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, GEORGIA: W. J. CAMPBELL 18880000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1888-9. VOLUME II. 18880000 18890000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GEORGIA. W. J. CAMPBELL, STATE PRINTER. 1889.

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CONSTITUTION JOB OFFICE, ATLANTA, GEORGIA.

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TABLE OF TITLES. PART I.PUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.COUNTY OFFICERS. TITLE VII.JUDICIARY. TITLE VIII.EDUCATIONPUBLIC. TITLE IX.MILITARY. TITLE X.COMMON CARRIERS. TITLE XI.MISCELLANEOUS. PART II.CORPORATIONS. TITLE I.RAILROAD COMPANIES. TITLE II.BANKING, LOAN AND TRUST COMPANIES. TITLE III.INSURANCE COMPANIES. TITLE IV.TELEGRAPH COMPANIES. TITLE V.STEAMBOAT, CANAL AND NAVIGATION COMPANIES. TITLE VI.MISCELLANEOUS. PART III.LOCAL LAWS. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.COUNTY OFFICERS. TITLE III.COUNTY COURTS. TITLE IV.CITY COURTS. TITLE V.GAME, FISH, ETC. TITLE VI.REGISTRATION. TITLE VII.ROADS AND BRIDGES. TITLE VIII.FENCES AND STOCK LAWS. TITLE IX.EDUCATION. TITLE X.REGULATING THE LIQUOR TRAFFIC. TITLE XI.REGULATING SALE OF FARM PRODUCTS. TITLE XII.MISCELLANEOUS. PART IV.PRIVATE LAWS. TITLE I.PERMITS. TITLE II.EXEMPTIONS. PART V.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1888-9. Part I.Public Laws. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.COUNTY OFFICERS. TITLE VII.JUDICIARY. TITLE VIII.EDUCATIONPUBLIC. TITLE IX.MILITARY. TITLE X.COMMON CARRIERS. TITLE XI.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. Deflciency Appropriation Act. For the Georgia Normal and Industrial College. What the General Appropriation Act shall contain. Amending General Appropriation Act of 1888. Appropriation for the Academy of the Blind. Appropriation for State Lunatic Asylum. For Geological Survey of the State. To establish the line between Georgia and Alabama. To pay Commissioners, Clerk and Surveyor, for Inventory and Appraisement W. A. Railroad. For Executors General Robert Toombs for services rendered the State. For organizing and equipping Volunteer Forces of the State. For Roster of Georgia Troops in Confederate Army. To J. P. Austin for loss of sight. DEFICIENCY APPROPRIATION ACT. No. 711. An Act to make additional appropriations for fiscal years 1889 and 1890; to supply deficiencies in the several appropriations for the expenses of the government, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the

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following sums of money be and they are hereby appropriated to the objects, and for the purposes herein stated, viz: Paragraph 1. To pay the incidental and contingent expenses of the present General Assembly, which began July 3, 1889, the sum of three hundred and fifty dollars, of which sum one hundred and fifty dollars is for use of the Senate, and two hundred dollars is for the use of the House of Representatives, or so much thereof as may be necessary, to be paid out on itemized accounts presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives. Contingent Expenses General Assembly. Paragraph 2. To pay for stationery for the present adjourned session of the General Assembly, seven hundred and fifty dollars, or so much thereof as may be necessary. Stationery. Paragraph 3. To pay the contingent expenses of the Supreme Court, the sum of two hundred and fifty dollars, in addition to the aggregate amounts appropriated for the years 1889 and 1890, or so much thereof as may be necessary, to be paid on itemized accounts to be presented to the Governor by the Clerk of said Court. Supreme Court. Paragraph 4. To pay the expenses of the Joint Committee which investigated the offices of the Treasurer and Comptroller-General, as provided in the Resolution, approved December 26, 1888, the sum of three hundred and eighty-four dollars and eighty cents. Joint Com. to investigate offices Treas. and Comp. Gen'l. Paragraph 5. And to pay the expenses and four dollars per diem of the Commission created under and by authority of an Act, approved December 26, 1888, for the purpose of furnishing and fitting the new Capitol, the sum of three hundred and eighty-three dollars, or so much as may be necessary. Commission furnishing and fitting new Capitol. Paragraph 6. To pay for the publication of circulars issued by the Railroad Commission, the sum of eight hundred and eighty-one dollars and eighty cents, which amount is now due certain newspapers for publishing said circulars, and the further sum of two hundred dollars to enable said Commissioners to publish such other circulars as they may deem proper to publish. Railroad Commission for advertising. Paragraph 7. To pay for the bond books required by the Act passed by this General Assembly, to be kept in the office of the Treasurer for the purpose of recording the bonds and coupons when they are paid by said officer, the sum of five hundred dollars, or so much thereof as may be necessary. Bond books for Treasurer's office. SEC. II. Be it further enacted by the authority of the same, That, in addition to the sum of eight thousand dollars appropriated by the Act of December, 1888, to the contingent fund for the fiscal year 1889, the sum of eighteen hundred dollars, or so much thereof as may be necessary, is hereby appropriated. Contingent fund.

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SEC. III. Be it further enacted by the authority of the same, That in addition to the amount appropriated to the printing fund for the fiscal year 1889, by the Act, approved December 26, 1888, the sum of five thousand and forty-eight dollars, or so much thereof as may be necessary be, and the same is hereby appropriated. Printing fund. SEC. IV. Be it further enacted by the authority of the same, That in addition to the amounts appropriated by the act of December 26, 1888, for repairs to public buildings, to purchase coal, wood, gas, etc., for Executive Mansion, the various departments of State, to pay hire of engineer, guards, porters and servants, etc., the following sums be appropriated: For the year 1889, twenty-two hundred and seven dollars and ninety-eight cents; and for the year 1890, thirty-seven hundred and twenty-two dollars, or so much thereof as may be necessary. Repairs to public buildings, care, fuel, servants, etc. SEC. V. Be it further enacted by the authority of the same, That for the purpose of paying one additional Gallery-Keeper of the Senate, one additional Gallery-Keeper of the House of Representatives, and one additional Door-Keeper of the House of Representatives, as provided by resolutions of this General Assembly, the sum of four dollars each per day be appropriated; and for the purpose of paying one extra porter for the Senate, as provided by resolution of that body, the sum of two dollars per day is hereby appropriated. Gallery-Keepers. Door-Keepers. Porter. SEC. VI. Be it further enacted, That to pay M. A. Hardin, Clerk of the House, seventy-five dollars, and H. H. Cabaniss, Assistant Secretary of the Senate, fifty dollars for preparing and mailing to each member of the General Assembly a statement of all the business pending before the General Assembly at the time of adjournment, as per resolution of the General Assembly, the sum of one hundred and twenty-five dollars is hereby appropriated. Clerk of House. Assistant Sec. of Senate. SEC. VII. Be it further enacted, That to pay Charles B. Willingham, Stenographer, two hundred dollars and fifteen cents, and Frank Haralson, Sergeant-at-Arms, fifty dollars, for services rendered the Committee of Investigation concerning the Richmond Terminal Company, the sum of two hundred and fifty dollars and fifteen cents is hereby appropriated. Stenographer, Sergeant-at-Arms, Com. of Investigation, Richmond Terminal Co. SEC. VIII. Be it further enacted, That to pay L. B. Clifton, the Stenographer for the Lunatic Asylum Investigation Committee, appointed by the General Assembly of 1886-'87, the sum of seventy-five dollars is hereby appropriated. Stenographer, Lunatic Asylum Investigation Com. SEC. IX. Be it further enacted, That the sum of thirty-five hundred dollars be, and the same is hereby appropriated, to pay the salaries of the two new Stenographers for the Supreme Court; five hundred dollars for 1889 and three thousand dollars for 1890;

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also, that three hundred and fifty dollars be appropriated to pay additional salary of the State Librarian for 1889 and 1890; also, three hundred and fifty dollars to pay additional salary of the Assistant State Librarian. New Stenographers for Supreme Court. State Librarian. Ass't Librarian. SEC. X. Be it further enacted, That the sum of four thousand dollars be, and the same is hereby appropriated, for the purpose of repairing the buildings of the State University at Athens, which sum may be used by the Trustees, in their discretion, for the purpose of repairing the buildings, or of building such a new building as they may deem necessary. Repairing buildings State University. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. ESTABLISHING THE GEORGIA NORMAL AND INDUSTRIAL COLLEGE, AND APPROPRIATING MONEY FOR THE SAME. No. 590. An Act to establish a Normal and Industrial College as a branch of the State University, for the education of white girls; to appropriate money for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That there shall be established in connection with the State University, and forming one of the departments thereof, a college for the education of white girls, to be known as the Georgia Normal and Industrial College. Said college shall be located, equipped and conducted as hereinafter provided. SEC. II. Be it further enacted by the authority aforesaid, That the Governor of this State shall nominate and appoint, by and with the advice and consent of the Senate, five fit and discreet persons, to be known as the Board of Directors of the Georgia Normal and Industrial College, who shall serve without pay, except their actual expenses while away from their several places of residence attending to the duties of said Board of Directors, which shall be paid. When the said Directors have selected a location for the Georgia Normal and Industrial College, as hereinafter provided, the Governor shall appoint from the county where located two additional Directors,

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who shall be appointed and confirmed as the first five Directors provided for, and shall have like power and duties. In all cases where there is a vacancy in the Board of Directors, or from any cause there are unfilled places in said Board when the General Assembly is not in session, the Governor shall appoint to fill the vacancy until a regular appointment can be made by the Governor and confirmed by the Senate. Board of Directors paid for actual expenses. To fill vacancies in Board of Directors SEC. III. Be it further enacted by the authority aforesaid, That a majority of said Board shall constitute a quorum for the transaction of business. Quorum. The said Board shall have power to select from their numbers a President and a Secretary, and to prescribe rules and regulations for their government. Immediately after the Board of Directors is composed of seven members, they shall divide by lot into three classes: two members holding for two years, two for four years, and three for six years. The result of this allotting shall be certified to by the President and Secretary of said Board, and presented to the Governor, who shall then issue accordingly, commissions to each of the members of said Board, in lieu of the certificates of appointment, which shall be issued when first appointed. The term of each shall be computed from the date of the appointment of the first five. All subsequent appointments shall be made as above prescribed, and for a term of six years, except when made to fill an unexpired term. President and Sec'ty. Term of office. How commissioned. Subsequent appointments. SEC. IV. Be it further enacted by the authority aforesaid, That it shall be the duty of the Governor to convene said Board at the Capital of the State within ninety days after the approval of this Act, but all subsequent meetings shall be by direction of the Board of Directors, or called by its officers under its rules and regulations. Whenever it is made to appear to the Governor that any member of said Board has failed to attend two successive meetings of said Board, without rendering an excuse which is satisfactory to, and accepted by the Board, it shall be the duty of the Governor to declare his place vacant, and to fill the vacancy. To convene Board of Directors. SEC. V. Be it further enacted by the authority aforesaid, That the five Directors first appointed under the provisions of this Act shall, as soon as they are organized, proceed to locate said Georgia Normal and Industrial College in the city of Milledgeville, and for that purpose the property of the State known as the Executive Mansion, and its grounds, containing two acres, and the land and buildings known as the Penitentiary Square, containing twenty acres, be, and it is hereby set apart and appropriated for the purposes and benefit of said School. Location. Buildings and grounds appropriated.

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SEC. VI. Be it further enacted by the authority aforesaid, That so soon as said Directors have procured suitable grounds they shall proceed to have erected on such grounds the necessary buildings for said college. In case they shall select grounds upon which there are buildings, they shall proceed to remodel the same, if needful, and erect any additional buildings that may be necessary. The Directors shall procure and place in the building of the Georgia Normal and Industrial College the necessary machinery, power, fixtures, furniture, equipment, appliances and apparatus to carry into effect the intention of this Act. Buildings to be erected or remodeled. Equipment. SEC. VII. Be it further enacted by the authority aforesaid, That when the necessary buildings shall have been erected, or completed, and the machinery, power, fixtures, furniture, equipment, appliances and apparatus placed therein, as required by this Act, and said Georgia Normal and Industrial College shall be ready for the reception of students, said Board of Directors shall notify the Board of Trustees of the University of Georgia, and shall turn over the said Georgia Normal and Industrial College to their control and management. When completed turn over to Trustees of University of Georgia. SEC. VIII. Be it further enacted by the authority aforesaid, That the said college shall be a part of the University of Georgia and under the control and management of its Board of Trustees. Said Trustees shall have authority, from time to time, to add such special features to the college, and to open such new departments of training and instruction therein, as the progress and advancement of the times require. They shall also have power and authority to ordain and establish such rules and by-laws for the regulation of said college, and the teaching, training and governing of the students, not inconsistent with this Act, as in their opinion may be proper to secure the success of said college. The Chancellor of the University of Georgia shall have general supervision of said Georgia Normal and Industrial College, and its officers shall be selected and their salaries fixed, either directly by the Board of Trustees of the University of Georgia, or through the Board of Directors, as herein provided. And under their control and management. Special features. Rules and by-laws. Salaries fixed. SEC. IX. Be it further enacted by the authority aforesaid, That the Board of Directors, hereinbefore provided, shall become, as soon as said college is turned over by them to the Board of Trustees of the University of Georgia, a local Board of Directors for said Georgia Normal and Industrial College, with right of succession, as hereinbefore provided, and all the powers necessary for the immediate control, supervision and management of said college, subject to the Board of Trustees of the State University, of which body

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the President of the Board of Directors above mentioned shall be ex-officio a member. Local Board of Directors. SEC. X. Be it further enacted by the authority aforesaid, That said Board of Directors shall have full and ample powers, subject to the restrictions and limitations herein made, to establish and maintain a first-class college for the education of white girls. Said college shall have an Industrial Department, in which shall be taught telegraphy, stenography, typewriting, photography, book-keeping, domestic economy, cutting and making dresses, printing, industrial and decorative art in its practical application, and such other practical industries as may tend to fit and prepare girls for occupations which are consistent with feminine refinement and modesty. There shall also be a normal department for the thorough training of teachers. No girl shall be allowed to take a course in said college who does not receive instruction in at least one industrial art. Its powers. Industrial Department. Normal Department. SEC. XI. Be it further enacted by the authority aforesaid, That the Board of Directors shall appoint a President and Professors of said college and such other officers as they think proper, and shall make such laws, rules and regulations for the government of said college, its officers, students and employes as they may deem advisable. They shall divide the course of study and instruction into departments, so as to secure thorough education and the best possible instruction. Said Directors shall regulate the rates of tuition, together with the course of discipline necessary to enforce the faithful discharge of the duties of all officers, professors and students. Board of Directors appoint officers and provide rules and regulations. SEC. XII. Be it further enacted by the authority aforesaid, That said Board of Directors shall apportion to each county its quota of the scholars which can be received into said college on the basis of the white population (according to the United States census taken just preceding each appointment) in the State and several counties; Provided, That each county shall be entitled at least to one scholarship in said college. After giving notice for not less than two weeks, the Board of Education in each county shall ascertain which of the applicants from their respective counties are qualified to enter said college, and select from those so qualified to enter those to be sent from their respective counties, and certify such selections to the President of the Georgia Normal and Industrial College. Such appointments shall be made under the regulations prescribed by said Board of Directors, who shall also provide for the disposition of scholarships not taken by the counties entitled to them. In all selections of scholars preference shall be given to the daughters of deceased and disabled Confederate soldiers who are otherwise unable to secure a thorough education. Quota of scholars from counties. How selected. Disposition of scholarships.

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SEC. XIII. Be it further enacted by the authority aforesaid, That the sum of thirty-five thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the establishment and equipment of said Georgia Normal and Industrial College, and to carry into effect this Act. The Governor is hereby authorized to draw his warrant on the Treasurer of this State in favor of said Board of Directors for such parts of said sum as may be applied for in writing, from time to time, as such work progresses, and as expenses are incurred; provided, that said $35,000 shall be paid in three equal installments for the year 1891, 1892, 1893, out of the proceeds of the lease of Western and Atlantic Railroad not otherwise appropriated. Appropriates thirty-five thousand dollars. How and when paid. SEC. XIV. Be it further enacted by the authority aforesaid, That all property purchased under the authority of this Act shall be free from liens or incumbrances, and title to the same, as well as to any donations that said Board may receive, shall be taken in the name of the Trustees of the University of Georgia, in their corporate capacity, and said property shall become the property of the State of Georgia; and the same shall not be alienated by any one, nor shall any valid lien be created thereon, neither in the erection of any building nor by the act of any person, nor by operation of law. All property purchased under authority of this Act free from liens or incumbrances. SEC. XV. Be it further enacted by the authority aforesaid, That when said Directors shall turn over said property to the Trustees of the University of Georgia, as herein provided, said Directors shall submit to said Trustees a full statement, describing the property donated, if any; the property purchased, if any; the amount of money expended therefor, with proper vouchers, showing all amounts and property received, and from what source, and for what expended. Said Board of Trustees shall verify said report and transmit the same to the Governor, with any suggestions they may deem proper to make, and the Governor shall submit to the General Assembly a summary of the same. Report of Board of Directors. SEC. XVI. Be it further enacted by the authority aforesaid, That said Board of Directors shall have power to accept for said Georgia Normal and Industrial College all donations of money and property of whatever kind or character, title to which shall be made and vest as provided in section 14 of this Act. Authorized to accept donations. SEC. XVII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 8, 1889.

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PRESCRIBING WHAT THE GENERAL APPROPRIATION BILL SHALL CONTAIN. No. 612. An Act to prescribe what the General Appropriation Bill of each General Assembly shall contain, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That after the passage of this Act, all General Appropriation Bills or Acts shall, in addition to the customary itemized statements of the amounts appropriated for the usual expenses of the Executive, Legislative and Judicial Departments of the government, and for the support of the public institutions and educational interests of the State, contain also a like itemized statement of all the amounts appropriated by any previous law, to be paid annually out of the Treasury; and such amounts, so appropriated by previous laws, shall not be paid from the Treasury, unless they are embraced in said General Appropriation Bill or Act. Usual expense of the State government. Amounts appropriated by any previous law. SEC. II. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 11, 1889. AMENDING GENERAL APPROPRIATION ACT OF 1888. No. 613. An Act to amend section 6, paragraph 1, of an Act, approved December 26, 1888, entitled 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 the interest thereof, and for the support of the public institutions and educational interest of the State, for each of the fiscal years 1889 and 1890, and for other purposes, by adding to said paragraph the following: Two hundred thousand dollars of which shall be paid from the sinking fund. 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 6, paragraph 1, of an Act, approved December 26, 1888, and known as the General Appropriation Act for the years 1888

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and 1889, be amended by adding to said paragraph the following words: Two hundred thousand dollars of which shall be paid from the sinking fund, so that said paragraph, when so amended, shall read as follows: Amends Sec. 6, paragraph 1, of General Appropriation Act To pay bonds maturing January 1, 1889, two million, one hundred and forty-one thousand dollars, two hundred thousand dollars of which shall be paid from the sinking fund. SEC. II. Be it further enacted by the authority of the same, That all laws or parts of laws in conflict herewith are repealed. Approved November 11, 1889. APPROPRIATION FOR THE ACADEMY OF THE BLIND. No. 199. An Act to appropriate the sum of fifteen thousand dollars for the erection of a dormitory for the inmates of the Academy for the Blind, at Macon. WHEREAS, The public buildings now in use for the inmates of the Academy for the Blind are entirely insufficient for the proper accommodation and security of said inmates; and, whereas, it is absolutely necessary that a dormitory be provided for these unfortunate wards of the State; therefore, Preamble. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That the sum of fifteen thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the erection of a dormitory at the Academy for the Blind, located at Macon, for the use of the inmates of said Academy. Amount appropriated. SEC. II. Be it further enacted by the authority aforesaid, That the said sum of fifteen thousand dollars, or so much thereof as may be necessary, shall be paid to the Trustees of the Academy for the Blind, to be used and expended by them in the erection of said dormitory, whenever the Governor of this State shall approve the drafts of the President of said Board of Trustees, to be made upon the Treasurer of the State in such sums and amounts as may be necessary, from time to time, in carrying out the provisions of this Act; and, provided further, That the Governor shall first approve

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the plans and specifications which may be submitted for the erection of the dormitory as aforesaid. Purposes of appropriation. How and when to be paid. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved August 16, 1889. APPROPRIATIONS TO THE STATE LUNATIC ASYLUM. No. 511. An Act to appropriate money to the State Lunatic Asylum, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives in the General Assembly met, That from and after the passage of this Act, the sum of eighteen thousand, three hundred dollars be, and the same is hereby appropriated in addition to the sum heretofore appropriated by this General Assembly, for the support and maintenance of the State Lunatic Asylum for the years 1889 and 1890, to be applied as hereinafter directed, to-wit: Ten thousand dollars for the support, sustentation and maintenance of the inmates of said asylum; three thousand three hundred dollars for the purchase of an improved one hundred and fifty-six horse power boiler, said boiler to be used for heating purposes; five thousand dollars, to complete the artesian well; three thousand dollars, for the erection of a storage room on the dummy line, and two thousand dollars for new floors in the old buildings, and fencing, and bedsteads, and painting; and the Governor is hereby authorized and required to draw his warrant for the sum mentioned, on any moneys in the Treasury not otherwise appropriated, for these purposes. Amount appropriated. Purposes of appropriation. 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 October 29, 1889.

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TO REVIVE THE OFFICE OF STATE GEOLOGIST, AND PROVIDE FOR GEOLOGICAL, MINERALOGICAL AND PHYSICAL SURVEY OF THE STATE. No. 688. An Act to revive the office of State Geologist, and to provide for a geological, mineralogical and physical survey of the State of Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the office of State Geologist is hereby revived, and the Governor, as soon as practicable after the passage of this Act, shall appoint, with the consent of the Advisory Board, a competent person to this office, who shall have a thorough, scientific and practical knowledge of the science of geology and mineralogy, and who is not connected with any school or college as an instructor. The State Geologist shall enter upon the duties of his office on the first day of July, 1890, and shall hold until removed by the appointing power for inefficiency, incompetency, or misconduct, or until the office is abolished by the General Assembly. The office of the State Geologist shall be at the seat of Government. Reviving the office of State Geologist. SEC. II. Be it further enacted, That there shall be an Advisory Board, consisting of the Governor of the State (who shall be President of the Board), the Commissioner of Agriculture, the State School Commissioner, the State Treasurer, the Comptroller-General and the Attorney-General. Four members present at any meeting shall constitute a quorum for the transaction of any business. Advisory Board. SEC. III. Be it further enacted, That two competent Assistant State Geologists shall be chosen by the Advisory Board, who may be removed at any time, by the appointing power, for incompetency, inefficiency, or misconduct. It shall be the duty of the State Geologist and his assistants to divide the State into three geological sections, as nearly equal in area as may be expedient, to be known as North Georgia, Middle Georgia, and South Georgia Geological Sections; the Northern Section shall extend from the State line southward to the 34th degree of latitude; the Middle Section shall extend from that degree southward to the 33rd degree of latitude; the Southern Section shall extend from the last mentioned degree to the southern boundary of the State line; the survey and exploration of each of said sections shall commence simultaneously by said State Geologist and his assistants and one thousand dollars of

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the foregoing appropriation, or so much thereof as may be necessary, shall be applied to each of said sections for an outfit and necessary expenses incident to the prosecution of the work in each section. So soon as a general outline of geological survey of the entire State shall have been made, the State Geologist shall enter upon one of these sections, and assign one to each of his assistants, and under the control of the first named, the corps shall proceed to make a careful and complete geological, mineralogical and physical survey of the State; to enter upon record, to be kept for that purpose in his office, an accurate statement of the extent of all water-powers, woods, roads, springs and water courses, and the [Illegible Text] topography and general physical character of the country, and locate the belts of ores and useful minerals, building material; report characteristics and composition of the soils, and the deposits of marls and phosphates; to collect, analyze and classify specimens of minerals, plants and soils, and enter the same upon record; to cause to be preserved in a museum [Illegible Text] illustrating the geology, mineralogy, soils, plants, valuable woods, and whatever else may be discovered in Georgia of scientific or economic value, and shall make a report of the survey of every county of this State, accompanied with all necessary maps and illustrations. For the purpose of making the analysis contemplated in this Act, the State Geologist shall have access to the chemical laboratory of the State. The Stage Geologist shall have supervision of the entire work, and shall be responsible for the accuracy of the same. It shall be the duty of the State Geologist to make reports to the Advisory Board as often as required by them, and they shall report to each General Assembly the progress and condition of the survey; an accurate account of money spent; and such reports of the State Geologist and his assistants as have been completed, together with all such information as may be deemed necessary and useful. Assistants. Duty of Geologist and assistants. To survey the State. Appropriation for outfit. Work of the Geologist and Assistants. Reports to Advisory Board. SEC. IV. Be it further enacted, That the Advisory Board shall have the supervision of the money expenditures in the prosecution of the work contemplated by this Act. The State Geologist shall make to the Advisory Board monthly statements under oath of all incidental expenses necessarily incurred by himself and his assistants, accompanied by proper vouchers, in the discharge of their labors. The Board shall audit such accounts, item by item, and approve or reject the same, as in their judgment may be right. When an [Illegible Text] allowed, the Governor shall draw his warrant for the amount thereof upon the funds appropriated by the provisions of this Act. The Governor, with the advice and consent of the Board, may, at any time, suspend the field operations

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of the Geological Corps until the next meeting of the General Assembly. Advisory Board has [Illegible Text] of all expenditures. How paid. The Governor may suspend field operations. SEC. V. Be it further enacted, That the State Geologist shall keep his office in a room to be set aside for that purpose by the Governor, and the Commissioner of Agriculture shall furnish the clerical work required by the State Geologist. His office. Clerical work. SEC. VI. Be it further enacted, That the salary of the State Geologist shall be $2,500 (twenty-five hundred dollars) per annum, and the two assistants shall each receive a salary of $1,250 (twelve hundred and fifty dollars) per annum, to be paid as now provided by law for the payment of other State House officers. His salary. Salary of assistants. SEC. VII. Be it further enacted, That the State Geologist, with the consent of the Board of Advisement, may employ a specialist, or specialists, at any time. Specialist SEC. VIII. Be it further enacted, That neither the State Geologist, nor his assistants, shall disclose to any person, except to the owner of the land, the result of a survey, until the same is made public by publication of the report by the Advisory Board, which shall be monthly or quarterly. When results of surveys may be published. SEC. IX. Be it further enacted, That the State Geologist and his assistants shall deposit, in the office of the Governor, all maps, surveys, notes, or memorandum of surveys, when the surveys are completed, which are hereby declared to be the property of the State. Maps of surveys State property. SEC. X. Be it further enacted, That the sum of $8,000 (eight thousand dollars), or so much thereof as may be necessary, be, and the same is hereby appropriated, annually, for the period of five years, to carry out the purposes of this Act, and this appropriation shall take effect annually, commencing on July 1, 1890. Annual appropriation for five years. SEC. XI. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved November 12, 1889.

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TO ESTABLISH THE LINE BETWEEN GEORGIA AND ALABAMA. No. 383. An Act to provide for establishing the line between Georgia and Alabama; to provide for the appointment of persons to establish said line, and to appropriate money to pay the expenses thereof, and for other purposes. WHEREAS, There are grave doubts as to the location of the State line between Georgia and Alabama on that part of the line which runs between Polk county in Georgia and Cherokee county in Alabama, and Preamble. WHEREAS, The same has occasioned considerable trouble, and said line should be definitely settled and fixed, for remedy whereof: SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Governor of this State is hereby directed to communicate with the Governor of Alabama for the purpose of having a joint survey and settlement of the disputed question; and if such arrangement can be made between the Governors of the two States, then the Governor of Georgia be, and is hereby required to appoint three competent persons to act with such number as may be appointed by the State of Alabama, whose duty it shall be to survey, establish and proclaim the line between the disputed points. Providing for a joint survey. SEC. II. Be it further enacted, That the sum of two hundred and fifty dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to pay the expenses of said proceeding, for which the Governor may draw his warrant upon the Treasurer. Amount appropriated. How paid SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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APPROPRIATIONS TO PAY COMMISSIONERS, CLERK AND SURVEYOR FOR INVENTORY AND APPRAISEMENT OF WESTERN AND ATLANTIC RAILROAD. No. 434. An Act to appropriate money to pay the Commissioners, Clerk and Surveyor, appointed under a resolution of the General Assembly of 1887, to make and file an Inventory and Appraisement and Survey of the property known as the Western and Atlantic Railroad, for such services only as were rendered in accordance with said resolutions. SECTION I. Be it enacted by the General Assembly of Georgia, That the sum of twelve hundred and fifty dollars be, and is hereby appropriated to pay to each of said Commissioners, William M. Reese, Virgil Powers, and C. B. Howard, in all, three thousand, seven hundred and fifty dollars, for such work as was done by them as such Commissioners in accordance with the resolution under which they were appointed; and the further sum of one thousand dollars be, and is hereby, appropriated to pay R. R. Renneau for services rendered as Surveyor, under said resolution recited in the title of this Act; and the further sum of seven hundred and fifty dollars be, and is hereby appropriated to pay James H. Troutman for his services as Clerk of said Commissioners. Amount appropriated. SEC. II. Be it further enacted, That, inasmuch as the second section of said resolution, approved October 24, 1887, under which the Commissioners, Clerk and Surveyor were appointed, declares that the present Lessees of the Western and Atlantic Railroad have no claim, either in law or equity, against the State, for betterments, and that no such claim will be entertained, or allowed, by the State of Georgia; therefore, nothing in this Act shall be construed to ratify any portion of the work or report of said Commissioners with reference to betterments. Proviso. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889.

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TO APPROPRIATE TWENTY-FIVE HUNDRED DOLLARS TO THE EXECUTORS OF GENERAL ROBT. TOOMBS FOR SERVICES RENDERED THE STATE. No. 174. An Act to appropriate the sum of twenty-five hundred dollars to be paid to the executors of General Robert Toombs as compensation for services rendered by said Robert Toombs to the State of Georgia, under appointment from the Governor of the State, in the case of George R. Tilley vs. The Savannah, Florida and Western Railroad, and James M. Smith, Campbell Wallace and Samuel Barnett, Railroad Commissioners, and Robert N. Ely, Attorney-General of the State of Georgia, in the United States Circuit Court for the Southern District of the State of Georgia, decided the 9th of February, 1881. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That, whereas, General Robert Toombs was employed by the Governor of the State of Georgia as counsel to represent the State in the case of George R. Tilley vs. The Savannah, Florida and Western Railroad, and James M. Smith, Campbell Wallace and Samuel Barnett, Railroad Commissioners, and Robert N. Ely, Attorney-General of the State of Georgia, in the United States Circuit Court for the Southern District of the State of Georgia; and, whereas, the said Robert Toombs, under said appointment, did represent the State in said case, and did prosecute the same to a final hearing on the 9th day of February, 1881, when a decision was rendered in said case in favor of the Georgia Railroad Commission, deciding that the said Commission was lawfully constituted and fully authorized to do and perform all and singular the duties required thereof by the Act constituting the same; and, whereas, no compensation has ever been received by General Toombs in his life time, or by his executors since his death for said services; and, whereas, said services are reasonably worth to the State of Georgia the sum of twenty-five hundred ($2,500) dollars; Preamble. Purpose of appropriation. Be it therefore enacted by the authority aforesaid, That said sum of twenty-five [Illegible Text] dollars be, and the same is hereby appropriated, to be paid like sums appropriated under the General Appropriation Act, by the Treasurer of the State of Georgia to the executors of said Robert Toombs upon their filing with said Treasurer a receipt in full of all demands against the State of Georgia

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on account of said services rendered by General Robert Toombs as aforesaid. Amount appropriated. How paid. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 26, 1889. FOR BETTER ORGANIZING, ARMING AND EQUIPPING THE VOLUNTEER FORCES OF THE STATE. No. 597. An Act to further carry into effect paragraphs 1, 2 and 3 of section 1 of Article 10 of the Constitution of Georgia; to provide for the better organizing, officering, training, arming, equipping, and maintaining the volunteer forces or active militia of this State, and to make appropriations to carry these objects into effect, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of Georgia, That there shall be allowed annually for all the expenses of the Adjutant and Inspector-General's department, inclusive of travel, stationery, reports, expenses of the Advisory Board, and everything else necessary to maintain said department, to be expended under the direction of the Governor, the sum of seven hundred dollars; which said sum is hereby appropriated for the expenses of said department annually. Annual appropriation for Adjutant and Inspector-General's Dep't. SEC. II. Be it further enacted, That in order to properly train the military force of the State, and to make it a practical and efficient body, there shall be annual encampments, so that each command shall be ordered for one week, annually, by the Governor, into camp, there to be drilled, disciplined and taught the practical duties of camp life. The Advisory Board is directed to provide each year a camping ground, upon bids to be invited by the said Advisory Board; which Board shall make a selection from said bids, having regard to the desirability of location, dimensions, sanitation, and other elements of desirability. And after the said selections are made, the State shall provide tents and everything else necessary, and shall furnish to the troops, when called out in this active service in said annual camps of instruction, one daily ration for each officer and man, and for each horse. Transportation shall be furnished

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by the State for the officers, men and horses, from their homes to said camps, and for their return. Annual encampments. State to provide tents and rations. Transportation. SEC. III. Be it further enacted, That, in order to carry out the objects of this Act, the annual sum of seventy-two hundred dollars, or as much thereof as may be necessary, is hereby appropriated, to be expended under the direction of the Governor, in accordance with the provisions of this Act, of which the sum of seven hundred dollars for the fixed expenses of the Adjutant and Inspector-General's departments shall have priority. Amount appropriated. SEC. IV. Be it further enacted, That all laws and parts of laws conflicting with the provisions of this Act be, and the same are hereby repealed. Approved November 11, 1889. PROVIDING FOR THE COMPLETION OF ROSTER OF GEORGIA TROOPS IN THE CONFEDERATE ARMY. No. 570. An Act to provide for the completion of a Roster of Georgia troops in the Confederate army; to provide a sum of money sufficient for that object, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Adjutant-General be, and he is hereby directed to make, or have made, a complete roster of all persons who entered the service of the Confederate States in the late war between the States from this State, giving the name, rank, letter of company, the number of regiment, and such other information as he may think will be of interest to the people. Adjutant-General directed to prepare a roster of Confederate soldiers from Georgia. SEC. II. Be it further enacted by the authority aforesaid, That one thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to carry out the provisions of this Act. Amount appropriated. 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 November 7, 1889.

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APPROPRIATION TO J. P. AUSTIN, AN EX-CONFEDERATE SOLDIER, FOR LOSS OF SIGHT. No. 190. An Act to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldier, of DeKalb county, for a total loss of sight, under the Act approved October 24th, 1887. WHEREAS, J. P. Austin, an ex-Confederate soldier, of DeKalb county, Georgia, was entitled to pay for a total loss of sight for the year ending in October, 1888, under the Act of the General Assembly, approved October 24th, 1887, but neglected to draw said pay therefor. Preamble. SECTION I. Be it enacted by the General Assembly of Georgia, That the sum of one hundred dollars be, and the same is hereby appropriated, to pay said J. P. Austin for total loss of sight, as provided in said Act of October 24th, 1887, and the Governor is authorized to draw his warrant for said sum in favor of said J. P. Austin, upon satisfactory proofs to him that said J. P. Austin is entitled to relief under said Act, and that he has not drawn pay for that year. Amount and purposes of appropriation. SEC. II. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 8, 1889.

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TITLE II. TAXES. ACTS. Tax on Dealers in Sewing Machines. System of County Taxation of Railroads. Executions for Taxes for Permanent Improvements to bear interest. Amending General Tax Act regarding Insurance Agents. Amending General Tax Act for Educational purposes. Tax for pulling Sleeping Cars over Railroads. Requiring persons owning a Mineral or Timber interest in Lands to return them for taxation. Prohibiting County Authorities from exempting Manufacturing enterprises and other property from taxation. To tax Street Railroads. Dummy and Electric Car Lines. AMENDING SUB-DIVISION 16 OF SECTION 2, GENERAL TAX ACT OF 1889-1890, RELATING TO DEALERS IN SEWING MACHINES. No. 398. An Act to alter and amend sub-division 16 of section 2 of the Act, approved December 26, 1888, to levy and collect a tax for the years 1889 and 1890, and for other purposes. SECTION 1. Be it enacted by the General Assembly, That sub-division 16 of section [Illegible Text] of the General Tax Act for 1889 and 1890, approved December 26, 1888, be and the same is hereby repealed, and that in lieu thereof be substituted the following: Sub-division 16. of section 2 repealed. Upon every sewing machine company selling or dealing in sewing machines, by itself or its agents, in this State, and upon all wholesale and retail dealers in sewing machines, selling sewing

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machines manufactured by companies that have not paid the tax required herein, two hundred dollars ($200) for each fiscal year or fractional part thereof, to be paid to the Comptroller-General at the time of commencement of business, and said companies or dealers shall furnish the Comptroller-General a list of all agents authorized to sell machines of their manufacture or under their control, and shall pay to said Comptroller-General the sum of five dollars for each of said agents for each fiscal year or fractional part thereof. Upon the payment of said additional sum, the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State, and such companies, dealers and agents having paid the taxes required herein, shall be exempted from any county or corporation tax for selling said sewing machines. Before doing business under this Act, all sewing machine agents shall be required to register their names with the Ordinaries of those counties in which they intend to operate, and exhibit to said Ordinaries their license from the Comptroller-General, and to keep such license posted on their vehicles or at their places of business. Wholesale or retail dealers in sewing machines shall be required to pay the tax provided herein for each manufacture of sewing machine sold by them, except the manufactures of such companies as have paid the tax required by this Act. All unsold sewing machines belonging to sewing machine companies, dealers or their agents in possession of said companies, dealers, their agents or others shall be liable to seizure and sale for payment of such license fees and tax. Manner of taxing sewing machine companies or agents. Must furnish list of agents to Comptroller-General. Agents must register. Dealers required to pay the tax for each manufacture of machines. Any person who shall violate the provision 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. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid as herein provided, and who keep the said machines and sell and deliver them at their places of business, such sales not being on commission. Penalty for violation of this Act. Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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SYSTEM OF COUNTY TAXATION OF RAILROADS. No. 399. An Act to provide a system of taxation of railroad property in each of the counties of this State through which said railroads run, and to provide a mode of assessing and collecting the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That hereafter in each and every year, on or before the first day of May, each and every railroad company in this Sate, shall make an annual return to the Comptroller-General of this State, for the purposes of county taxation in each of the counties through which said road runs, in the following manner: Said return shall be under the oath of the President or other chief executive officer, and shall show the following facts as they existed on the first day of April preceding, towit: First, showing the aggregate value of the whole property of said railroad company; second, showing the value of the real estate and track bed of said company; third, showing the value of the rolling stock and all other personal property of said company; fourth, showing the value of the company's property in each county through which it runs. Railroads to make annual returns to Comptroller-General under oath of President or chief executive officer. SEC. II. Be it further enacted by the authority aforesaid, That whenever the amount of the tax levy of any county through which the said railroad runs, is a sessed by the authority of such county, it shall be the duty of the Ordinary thereof to certify the same and transmit such certificate to the Comptroller-General; and the property of such railroad companies shall be subject to taxation in each and every county through which the same passes to the same extent and in the same manner that all other property is taxed, in the manner hereafter set out. Subject to taxation in every county through which it passes. SEC. III. Be it further enacted by the authority aforesaid, That whenever such certificate is received by the Comptroller-General, it shall be his duty to proceed to assess the amount of each and every railroad company's property, in each and every of said counties, in the following manner: First, it shall be assessed upon the property located in each county upon the basis of the value given by the returns required by section first of this Act; second, the amount of tax to be assessed upon the rolling stock and other personal property, is as follows: As the value of the property located in the particular county is to the value of the whole property, real and

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personal, of the said company, such shall be amount of rolling stock and other personal property, to be distributed for taxing purposes to each county. These two, the value of the property located in the county and the share of the rolling stock and personal property thus ascertained, and apportioned to each of such counties, shall be the amount to be taxed to the extent of the assessment in each county. Property assessed. Distributed for taxing purposes. SEC. IV. Be it further enacted, That should the property of any railroad company in this State be not subject to taxation, as hereinbefore provided, but taxable upon its net income, such railroad company shall report to the Comptroller-General the entire length of its road, the different counties through which such road runs, and the number of miles in each county, which report shall be made at the time that railroad companies are required to return their property for taxation. When the income of such road is returned to the Comptroller-General he shall estimate the amount of income for each county through which such road runs, upon which shall be levied for such county a tax to be ascertained in the following manner: In the proportion that the road in each county bears to the whole length of the road, in that proportion shall the income returned by said road be taxed by each county through which it passes. Such income shall be taxed at the rate fixed by the charter of such railroad company, which tax shall be assessed and collected by the Comptroller-General, and by him paid over to the county entitled to such tax. If any railroad company refuses to pay such tax the Comptroller shall issue execution for the amount of said tax due to each county, which shall be levied on any property of said company. The railroad company may resist such tax as is herein provided in case of tax on property of railroad companies. Not subject to taxation, but taxable on net income. Proportion allowed each county through which it passes. When executions can be issued. SEC. V. Be it further enacted by the authority aforesaid, That whenever the Comptroller-General shall ascertain and levy in the manner specified in the preceding section, the amount of tax due by such company to each of such counties, it shall be his duty at once to notify the President and Treasurer of such railroad company of the amount due in each of said counties for county taxes of said railroads, and each and every road is hereby required, within sixty days from the receipt of such notice, to pay to the Tax Collector of each county through which the railroad runs the amount mentioned by the Comptroller-General as the tax due to such county. Amount due in each county to be paid to Tax Collector. SEC. VI. Be it enacted by the authority aforesaid, If any railroad company shall refuse to pay, within sixty days, the amount thus ascertained and due by it to the Tax Collector of any county

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to which the same is due and payable, it shall be the duty of the Comptroller-General to at once issue a fi. fa. in the name of the State of Georgia against such railroad company for the same; to be issued, levied and returned in the same manner as tax fi. fas. are issued for State taxes due in the State by said companies. Manner of issuing fi. fas. SEC. VII. Be it further enacted by the authority aforesaid, If any railroad company shall dispute the liability to such county tax, it may be done by an affidavit of illegality, to be made by the President of said railroad in the same manner as other affidavits of illegality are made, and shall be returned for trial to the Superior Court of the county of Fulton, where such cases shall be given precedence for trial over all other cases, except tax cases, in which the State shall be a party. Affidavit of illegality returnable to Fulton Superior Court. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. EXECUTIONS FOR TAXES FOR PERMANENT INPROVEMENTS TO BEAR INTEREST. No. 600. An Act to provide that all executions for taxes due the State or any county thereof, or any municipal corporation therein, whether issued on assessments for permanent improvements of streets or sewers of said municipal corporations or otherwise, shall bear interest at the legal rate from the time fixed by law for issuing 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 all executions issued for taxes due the State or any county thereof, or any municipal corporation therein, whether issued on assessments for permanent improvements of streets or sewers of said municipal corporation, or otherwise, shall bear interest at the rate of seven per cent. per annum from the time fixed by law for issuing the same; Provided, That this Act shall not apply to taxes or tax fi. fas. issued by any municipal corporation imposing penalties for failure to pay tax. Executions issued for taxes shall bear interest. Rate per cent. Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 11, 1889.

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AMENDING PARAGRAPH 9, SECTION 2 OF GENERAL TAX ACT OF 1889 AND 1890INSURANCE AGENTS. No. 625. An Act to amend Paragraph 9, Section 2 of an Act to levy and collect a tax for the support of the State Government and the Public Institutions, etc., for each of the fiscal years 1889 and 1890. Approved December 26, 1888. 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 paragraph 9 of section 2 of the above recited Act, known as the General Tax Act for 1889 and 1890, be amended by inserting after the word agent and before the word doing the words, or firm of agents, so that said paragraph, when amended, will read as follows: Ninth. Upon every local insurance agent or firm of agents doing business in this State, ten dollars for each county in which they shall solicit business; and upon every agent of a matrimonial, natal or nuptial company, or traveling, special or general agent of life, fire, accident or other insurance company doing business in this State, fifty dollars, which said agents must pay before he or they shall be authorized to act as an agent 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 Act approved October 24, 1887. The receipt of the Comptroller-General for the payment of this tax, together with his certificate, as provided by said Act, approved October 24, 1889, shall constitute the license for said agents to transact business for their companies as designated by said certificates; Provided, this tax shall not be required of agents of assessment life insurance companies or mutual aid societies. Paragraph 9 of section 2 amended. Local agents. Special or general agents. To whom paid. Proviso. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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AMENDING GENERAL TAX ACT OF 1889-1890 FOR EDUCATIONAL PURPOSES. No. 712. An Act to amend an Act entitled an Act to levy and collect a tax for the support of the State government and the public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest of the public debt, and to pay maimed Confederate soldiers such amounts as are allowed them by law, for each of the fiscal years 1889 and 1890; and to prescribe what persons, professions and property are liable to taxation; and to prescribe the method of receiving and collecting said taxes; and to prescribe the method of ascertaining the property of this State subject to taxation; to prescribe additional questions to be propounded to tax-payers; 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 section one of the above recited Act be, and the same is hereby amended, by striking out in sixth line of said section between the words and and tenths, the word four, and insert the word seven, so as to make said section read as follows; SECTION 1. 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 seven-tenths mills per centum for the fiscal year eighteen hundred and eighty-nine, and two and seven-tenths mills per centum for the fiscal year eighteen hundred and ninety, and the Governor be, and is hereby authorized and empowered, by and with the assistance of the Comtroller-General, to assess and levy, in addition to the foregoing general State tax, a tax of one-half of a mill for the year eighteen hundred and eighty-nine, and a tax of one mill for the year eighteen hundred and ninety, on all the taxable property of this State, for the purpose of raising [Illegible Text] funds necessary to meet the appropriations by this General Assembly for educational purposes in instructing children in the elementary branches of an English education only. Section one amended. Tax to be levied. For educational purposes. SEC. II. And be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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AMENDING GENERAL TAX ACT OF 1889 AND 1890LICENSE FOR PULLING SLEEPING CARS OVER RAILROADS. No. 727. An Act to amend Sub-division 10 of Section 10 of the Act, approved December 26, 1888, entitled an Act to levy and collect a tax for the support of the State Government and Public Institutions for the fiscal years 1889 and 1890, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That sub-division 10 of section 10 of the above recited Act be amended as follows: Strike out of lines two, three and four the following words, to-wit: Not a resident of this State, and except such sleeping cars as are taxed as property of railroad companies as are herein provided, and insert the following words in lieu thereof, upon which taxes are not paid under the provisions of this Act, so that said section, when amended, shall read as follows: That every railroad company that pulls over its road sleeping cars of any person or corporation upon which taxes are not paid under the provisions of this Act, such railroad company shall pay a license for pulling such cars in each of the years 1889 and 1890, as follows: A railroad company whose line is not less than 50 nor more than 100 miles long shall pay a license of $100; if more than 100 and not more than 150 miles long, $150; if more than 150 and not more than 200 miles long, $200; if 250 miles long $250, and if longer than 250 miles $300, which license tax shall be paid to the Comptroller-General. Sub-division 10 of section 10 amended. Amount of license. To whom paid. SEC. II. Be it further enacted, That if any railroad company shall fail to pay the license herein provided for on or before the first day of October in each year, the Comptroller-General shall issue execution against such defaulting company for the amount of such license as is now provided by law for the issuance of executions against railroad companies that fail to return or pay taxes as the law requires. On or before October 1st. SEC. III. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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REQUIRING PERSONS OWNING A MINERAL OR TIMBER INTEREST IN LANDS TO RETURN THEM FOR TAXATION. No. 742. An Act to require persons owning a mineral or timber interest, or any other interest or claim to land less than the fee, to return the same for taxation. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, all persons owning any mineral or timber interests, or any other interest or claim in or to land less than the fee shall be, and they are hereby required to return the same for taxation and to pay taxes the same as on other property. Mineral or timber interests returnable for taxation. SEC. II. Be if further enacted, That any person failing to comply with the requirements of the foregoing section shall be proceeded against as a defaulting tax payer. 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 November 12, 1889. PROHIBITING COUNTY AUTHORITIES FROM EXEMPTING MANUFACTURING ENTERPRISES AND OTHER PROPERTY FOR TAXATION. No. 751. An Act to prevent the exemption from taxation of certain property of this State; to secure the collection of taxes on the same, and to provide a penalty for the violation of the provisions of this Act. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any county authority to exempt from taxation any manufacturing industry or enterprise, or any property of any kind not how exempt by law. Unlawful to exempt manufacturing or other property from taxation. SEC. II. Be it further enacted, That it shall be the duty of the Tax Receiver of each county to have all such property, whether exempted by the county authorities or not, which is required by law to be returned for taxes in the several counties of this State, returned for taxation, and it shall be the duty of the Tax Collector of each county to collect the taxes assessed upon all such property. To assess and collect taxes assessed on such property.

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SEC. III. Be it further enacted, That any Tax Receiver or Tax Collector violating the provisions of this Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished under section 4310 of the Code of Georgia. Penalty. 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 November 13, 1889. AMENDING AN ACT, APPROVED FEBRUARY 28, 1874, PROVIDING FOR THE TAXATION OF RAILROADS, TO INCLUDE STREET RAILRODS, DUMMY AND ELECTRIC RAILROADS. No. 755. An Act to amend an Act, approved February 28, 1874, providing for the taxation of railroads in this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section first of the above recited Act be amended by inserting after the words railroad companies, in the second and third lines and before in in the third line, the words, including street railroads, dummy railroads, and electric railroads, so that the section thus amended, will read as follows: That from and after the passage of this Act, the presidents of all the railroad companies, including street railroads, dummy railroads, and electric railroads in this State shall be required to return, on oath, annually, to the Comptroller-General, the value of the property of their respective companies, without deducting their indebtedness; each class or species of property to be separately named and valued, so far as the same may be practicable, to be taxed as other property of the people of the State, and that said returns shall be made under the same regulations provided by law for the returns of officers of other incorporated companies, which are required by law to be made to the Comptroller-General; Provided, That the said railroads shall be taxable for city purposes as other property is taxed for city purposes, and any law making railroads taxable by counties will be applicable to street railroads of every character. Section 1st amended. Includes street railroads, dummy and electric roads. 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 November 13, 1889.

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TITLE III. CONSTITUTION. ACTS. First reading of House and Senate Bills. Aid for Widows of Confederate Soldiers. To carry into effect last clause of Article 7, Section 1, Paragraph 1 of the Constitution. AMENDING ARTICLE 3, SECTION 7, PARAGRAPH 7 OF THE CONSTITUTIONRELATING TO FIRST READING OF HOUSE AND SENATE BILLS. No. 436. An Act to amend Article 3, Section 7, Paragraph 7 of the Constitution of the State, by adding thereto the following words: But the first reading of each bill, in each House, shall consist of the reading of the title only, unless said bill is ordered to be engrossed, whereas Article 3, Section 7, Paragraph 8 of the Constitution requires that no law or ordinance shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. AND, WHEREAS Rule 32 of the Senate and Rule 41 of the House requires that No debate shall be admitted upon any bill at the first reading, and the question shall be, Shall this Bill be committed or engrossed; and, WHEREAS, experience has shown the wisdom of these rules forbidding debate upon its first reading, and until a committee, to which a bill has been referred, has become accurately and thoroughly acquainted with its intent and force and reported their opinion of it, and the rules themselves

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prove that it is unnecessary to read more than the title of the bill when first introduced; and, WHEREAS, if this amendment becomes part of the Constitution the result will be to shorten the sessions of the General Assembly, and thus largely reduce the expenses of the legislative department of the State Government, and to that extent diminish the burdens of taxation upon the people of the State; therefore Preamble. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Constitution of this State be amended by adding to article 3, section 7, paragraph 7, the following words: But the first reading of each bill, in each House, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. Article 3, section 7, paragraph 7 amended. SEC. II. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, the Governor shall, and he is hereby authorized and instructed, to cause said amendment to be published in at least two newspapers, in each congressional district in this State, for the period of two months next preceding the time of holding the next general election. Amendment to be submitted to the people. SEC. III. Be it further enacted, That he above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be entitled to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution, shall have written or printed on their ballots the words: For ratification of the amendment of paragraph 7, of section 7, of article 3, of the Constitution, and all persons opposed to the adoption of said amendment, shall have written or printed on their ballots the words: Against the ratification of the amendment of paragraph 7, of section 7, of article 3, of the Constitution. Qualifications of voters. Ballots. SEC. IV. Be it further enacted, That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act, to a vote of the people as required by the Constitution of this State, in paragraph 1 of section 1, of article 13, and by this Act; and, if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the

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same manner as in cases of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation for the period of thirty days announcing such result and declaring the amendment ratified. Proclamation of result. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889. AMENDING SECTION 7 OF THE CONSTITUTION AND THE AMENDATORY ACT OF 1885AID FOR WIDOWS OF CONFEDERATE SOLDIERS. No. 527. An Act to amend Article 7, Section 1, Paragraph 1, of the Constitution of 1877, and the Act of 19th of October, 1885, amendatory thereof, so as to include widows of Confederate soldiers in the aid therein extended, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act of 1885, approved October 19th, 1885, amending article 7, section 1, paragraph 1, of the Constitution of 1877, be and the same is hereby amended, by adding thereto and at the end of said Act the following words: And for the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since from wounds received therein or disease contracted in the service; Provided, That this Act shall only apply to such persons as were married at the time of such service, and have remained unmarried since the death of such soldier husband, so that said article 7, section 1, paragraph 1, of the Constitution of 1877, and the said Act amendatory thereof, shall read as follows: To supply the soldiers who lost a limb or limbs in the military service of the Confederate States with substantial artificial limbs during life, and [Illegible Text] suitable provisions for such Confederate soldiers as may have otherwise been disabled or permanently injured in such service; and for the widows of such Confederate soldiers as may have died in the service of the Confederate States or since from wounds received therein, or disease contracted in the service; Provided, That this Act shall only apply to such widows as were married at the time of such service and have remained unmarried since the death of such soldier husband. Act of 1875, amending article 7, section 1, amended. Aid for widows of Confederate soldiers. Proviso.

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SEC. II. And be it further enacted, That if this amendment shall be agreed to by two-thirds of the members elected to each of the two Houses, the same shall be entered on their Journals, with the yeas and nays taken thereon, and the Governor shall cause said amendment to be published in one or more newspapers, in each congressional district, for two (2) months previous to the next general election, and the same shall be submitted to the people at the next general election, and the legal voters at the next said general election shall have inscribed or printed on their tickets the word Ratification or Non-ratification, as they may choose to vote; and if a majority of the electors qualified to vote for members of the General Assembly voting therein shall vote in favor of ratification, then said amendment shall become a part of said article 7, section 1, paragraph 1, of the Constitution of the State, and the said Act of 1885 amendatory thereof, and the Governor shall make proclamation thereof. Amendment to be submitted to the people. Ballots. Proclamation of result. 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 November 4, 1889. AMENDING THE AMENDED ACT AND AMENDMENTS THERETO, TO CARRY INTO EFFECT THE LAST CLAUSE OF ARTICLE 7, SECTION 1, PARAGRAPH 1 OF THE CONSTITUTION. No. 602. To be entitled an Act to amend an Act entitled an Act to amend an Act, approved October 24, 1887, entitled an Act to carry into effect the last clause of Article 7, Section 1, Paragraph 1, of the Constitution of 1877, and the amendments thereto. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act, approved December 24, 1888, entitled an Act to amend an Act, approved October 24, 1887, entitled an Act to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, and the amendments thereto be, and the same is hereby amended by adding after the words, the 26th day of October, 1886, in the first paragraph of the first section of said Act, the following words, or who being residents of the said State at said time, removed therefrom thereafter, but are now bona fide citizens

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of said State, and by adding to the end of said first section the following: From permanent injuries from wounds, whereby a hand or foot is rendered substantially and essentially useless, twenty-five dollars; Provided, when the wound or disease renders the applicant totally disabled for labor, or helpless, he shall receive one hundred dollars annually, so that the first section of said Act when amended, shall read as follows: That the Act, approved October 24, 1887, entitled an Act to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, as amended by a vote of the people October, 1886, be, and the same is hereby amended, by striking therefrom the first section of said Act, and inserting in lieu thereof the following, to-wit: That any person who enlisted in the military service of the Confederate States, or of this State during the civil war between the States of the United States, who was a bona fide citizen of this State on the 26th of October, 1886, and who continue to be bona fide citizens of this State; or, any Georgian who enlisted from Georgia, or served in a Georgia command, who was living without the State in 1886, but who, for twelve months prior to making his application has been a bona fide citizen of this State, who lost a limb or limbs while engaged in said military service, occasioned by reason of such military service, or who may have then received wounds or injuries which afterwards caused the loss of a limb or limbs, or who may have been permanently injured while in said service, and who may be a bona fide citizen of this State at the time of making application for the benefits herein provided for, shall be entitled to receive once a year after the passage of this Act, the following allowances or pay, for the purposes expressed in article 7, section 1, paragraph 1, (and the amendment thereto) of the Constitution of 1877, to-wit: Article 7, section 1, paragraph 1 amended. Qualification for benefits. For total loss of sight, one hundred and fifty dollars. For total loss of sight of one eye, thirty dollars. For total loss of hearing, thirty dollars. For loss of all of a foot or loss of leg, one hundred dollars. For loss of all of a hand or loss of arm, one hundred dollars. For loss of both hands or both arms, one hundred and fifty dollars. For loss of both feet or both legs, one hundred and fifty dollars. For the loss of one hand or foot and one arm or leg by same person, one hundred and fifty dollars. For permanent injuries from wounds whereby a leg is rendered substantially and essentially useless, fifty dollars. For permanent injuries from wounds whereby an arm is rendered substantially and essentially useless, fifty dollars.

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For the loss of one finger or one toe, five dollars. For the loss of two fingers or two toes, ten dollars. For the loss of three fingers or three toes, fifteen dollars. For the loss of four fingers or four toes, twenty dollars. For the loss of four fingers and thumb or five toes, twenty-five dollars. For other permanent injury from wounds or disease contracted during the service, and while in line of duty as a soldier, whereby the person injured or diseased has been rendered practically incompetent to perform the ordinary manual vocations of life, fifty dollars. For permanent injuries from wounds whereby a hand or foot is rendered substantially and essentially useless, twenty-five dollars. For wounds or disease which renders applicant totally disabled for labor or helpless, one hundred dollars. Provided these changes shall only apply to the payments to be made in 1890 and thereafter. Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved November 11, 1889.

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TITLE IV. CODE AMENDMENTS. Section 97.Method of Registering Georgia Bonds. Section 151.Approval of Bonds. Section 339.Prohibiting the practice of law by Ordinaries in certain cases. Section 359.Terms upon which Jailors can receive United States prisoners. Section 465.When Justices of the Peace may appoint extra constables. Section 493 (c).Building or repairing public bridges. Section 534.Allowing disabled soldiers of the State to peddle or auction without license. Section 549.Bond by County Treasurertime within which to make. Section 683.Penalty for not posting rates of toll at bridges, ferries, turnpikes, etc. Sections 909-910.Defaulting Tax Collectors. Section 920.Procuring agricultural and mechanical statistics by Tax Receivers. Section 943 (a).Selection of State Depositories. Section 1194.Appointment of Trustees of the University of Georgia, and for other purposes. Section 1341-1344.Trustees and officers of State Lunatic Asylum. Section 1366.Repealing Act providing for admission of inebriates into State Lunatic Asylum. Section 1455Qualification of voters to establish a stock law. Section 1465.To furnish Tax Receivers with books or blanks for statistical returns. Section 1465 (g)1465 (b).Providing for election of Commissioner of Agriculture by the people. Section 1466.Making the State Treasurer the examiner of State banks. Section 1553 (d).Reducing fees for Inspection of Fertilizers. Section 1599.Sworn weighersregulating tare on cotton. Section 1788.Adoption of children. Section 1855.Appointment of Guardian or commitment to Lunatic Asylum. Section 1977.Special lien for rent on crops. Section 2783.Making January 19th, birthday of General Lee, a public holiday. Section 2967.To prevent abatement of action in certain cases. Section 3149.Parties necessary to secure a creditor's bill for insolvent firm or corporation. Sections 3393 and 3295.[Illegible Text] of attachments for purchase money. Section 3694.Prescribing [Illegible Text] of Ordinary. Section 3719.Applications for new trial. Section 3732.Tax executionsproceeding for stay of. Sections 3811-3813.Extending its provisions to corporations and require discovery through the officers and agents thereof. Section 3854.Defining competency of witnesses where parties, persons or agents are deceased or insane. Section 3910.Regarding lists of Grand and Traverse Jurors. Section 4057.Writs of certiorari amending Act establishing Board of Pharmaceutical ExaminersAppendix to Code of 1882, pp. 1482, 1483, 1484.

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AMENDING SECTION 97 (A)METHOD OF REGISTERING BONDS OF THIS STATE. No. 675. An Act to alter and amend Section 97 (a) of the Code of Georgia of 1882, so as to provide a different book and method for registering the bonds of this State, and the payment of said bonds and such coupons thereof as may be paid by the Treasurer of the 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 authority of the same, That from and after the passage of this Act section 97 (a) of the Code of 1882 be amended by adding thereto the following: It shall be the duty of the Treasurer of this State to provide suitable books for each series of bonds of this State, which mature on or after January 1, 1890, and that in said book the said Treasurer shall have stamped as paid (as is now done in the coupon book specified in this section) all the coupons which are recorded in the present coupon book as having been paid. Section 97 (a) of the Code amended. Paid coupons. SEC. II. Be it further enacted, That all bonds and coupons of such bonds which shall be paid by the Treasurer on and after January 1, 1890, after having been first cancelled, shall be pasted in said books in the spaces provided in said books according to their respective numbers; and it shall be the duty of the committees of the Legislature, which may hereafter be appointed, to make examinations of the Treasurer's office, as required by section 186 of the Code, to make a memorandum by numbers and dates of all past due bonds and coupons that are outstanding and unpaid, and report the same to the General Assembly, and also to furnish to the Treasurer a copy of such memorandum; and it shall be the duty of the Treasurer to exhibit the same to each successive committee of each Legislature, and such committee shall check the same so as to verify such bonds or coupons as have been paid since the date of the making of said memorandum. Cancelled bonds. SEC. III. Be it further enacted, That from and after the first of January, 1890, the form of coupon book provided for by said section 97 (a) of the Code, shall no longer be used by the Treasurer, but that the facts as to the dates, maturity of the bonds and coupons, the authority under which they were issued, by whom negotiated, or to whom sold, and when so negotiated and sold, shall be, as far

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as practicable, incorporated in the new books to be provided by the Treasurer as herein prescribed; it being the true intent and purpose of this Act to provide and substitute for the bond book provided for in said section 97 (a) of the Code, a style of bond book in which the paid and cancelled bonds and coupons of this State when paid, shall be pasted in such manner that they can, at all times, be referred to and verified, instead of being sealed up and thus inaccessible for inspection and verification without special authority from the General Assembly. From Jan. 1, 1889, all bonds must be entered in new book. In which all paid and cancelled coupons shall be pasted. SEC. IV. Be it further enacted, That all laws in conflict herewith are hereby repealed. Approved November 12, 1889. AMENDING SECTION 151APPROVAL OF BONDS. No. 487. An Act, to amend Section 151 of the Code of 1882, by striking out the word ten where it occurs in said section, and inserting the word twenty in lieu thereof. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, section 151 of the Code of 1882 be amended by striking out of said section the word ten where it occurs in said section and inserting in lieu thereof the word twenty, so that said section as amended will read as follows: Such bonds shall not be approved by the approving officers unless they have at least two good and solvent sureties (who shall be worth the amount of said bond, over and above the homestead, in case of county officers), and not more than twenty, all of whom must be permanent residents of the State, and two also of the county, and [Illegible Text] [Illegible Text] thereof. When said approving officers do not of their own knowledge know that a surety is worth enough to enable them to accept him, they shall not take him unless he swears to his means, and it is satisfactory, of which swearing they shall make a minute on the bond. Amends section 151 of the Code. Qualification of sureties. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889.

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AMENDING SECTION 339PROHIBITING THE PRACTICE OF LAW BY ORDINARIES IN CERTAIN CASES. No. 553. An Act to amend Section 339 of the Code of 1882. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act, that section 339 of the Code of 1882 be amended by inserting after the word jurisdiction, in the last line of said Act or section, the following: Or in any court, or in any manner whatever, in behalf or against any Executor, Administrator, Guardian, Trustee, or other person acting in a representative capacity, whose duty it is to make returns to his Court, except to give such advice and instructions as his duty may require of his as Ordinary, in his own Court, and for which he shall receive only such fees as are prescribed by law. Amends section 339 of the Code. So that said section, when amended, shall read as follows: No Ordinary shall engage, directly or indirectly, in the practice of law in his own or in the name of another, as partner, open or silent, or otherwise, in any cause or proceeding in his own Court, or in another court of which his own Court has, or has had, or may have, jurisdiction; or in any court, or any manner whatever, in behalf of or against any Executor, Administrator, Guardian, Trustee, or other person acting in a representative capacity, whose duty it is to make returns to his Court, except to give such advice or instructions as his duty may require of his as Ordinary in his own Court, and for which he shall receive only such fees as are prescribed by law. No Ordinary can practice law in his own court or other court in behalf or against any Executor or Administrator. 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 November 5, 1889.

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REPEALING SECTION 359 AND PROVIDING TERMS FOR JAILORS RECEIVING PRISONERS COMMITTED UNDER AUTHORITY OF THE UNITED STATES. No. 724. An Act to repeal section 359 of the Code of Georgia, which is in these words: It shall be the duty of the keepers of the several jails within this State, to receive into their respective jails, and safely keep therein, all prisoners committed under the authority of the United States, under the like penalties and subject to the same action as in the case of prisoners committed under the authority of this State. And also to provide how and under what terms the jailors of the jails in the various counties of this State may be at liberty to receive or to decline to receive into their respective jails all prisoners committed under the authority of the United States. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section (359) three hundred and fifty-nine of the Code of 1882, which is in words as follows, to-wit: It shall be duty of the keepers of the several jails within this State to receive into their respective jails, and safely keep therein, all prisoners committed under the authority of the United States, under the like penalties and subject to the same action as in the case of prisoners committed under the authority of this Statc, be, and the same is hereby repealed. Repeals section 359 of the Code. SEC. II. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, no Sheriff or jailor, or keeper of any of the county jails in the various counties of this State, shall be compelled by any authority to receive any prisoner or prisoners from the [Illegible Text] of the authorities of the United States, or from the Marshall or Deputy Marshal of the courts of the United States, or from any other person acting under the authority of the United States; but in all cases where a prisoner or prisoners in the custody of the authorities of the United States may be presented to any Sheriff, jailor or keeper of any jail in the various counties of this State, either for safe keeping or for performing any sentence of any of the Courts of the United States, or for detention as a witness, or for any other purpose whatsoever, the said Sheriff or jailor or keeper of the jail as aforesaid is hereby vested with full power and authority

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to decline to receive such prisoner or prisoners, or to receive such prisoners as the said Sheriff, jailor or keeper of the jail may see fit; but any Sheriff, jailor or keeper of the jails in this State may receive such prisoners with and by the consent of the officer or officers having control of county matters being first had; and in the event said Sheriff, jailor or keeper of the jail does receive such prisoners as aforesaid then the said Sheriff, jailor or keeper of the jail shall be under like penalties, and subject to the same action as in the case of prisoners committed under the authority of this State. Sheriffs and jailors not compelled to receive U. S. prisoners. Can decline to receive them, but are authorized to receive them conditionally. SEC. III. Be it further enacted by the authority of the same, That if any Sheriff, jailor, or keeper of the jails of this State, consents to receive a prisoner or prisoners committed by the authority of the United States into the jail of his county, as provided for in this Act, then neither the Sheriff, jailor, or keeper of such jails, nor the county authorities, shall refuse to receive any prisoner so committed by the authority of the United States, unless twenty days' written notice be previously given by such Sheriff to the United States Marshal, or other officers of the United States charged with the custody of United States prisoners, of his refusal to receive any more prisoners committed by the United States authorities. Must give twenty days' notice to U. S. officials when Sheriff or jailor refuses to receive prisoners. 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 November 12, 1889. AMENDING SECTION 465WHEN JUSTICES OF THE PEACE MAY APPOINT EXTRA CONSTABLES. No. 591. An Act to amend Section 465 of the Code of 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 section four hundred and sixty-five (465) of the Code of 1882, be amended by adding to the last paragraph of said section the words, or when the Constable or Constables of the district are engaged in attendance on the County, City or Superior Courts, or there is manifest injury or delay to the business of the Justices Courts, the Justices of the Peace shall have the power to appoint one or more Constables and discharge the same at discretion, so that the last paragraph of said

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section when so amended shall read: 4. When the Constables of the district are absent temporarily from the district the like power may be exercised, or when the Constable or Constables of the district are engaged in attendance on the County, City or Superior Courts, or there is manifest injury or delay to the business of the Justices Courts, the Justices of the Peace shall have power to appoint one or more Constables and discharge the same at discretion; Provided, That the Constables appointed hereunder shall be required to give the same bond required from the regular Constables, if said special Constables shall be appointed to serve for a period longer than ten days. Amends section 465. Justices may appoint extra constables. 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 November 9, 1889. AMENDING SECTION 493 (C)BUILDING OR REPAIRING PUBLIC BRIDGES. No. 170. An Act to amend Section 493 (c) of the Code of 1882 of this State, by striking the word one from the thirteenth (13th) line of said section, and substituting the word three therefor, so that the proviso of said section, as amended, shall read: Provided, that the requirements of these sections shall not apply to the building or repairing of any public bridge, building, or other work, when the same can be done at a less cost than three hundred (300) dollars; but such officer may have such work of building or repairing done by hiring hands and furnishing materials. Be it enacted by the General Assembly of this State, That from and after the passage of this Act, section 493 (c) of the Code of 1882, which reads as follows: Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with two good and solvent securities, for the faithful performance of the contract, and to indemnify the county for any damages occasioned by failure to perform the same within the prescribed time. Amends section 498 of the Code. And it shall be unlawful to let out any contract for building or repairing any public building, bridge or other public work, unless

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the provisions of these sections are complied with; and any contractor doing, or having done, any work of the kind in any other manner, shall not be entitled to recover any pay therefor; Provied, that the requirements of these sections shall not apply to the building or repairing of any public bridge, building, or other work, when the same can be done at a less cost than one hundred dollars; but such officer may have such work of building or repairing done by hiring hands and furnishing materials, shall be amended by striking the word one in the thirteenth line of said section, and insert in lieu thereof the word three, so that said section, when so amended, shall read as follows: Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with two good and solvent securities, for the faithful performance of the contract, and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. And it shall be unlawful to let out any contract for building or repairing any public building, bridge, or other public work, unless the provisions of these sections are complied with; and any contractor doing, or having done, any work of the kind in any other manner, shall not be entitled to receive any pay therefor. Contractors to give bond. Unlawful to let contracts unless provisions of Act complied with. Provided, That the requirements of these sections shall not apply to the building or repairing of any public bridge, building or other work when the same can be done at a less cost than three hundred dollars, but such officer may have such work of building or repairing done by hiring hands and furnishing materials. Proviso. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 24, 1889. AMENDING SECTION 534ALLOWING DISABLED SOLDIERS OF THIS STATE TO PEDDLE OR AUCTION WITHOUT LICENSE. No. 340. An Act to amend Section 534 of the Code of 1882 in regard to disabled soldiers. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That from and after the

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passage of this Act section 534 of the Code of 1882 be, and the same is hereby amended as follows, to-wit: By inserting in the second line after the word peddle, the words, or auction, so that where said section is amended it will read, It shall be lawful for any disabled soldier of this State to peddle or auction in any county or counties thereof without paying license for the privilege of so doing, and a certificate from the Ordinary of any county stating the fact of his being such disabled soldier shall be sufficient evidence thereof; Provided, That this section shall not authorize peddling ardent spirits, and, provided, also, that the privileges hereby granted shall not be transferred to or used by any other peason. Amends section 534 of the Code. Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889. AMENDING SECTION 549 OF THE REVISED CODEBOND OF COUNTY TREASURER. No. 418. An Act to amend Section 549 of the Revised Code of Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act, section 549 of the Revised Code of Georgia be amended by inserting in the first line 30 days instead of 10 days, so that said section when amended shall read as follows: They shall also, within thirty days from their election or appointment, give a bond payable to the Ordinary of the county, with securities to be by him approved, in a sum which, in his judgment, will be double the amount of the county tax for the ensuing year, receipts from other sources and cash on hand. Amends section 549 of the Code. Time allowed to perfect bond. SEC. II. [Illegible Text] all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved October 22, 1889.

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AMENDING SECTION 683PENALTY FOR NOT POSTING RATES OF TOLL AT BRIDGES, FERRIES, TURNPIKES CAUSEWAYS. No. 670. An Act to amend Section 683 of the 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 from and after the passage of this Act section 683 of the Code of 1882 be, and the same is hereby, amended, by striking out from the fourth line of said section the words with black ground, so that section as amended shall read: Every proprietor of bridges, ferries, turnpikes and causeways, where toll is allowed to be charged, must fix a board in a conspicuous place, as near the same as practicable, on which shall be the various rates of toll; and if such is neglected, he shall be subject to indictment, and on conviction shall be fined not less than fifty dollars for every week he so neglects. Amends section 683 of the Code. Penalty for not posting rates of toll. 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 November 12, 1889. AMENDING SECTION 909 AND REPEALING 910DEFAULTING TAX COLLECTORS. No. 813. An Act to amend Section 909 and repeal Section 910 of the Code of 1882. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 909 of the Code of 1882 be, and the same is hereby amended, by striking out all of said section after the word with in the last line thereof, and inserting the following in lieu thereof: interest at the rate of twenty per cent. per annum on said amount; Provided, that, if upon a final settlement, it should appear that said Collector was entitled to credits, at the time he is required by law to settle, the Comptroller-General may allow the same, and only charge interest at the above rate per cent. upon the

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amount in which the Tax Collector is actually in default, together with all the costs and attorney's fees incurred by reason of the issuance of said execution, so that said section when amended shall read as follows: If any Collector shall fail to settle his accounts with the Comptroller-General in terms of the law, he shall issue execution against him and his sureties for the principal amount, with interest, at the rate of twenty per cent. per annum on said amount; Provided, that if, upon a final settlement, it should appear that said Collector was entitled to credits at the time he is required by law to settle, the Comptroller-General may allow the same, and charge interest at the rate per cent. above mentioned, only on the amount in which the Collector is in default, together with all the costs and attorney's fees, incurred by reason of the issuance of said execution. Amends section 909 of the Code. Comp.-Gen'l. shall issue executions against sureties and principal. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That section 910 of the Code of 1882 in relation to the penalty against Tax Collectors is hereby repealed. Repeals section 910 of the Code. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved November 13, 1889. AMENDING ITEM 12 OF SECTION 920PROCURING AGRICULTURAL AND MECHANICAL STATISTICS BY TAX RECEIVERS. No. 492. An Act to amend Item 12 of Section 920 of the Code of 1882, by inserting after the word oath, in the fourth line, the words in [Illegible Text] to the blanks furnished said Receiver by the Commissioner of Agriculture, 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 item 12 of section 920 of the Code of 1882 be, and the same is hereby amended, by inserting after the word oath, in the fourth line, the words in conformity with the blanks furnished said Receiver by the Commissioner of Agriculture, so that said item thus amended shall read as follows: It shall be the duty of the Receiver of Tax Returns, or the person acting as such, in each county

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in this State, by the fifteenth day of July in each year, to obtain from every tax-payer in his county a statement under oath, in conformity to the blanks furnished said Receiver by the Commissioner of Agriculture, of the acreage planted by him or her in the different crops grown in the county; also, the products of any manufactories in which he or she may be interested, and other statistics, agricultural and mechanical, which may be valuable as showing the material resources of the State, the acreage planted to be taken from the current year, and the productions for the preceding year. Said statement shall be obligatory upon him. Amends item 12, section 920 of the Code. Tax Receivers must obtain from every tax-payer statement of acreage planted. Products of manufactories. Other statistics. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. AMENDING SECTION 943 (A) OF THE CODESELECTION OF STATE DEPOSITORIES. No. 414. An Act to amend Section 943 (a) of the Code of the State of Georgia of 1882, providing for the selection by the Governor of Georgia of banks in certain cities therein named to be known as and designated as State Depositories, so as to add to the cities named in said section the cities of Valdosta, Milledgeville, Darien, Dawson and Cordele, 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 cities of Valdosta, Milledgeville, Darien, Dawson and Cordele be added to the list of cities named in said above described section 943 (a) of the Code of 1882, so that said section as amended shall read as follows: The Governor of the State of Georgia shall name and appoint a solvent chartered bank of good standing and credit in each of the following cities of this State, to-wit: In the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin, LaGrange, Thomasville, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, Dawson and Cordele, which shall be known and designated as State depositories. Amends section 493 (a) of the Code.

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SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 19, 1889. AMENDING SECTION 1194PROVIDING FOR THE APPOINTMENT OF TRUSTEES OF THE UNIVERSITY OF GEORGIACOMPENSATION OF TRUSTEES. No. 526. An Act to amend an Act entitled an Act to provide for the appointment of Trustees of the University of Georgia by the Governor; to reduce the number of the same; to fix compensation for service; to repeal Section 1194 of the Code; providing for four Trustees from the State Agricultural Society, and for other purposes. SECTION I. Be it enacted, That section 7 of said Act, of which this is amendatory, relative to the compensation and expenses of the members of the Board of Trustees be, and the same is hereby repealed, and in lieu thereof the following shall be inserted as a part of said Act: Repeals section 7. Be it further enacted, That the members of the Board shall each receive, for the payment of expenses actually incurred by them, the sum of four dollars for each day of actual attendance at the meetings thereof, and mileage in actual fare to and from the place of meeting by the nearest practicable route from their respective homes, said expenses and mileage to be paid by the State Treasurer out of the funds of the State, by Executive warrant, on presentation of vouchers of the members, approved by the Chairman and signed by the Secretary of the Board. The members of said Board shall receive no emolument or compensation for their services as such members. Compensation for Board of Trustees. How paid. SEC. II. Be it further enacted, That the title to said original Act be, and the same is hereby so amended, as to strike from the same the words, to fix compensation for services, and to insert, in lieu thereof, the following words: to provide for the payment of the actual expenses of said Trustees. Amends original Act. SEC. III. Be it further enacted, That section two of the said original Act be amended by striking out the words and confirmed

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by the Senate, in fifth and sixth lines; and, further, by inserting between 1889 and four in seventh line, the words, and thereafter confirmed by the Senate, so that the sentence, as amended, shall read: The first appointments made under this Act shall be made by the Governor, before the first day of September, 1889, and confirmed by the Senate; four of them, etc., etc., as in original bill. First appointments. How made. SEC. IV. Be it further enacted, That the words, the Board of Directors of the Technological School, occurring in the first section of the original Act, of which this is amendatory, be stricken out, and, in their stead, the words, the Local Board of Trustees of the Technological School be inserted. Local Board of Trustees Technological School. 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 November 4, 1889. AMENDING SECTION 1194APPOINTMENT OF TRUSTEES FOR THE UNIVERSITY OF GEORGIA. No. 222. An Act to provide for the appointment of Trustees of the University of Georgia by the Governor; to reduce the number of the same; to fix compensation for service; to repeal Section 1194 of the Code; providing for four Trustees from the State Agricultural Society, and for other purposes. SECTION I. Be it enacted, That from and after the passage of this Act the Board of Trustees of the University of Georgia shall be composed of one member from each Congressional District of the State, four from the State at large, two from the city of Athens and the Chairman ex-officio of the Board of Directors of the Technological School, all of whom, except the latter, shall be appointed by the Governor and confirmed by the Senate, under the rules governing the appointment and confirmation of other officers of this State required by law to be confirmed by the Senate. Board of Trustees of University of Georgia. How appointed. SEC. II. Be it further enacted, That the term of office of said Trustees shall be eight years and until their successors are appointed, confirmed and qualified. The first appointments under this Act shall be made by the Governor (and confirmed by the Senate) before the first day of September, 1889, and thereafter confirmed by the

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Senate; four of them shall be appointed for two years, four for four years, and four for six years, and four for eight years, and as the first terms of these appointees expire their successors shall be appointed and confirmed biennially thereafter for a full term of eight years. It is the intention of this Act to provide for the appointment of two Trustees from the city of Athens, exclusive of one from the Congressional District in which said city may be located, and in the appointments first made under this Act each one of the three Trustees thus alloted this district shall be appointed respectively, one to each of the three short terms above provided for. Of the four Trustees first appointed from the State at large, one shall be named for each of the periods above mentionedtwo, four, six and eight yearsand their successors shall be appointed for a full term of eight years. Term of office. Their successors. Athens Trustees. SEC. III. Be it further enacted, That persons to be eligible to the office of Trustee shall be citizens of this State; shall be residents of the districts from which they are appointed; shall be at least twenty-five years of age, and shall not be Trustee of any other male college or university, excluding branch colleges of the university, and high schools or academics, and shall be chosen with special reference and fitness for and capacity to exercise the duties of the office of Trustee. The Governor shall be ex-officio a member of the Board of Trustees, and shall attend its meetings when possible, and shall be entitled to all the privileges of membership in the Board. Eligible to the office of Trustee. The Governor ex-officio member. SEC. IV. Be it further enacted, That in case of the death or resignation of any member of the Board, the Governor shall fill such unexpired term in the same manner as above provided for, such appointment to be confirmed by the Senate at its next session after the same is made. To fill vacancies. SEC. V. Be it further enacted, That the Board of Trustees, as above provided for, shall meet in the city of Athens at twelve o'clock on the third Wednesday of September next, and shall elect one of their number as [Illegible Text] officer, who shall be called the Chairman of the Board of Trustees. Thereafter they may meet subject to their own order, but they must assemble in annual session in the city of Athens on the Thursday preceding the Sunday of the commencements of the University. They may establish such rules and regulations for their own direction as they deem proper, and may fix the terms of the office of their Chairman and Secretary; and they are hereby vested with all the powers, privileges and rights invested in the present Board of Trustees, and are hereby charged with all the duties, obligations and responsibilities now incumbent on the same. Chairman. Annual meetings. Rules and regulations.

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The existence of the present Board shall expire with the qualification and organization of the Board provided for in this Act. Present Board. SEC. VI. Be it further enacted, That the office of any member of the Board of Trustees shall be vacated if he neglects to furnish good and satisfactory excuse, in writing to the Board for absence from two successive meetings thereof; and if any member, for any cause, fails to attend three successive meetings of the Board, his office shall be deelared vacant by the Board, and the Secretary shall in either event notify the Governor of a vacaney in the Board, and the Governor shall fill the same as above provided for. Office of members declared vacant for failure to attend three successive meetings. SEC. VII. Be it further enacted, That the members of the Board shall receive as their compensation the sum of four dollars for each day of actual attendance at the meetings thereof, and mileage in actual fare to and from the place of meeting by the nearest practicable route from their homes, said per diem and mileage to be paid by the State Treasurer out of the funds of the State, on presentation of vouchers of the members, approved by the Chairman and signed by the Sectetary of the Board; Provided, that the per diem of said Trustees shall not be paid for any longer period than ten days in one year. Compensation of members. How paid. Proviso. SEC. VIII. Be it further enacted, That the Board of Trustees shall submit to the General Assembly, through the Governor, biennial reports of their transactions, together with such information as is necessary to show the condition of the University, and with such suggestions as it may think conducive to the good of the University and the cause of education in the State. Biennial reports made to the Governor. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 23, 1889. AMENDING SECTIONS 1341 AND 1344TRUSTEES AND OFFICERS STATE LUNATIC ASYLUM. No. 700. An Act to alter and amend Sections 1341 and 1344 of the Code of 1882. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that section 1341 of the Code of Georgia be amended by striking out the word

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is in the third line, and inserting instead the words shall be; and also, by striking the word five in the third line, and inserting the word ten; and also, by adding to said section the words no two of whom shall reside in the same county; so that when amended, section 1341 will read: The State Lunatic Asylum at Midway, near Milledgeville, is solely the property of the State, and shall be under the management of ten Trustees, one of whom shall be a competent physician, and no two of whom shall reside in the same county. Amends section 1341 of the Code. Trustees Lunatic Asylum. SEC. II. Be it further enacted, That section 1344, paragraph 2, be amended by inserting after the word appoint, in the first line, the word annually, so that said paragraph, when amended, shall read: To appoint annually all the officers; point out their duties and fix their salaries. The salary of said Trustees shall not exceed one hundred and fifty dollars each per annum, and actual railroad fare going to and returning from Milledgeville. Amends section 1344. Officers appointed annually. Salary. 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. Approyed November 12, 1889. REPEALING SECTION 1366PROVIDING FOR ADMISSION OF INEBRIATES INTO THE STATE LUNATIC ASYLUM. 701. An Act to repeal section thirteen hundred and sixty-six (1366) of the Code of 1882, which provides for the admission of inebriates into the State Lunatic Asylum, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, section thirteen hundred and sixty-six of the Code of 1882, which is as follows: When by a provision of this Code, elsewhere made, a person is declared an inebriate and incapable of managing his property, such person, by his own consent, if capable, and if incapable, by the consent of his nearest relation, or where a person is not so declared, but has the certificate of three physicians, and is himself willing, such person may be received into said asylum, allowed the use of apartments devoted to him, or such as are suitable, and to be treated as a patient thereof, be and the same is hereby repealed. Repeals section 1366 of the Code. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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AMENDING SECTION 1455QUALIFICATION OF VOTERS TO ESTABLISH A STOCK LAW. No. 740. An Act to alter and amend Section 1455 of the Code of Georgia of 1882, so as to prescribe the qualifications of voters in the several militia districts of the counties of this State, at any elections held in said districts for the purpose of establishing a stock law for said district, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section 1455 of the Code of Georgia, published in 1882, be amended by adding after the words in said district, in the forty-fifth line of said section, the following language, to-wit: At which election all persons who are qualified to vote for members of the General Assembly, and who have been bona fide residents of said district for ninety (90) days immediately preceding said election, shall be qualified to vote. So that said section, when amended, shall read as follows: Amends section 1455 of the Code. Qualification of voters. The foregoing provisions of sections 1449, 1450, 1451, 1453 and 1454 shall become operative in any county in this State upon the following terms and conditions: Whenever so many as fifty freeholders in any county in this State shall petition the Ordinary of any county for the benefit of the provisions of said sections, said Ordinary shall at once make known throughout said county by advertisement in the public gazette, if there be one published in said county, and by notices at all election precinets and public places therein, that such petition has been filed in his office, such notices to be published twenty days. If a counter petition of freeholders is filed amounting to fifty persons, then the Ordinary shall proceed no further. If such petition of freeholders is not met by such counter petition, or, if met by such counter petition, is supported by a petition of so many as twenty-five additional freeholders, then the Ordinary aforesaid shall at once proceed to have an election held in such county at such time as said Ordinary shall appoint, in which the question shall be submitted to the lawful voters of said county of Fence or No Fence, said election to be held at the court ground in each militia district and under the same rules and regulations as provided for members of the General Assembly, and after

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thirty days' notice at the most public places in said county; Provided, That no person shall be allowed to vote at said election except in the militia district in which he resides. The returns of said election shall be made to the Ordinary of said county, and after examining the same and deciding upon all questions which may arise out of said election, he shall proclaim the result by notice as aforesaid. If the lawful majority in said election is for no fence then the provisions of said six sections shall take effect in such county within six months thereafter. Steps necessary to secure an election for a stock law. Counter petition. How the election is held. Proviso. The Ordinary to declare the result. The provisions of sections 1449, 1450, 1451, 1452, 1953 and 1454 of the Revised Code of Georgia shall become operative in any Militia District of this State upon the following terms and conditions: Whenever so many as fifteen freeholders, or a majority of freeholders in any Militia District of this State shall petition the Ordinary of any county in which said district is located for the benefit of the provisions of said foregoing sections, said Ordinary shall give notice of said petition by advertising the same in the public gazette, if there be one published in said county, and by public notices at all election precincts and public places in said district, which said notices shall be published for twenty days; and said Ordinary shall at once proceed to have an election held in said Militia District at as early a day as practicable, to be designated by him, after said notices have been given, in which the question shall be submitted to the lawful voters of said district in the following form, to-wit: For Fence, or Stock Law; said election to be held at the places and under the same rules and regulations as are provided for members of the General Assembly, and after fifteen days' notice at the most public places in said district; at which election all persons who are qualified to vote for members of the General Assembly, and who have been bona fide residents of said district for ninety (90) days immediately preceding said election, shall be qualified to vote. [Illegible Text] returns of said elections shall be made to the Ordinary of said [Illegible Text] who, after examining the same and deciding upon all questions which may arise out of said election, shall proclaim the result by notice as aforesaid. If the lawful majority in said elections is for stock law, then the provisions of said six sections shall take effect in such militia district within six months thereafter; Provided, that said last election shall not be held oftener than one time in every year. When section 1449, 1450, 1451, 1452, 1453 and 1454 shall become operative. How advertised. Ballots. Qualified voters. Ordinary to proclaim the result. Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved November 12, 1889.

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AMENDING SECTION 1465 (H)FURNISHING TAX RECEIVERS WITH BOOKS OR BLANKS FOR STATISTICAL RETURNS. No. 493. An Act to amend Section 1465 (h) of the Code of 1882, by inserting after the word State, in the second line, the words through the Comptroller-General; by striking out the word his, in the fifth line, and inserting the words said Commissioner; by inserting after the word returns, in the sixth line, the words shall be; by inserting after the word Commissioner, in the sixth line, the words through the Comptroller-General; by adding at the close of said section the words the Commissioner of Agriculture shall carefully tabulate said returns and present them in detail in his biennial reports, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1465 (h) of the Code of 1882 be, and the same is hereby amended, by inserting after the word State, in the second line, the words through the Comptroller-General; by striking out the word his, in the fifth line, and inserting the words said Commissioners; by inserting after the word returns, in the sixth line, the words shall be; by inserting after the word Commissioner, in the sixth line, the words through the Comptroller-General; by adding at the close of the section the words the Commissioner of Agriculture shall carefully tabulate said returns and present them in detail in his biennial report, so that said section, thus amended, shall read as follows: It shall be the duty of the Commissioner of Agriculture of this State, through the Comptroller-General, to furnish the Tax Receivers of the several counties with the necessary books or blanks for taking the returns provided for in item 12 of section 920; and the duties required in said item shall be performed under the Commissioner's instructions; and said returns shall be forwarded to the Commissioner, through the Comptroller-General, on or before the first day of August in each year. The Commissioner of Agriculture shall carefully tabulate said returns and present them in detail in his biennial report. Amends section 1465 (h) of the Code. To furnish Tax Receivers with books for statistical returns. Com. of Agriculture to tabulate returns. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889.

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AMENDING SECTION 1465 (G), 1465 (B)PROVIDING FOR THE ELECTION OF COMMISSIONER OF AGRICULTURE BY THE PEOPLE. No. 289. An Act to amend an Act entitled an Act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874, so as to strike out and repeal Section 7 of the above recited Act, embodied in the Code of 1882 as Section 1465 (g), and amend Section 2 of the above recited Act, embodied in the Code of 1882 as Section 1465 (b), so as to provide for the election of the Commissioner of Agriculture by the people; fix his qualifications and term of office, and for other purposes. SECTION I. It is enacted by the General Assembly of Georgia, That section 7 of the above recited Act, and known as section 1465 (g) of the Code of 1882, which is as follows: That the office of said Commissioner shall continue for four years from the date of his appointment, and he shall perform the duties of the same for said length of time unless removed in the manner now prescribed by law for the removal of officers of the State Government be, and the same is hereby repealed. Repeals section 1465 (g) of the Code. SEC. II. It is further enacted by the authority aforesaid, That section second of the above recited Act embodied in the Code of 1882, as section 1465 (b) be, and the same is hereby amended, by striking out the words: He shall be appointed by the Governor by and with the advice and consent of the Senate, and inserting in lieu thereof the following: Said Commissioner of Agriculture shall be a practical farmer, and shall be elected by persons qualified to vote for members of the General Assembly, at the same time, in the same manner and under the same rules and regulations as the Governor and State House officers are elected, and shall hold his office for two years and until his successor is elected and qualified, unless removed in the manner now prescribed by law for the removal of officers of the State government. In case of a vacancy in the office of Commissioner of Agriculture from death, resignation, or other cause, such vacancy shall be filled by appointment by the Governor, which appointee shall hold the office until his successor is elected and qualified, and by adding to said section the following: The first election under this Act shall occur at the next election for Governor and State House officers, and the term of office of the

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person so elected shall begin when the term of the present Governor of this State expires, at which time the term of the present Commissioner of Agriculture shall expire, so that said section 1465 (b) when amended, shall read as follows: That said department shall be under the control and management of one officer, who shall be known as the Commissioner of Agriculture. Said Commissioner of Agriculture shall be a practical farmer, and shall be elected by persons qualified to vote for members of the General Assembly, at the same time, in the same manner and under the same rules and regulations as the Governor and State House officers are elected, and shall hold his office for two years and until his successor is elected and qualified, unless removed in the manner now prescribed by law for the removal of officers of the State government. In case of a vacancy in the office of Commissioner of Agriculture from death, resignation, or other cause, such vacancy shall be filled by appointment by the Governor, which appointee shall hold the office until his successor is elected and qualified. Said Commissioner shall be allowed one clerk, to be chosen by himself, to assist the Commissioner in the discharge of the clerical duties of his office. The office of said Commissioner shall be held at the capital of the State, and an office and furniture necessary for the transaction of the duties of his office shall be furnished him by the Executive of this State. The first election under this Act shall occur at the next election for Governor and State House officers, and the term of office of the person elected shall begin when the term of office of the present Governor of this State expires, at which time the term of the present Commissioner of Agriculture shall expire. Amends section 1465 (b) of the Code. Com. of Agriculture. How elected. Term of office. Vacancy filled by the Governor. Clerk. Office furnished by the State. First election. SEC. III. It is further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 17, 1889.

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AMENDING SECTION 1466MAKING THE STATE TREASURER THE EXAMINER OF STATE BANKS. No. 737. An Act to repeal Section 1466 of the Revised Code of 1882; to establish the office of Examiner of State Banks; to prescribe the duties and oath of such officer, and the duty of bank officers; fix the bond and salary of such officer, and provide for the payment of the same; to prescribe the duties of the Treasurer of the State of Georgia in publishing the report of such officer; to authorize the Governor to publish any special report of the Examiner of State Banks, and for other purposes. SECTION I. Be it enacted by the General Assembly, That section 1466 of the Revised Code of 1882, which requires the Governor to advertise a call upon every banking institution in this State to make returns, under oath of their presidents and cashiers, of their respective conditions, be, and the same is hereby repealed. Repeals section 1466 of the Code. SEC. II. Be it further enacted, That the office of Examiner of State Banks is hereby created. The Examiner of State Banks shall be the Treasurer of the State, and said officer shall hold the office of Examiner of State Banks during his term of office as Treasurer, and until his successor is elected and qualified. Office of Examiner of State Banks created. SEC. III. Be it further enacted, That the Examiner of State Banks shall visit every bank or corporation chartered by the laws of this State and doing a banking business, at least twice in each year. He shall not visit any bank or corporation chartered by laws of this State and doing a banking business, at stated times, nor shall be permit any one to know at what time he will visit such banks or corporations. He shall carefully examine into the affairs of every bank or corporation chartered by laws of this State and doing a banking business, and make a report immediately to the Governor. He shall cover in said report all the subject-matter that the law now requires banks to report upon, and on such other subjects as he may deem advisable, or that may be required of him by the Governor. In addition to the visits by the Examiner of State Banks to every State bank or corporation chartered by laws of this State and doing a banking business in this State, he may visit any bank or corporation chartered by laws of this State and doing a banking business at any time when, in his opinion, the public interest requires such visit. And the Examiner of State Banks shall also have the right to demand of any State bank or corporation,

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chartered by laws of this State and doing a banking business, a statement of its affairs at the close of any past day's business. And it shall be the duty of the President and Cashier of such bank or corporation to make out and forward to the Examiner of State Banks such statement within twenty-four hours after receiving such call, and they shall make oath that the same is correct. The Examiner of State Banks shall be paid the salary of twelve hundred dollars per annum and actual necessary traveling expenses. His salary shall be paid quarterly, and the salary and traveling expenses shall be raised in the following manner: The Comptroller-General shall assess twelve hundred dollars, to be paid by the banks or corporations chartered by laws of this State and doing a banking business, each bank or corporation to pay in proportion to its capital. He shall call upon every such bank and corporation quarterly for its proportion of said amount, and if any such bank or corporation fails to pay within ten days after such call, the Comptroller-General shall issue execution for the amount due by such defaulting bank or corporation, which shall be enforced as executions are enforced against defaulting Tax Collectors. The traveling expenses of the Examiner of State Banks shall be audited by the Comptroller-General, and the expenses of the two visits required in each year shall be assessed against all the banks of this State or corporations doing a banking business and chartered by the laws of the State, as is required for the payment of the salary and collected in the same manner, and the traveling expenses shall be due when his semi-annual visit to all the banks has been completed. The expense of special visits shall be paid by the bank or banks visited, to be apportioned by the Comptroller-General, in case more than one bank is visited, and collected in the manner herein above set out. The salary and expense account, when collected, shall be paid by the Comptroller-General to the Examiner of State Banks. To visit all State Banks twice a year. But not at stated times. Reports to the Governor. Special visits. His authority Salary. How paid. Traveling expenses. Expense of special visits. SEC. IV. Be it further enacted, That the Examiner of State Banks shall make, from his reports during the year, an annual report, which shall be published by the Treasurer as a part of his annual report to the Governor. The Treasurer shall also procure a well bound book in which, as State Bank Examiner, he shall record such report made to the Governor, and also his annual report; which book shall remain in the office of the Treasurer and be subject at all times to the inspection of the public. Annual reports. Filed in Treasurer's office. SEC. V. Be it further enacted, If any report of the Examiner of State Banks is deemed of sufficient importance to the public by the Governor, he may require the same published one time in one or more of the leading daily papers of this State. Reports may be published.

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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 November 12, 1889. AMENDING SECTION 1553 (D)FEES FOR INSPECTION OF FERTILIZERS. No. 661. An Act to amend an Act, approved February 26, 1877, entitled an Act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the law in relation to the inspection, analysis and sale of the same, by striking out the word fifty, in the third line of Section 4 of said Act, and inserting in lieu thereof the word ten. 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 four (4), of an Act approved February 26, 1877, entitled an Act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the law in relation to the inspection, analysis and sale of the same, be amended by striking out the word fifty, in the third line of section four (4) of said Act, and inserting in lieu thereof the word ten. So that said section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That the fees for inspecting fertilizers and chemicals shall be uniformly ten cents per ton, which fees shall be paid by the manufacturer, agent or dealer procuring the inspection. Reducing the fees for inspection of fertilizers from fifty to ten cents per ton. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this [Illegible Text] be, and the same are hereby repealed. Approved November 12, 1889.

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AMENDING SECTION 1599REGARDING SWORN WEIGHERS AND REGULATING TARE ON COTTON, AND FOR OTHER PURPOSES. No. 643. An Act to amend Section 1599 of the Code of 1882, which requires weighers of cotton, rice and other produce to be sworn, and prescribes their duties, by adding thereto a proviso declaring what tare, if any, may be allowed by the weigher for the bagging and fastenings on any bale, bag or package of cotton when it is weighed, 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 section 1599 of the Code of 1882 shall be amended by adding thereto the following proviso: Provided, That if the weigher, with the consent of the seller or his agent, makes a deduction from the gross weight of any bale, bag or package of cotton because of the bagging and fastenings on said bale, bag or package, the deduction shall be not more than twenty-four (24) pounds, if it is covered with jute bagging, and not more than sixteen (16) pounds, if it is covered with cotton bagging, except in the case of any bale, bag or package of cotton not fastened with iron ties, nor with ropes, in which case the deduction shall be not more than ten (10) pounds if it is covered with jute bagging, or not more than five (5) pounds if it is covered with cotton bagging, so that said section when amended shall read as follows: It shall not be lawful for any scalesman, salesman or other person, in any of the cities, towns or villages of this State, to weigh any bale, bag or package of cotton, tierce or half tierce of rice, or any other article of produce disposed of by weight, without first taking and subscribing an oath before some person authorized by law to administer it, that he will justly, impartially, and without deduction, weigh all such cotton and all other articles of produce disposed of by weight that may be shown to him for that purpose, and tender a true account thereof to the party or parties concerned, if so required. Amends section 1599 of the Code. Scalesmen or weighers of cotton or any other produce must be sworn. The weigher may nevertheless make such deduction for wet, or other cause as may be reasonable, when the seller or his agent shall thereto consent. Provided, That if the weigher, with the consent of the seller or his agent, makes a deduction from the gross weight of any bale, bag or package of cotton because of the bagging and

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fastenings on said bale, bag or package the deduction shall be not more than twenty-four (24) pounds if it is covered with jute bagging, and not more than sixteen (16) pounds if it is covered with cotton bagging, except in the case of any bale, bag or package of cotton not fastened with iron ties nor with ropes, in which case the deduction shall be not more than ten (10) pounds if it is covered with jute bagging, and not more than five (5) pounds if it is covered with cotton bagging. And in every case in which a deduction is made from the gross weight of any bale, bag or package of cotton, because of the bagging and fastenings on said bale, bag, or package, the weigher, in tendering a true account thereof to the party or parties concerned, shall state the gross weight of each bale, bag or package, and also the number of pounds deducted for bagging and fastenings, and the net weight. May make deduction for wet. Proviso. Tare allowed for jute and cotton bagging. SEC. II. Be it further enacted, That the provisions of this Act shall go into effect on the first day of January, 1890. In effect January, 1, 1890. 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 November 11, 1889. AMENDING SECTION 1788ADOPTION OF CHILDREN. No. 703. An Act to amend Section 1788 of the Code of 1882, by inserting after the word application, in the tenth line, the following: which notice may be by publication, as required in equity cases for non-resident defendants; Provided, the father or mother, as the case may be, has abandoned the child. SECTION I. Be it enacted by the General Assembly of Georgia, That from and [Illegible Text] the passage of this Act, that section 1788 of the Code of 1882 be, and the same is hereby amended, by inserting after the word application, in the tenth line, the following: which notice may be by publication, as required in equity cases for non-resident defendants; Provided, the father or mother, as the case may be, has abandoned the child, so that said section, when amended, shall read as follows: Amends section 1788 of the Code. Any person desirous of adopting a child, so as to render it capable of inheriting his estate, may present a like petition to the Superior Court, setting forth as an additional fact, the name of the father, or, if he be dead or has abandoned his family, the mother,

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and the consent of such father or mother to this act of adoption; and if the child has neither father nor mother, then the consent of no person shall be necessary to said adoption. It shall be the duty of the Court, upon being satisfied of the truth of the facts stated in the petition, and of the fact that such father or mother has notice of such application, which notice may be by publication, as required in equity cases for non-resident defendants; Provided, The father or mother, as the case may be, has abandoned the child, and being further satisfied that such adoption will be to the interest of the child, to pass an order declaring said child to be the adopted child of such person and capable of inheriting his estate, and also what shall be the name of such child; and thenceforward the relation between such person and the adopted child shall be, as to their legal rights and liabilities, the same as if the relation of parent and child existed between them, except that the adopted father shall never inherit from the child; but to all other persons the adopted child shall stand related as if no such act of adoption had been taken. Mode of adopting children. 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 November 12, 1889. AMENDING SECTION 1855PROVIDING FOR APPOINTMENT OF GUARDIAN OR COMMITMENT TO LUNATIC ASYLUM. No. 649. An Act to amend Section 1855 of the Code, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and by the authority aforesaid, That from and after the passage of this Act, section 1855 of the Code be amended as follows: By striking out the words a Justice of the Peace, in the next to the last line of said section, and inserting in lieu thereof the words: Any officer authorized by the laws of this State to administer an oath, and when so amended shall read as follows, to-wit: Upon the petition of any person, on oath, setting forth that another is liable to have a guardian appointed under the provisions of this Act (or is subject to be committed to the Lunatic Asylum of this State), the Ordinary, upon proof that ten days' notice of such

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application has been given to the three nearest adult relatives of such person, or that there is no such relatives within this State, shall issue a commission directed to any eighteen discreet and proper persons, one of whom shall be a physician, requiring any twelve of them, including the physician, to examine by inspection the person for whom guardianship (or commitment to the Asylum) is sought, and to hear and examine witnesses, on oath, if necessary, as to his condition and capacity to manage his estate, and to make return of such examination and inquiry to the said Ordinary, specifying in such return under which such classes they find said person to come; such commission shall be sworn by any officer of this State authorized by the laws of this State to administer an oath, well and truly to execute said commission to the best of their skill and ability, which oath shall be returned with their verdict. Amends section 1855 of the Code. To have guardian appointed or subject committed to Lunatic Asylum. 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 November 11, 1889. AMENDING SECTION 1977SPECIAL LIEN FOR RENT ON CROPS. No. 416. An Act to amend Section 1977 of the Code of 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 section 1977 of the Code of 1882 be, and the same is hereby amended, by inserting after the word property, in the [Illegible Text] line of said section, the words or when other legal process, not in favor of the landlord nor controlled by him, nor levied at his instance or procurement, is being enforced against said crops. So that said section, when amended, shall read as follows: Landlords shall have a special lien for rent on crops made on land rented from them superior to all other liens, except liens for taxes, to which they shall be inferior; and shall also have a general lien on the property of the debtor, liable to levy and sale, and such general lien shall date from the time of the levy of a distress warrant to enforce the same. Such general lien of landlords shall be inferior to liens for taxes and the general and special lien of laborers, but shall rank with other liens, and with

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each other, according to date, the date being from the time of levying a distress warrant as aforesaid. The special liens of landlords for rent shall date from the maturity of the crops on the lands rented, unless otherwise agreed on, but shall not be enforced by distress warrants until said rent is due, unless the tenant is removing his property, or when other legal process is being enforced against said crops, when the landlords may, as provided elsewhere in this Code, enforce said liens, both general and special. Amends section 1977 of the Code. Landlords have special liens on crops. Date of lien. SEC. II. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 22, 1889. AMENDING SECTIONS 2783 AND 2783 (A), MAKING JANUARY 19 A PUBLIC HOLIDAY. No. 322. An Act to amend Sections 2783 and 2783 (a) of the Code, so as to include among the public holidays the 19th day of January, known as Lee's birthday, and for other purposes connected there-with. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act, the nineteenth day of January in each year shall be a public holiday. January 19 a public holiday. SEC. II. Be it further enacted, That section 2783 of the Code be, and it is hereby amended, so that it shall read, The following days, viz: The first of January, commonly called New Year's Day; the nineteenth day of January, known as Lee's birthday; the twenty-second day of February, known as Washington's birthday; the twenty-sixth day of April, known as Decoration Day; the fourth day of July, called Independence Day; the twenty-fifth day of December, known as Christmas day; and any day appointed or recommended by the Governor of the State, or the President of the United States, or any municipal authority, as a day of thanks-giving, or fasting and prayer, or other religious observances, shall for all purposes whatsoever, as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes made after February 23, 1875, be treated and considered as the first day

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of the week, commonly called Sunday, and as public holidays; and all such bills, checks and notes, otherwise presentable for acceptance or payment on said days, shall be deemed to be presentable for acceptance or payment on the secular or business day next preceding such holidays. Amends section 2783 of the Code. SEC. III. Be it further enacted, That section 2783 (a) of the Code be, and it is hereby amended, so that it shall read, When ever the first day of January, the nineteenth day of January, the twenty-second day of February, the twenty-sixth day of April, the fourth day of July, or the twenty-fifth day of December shall fall upon Sunday, the Monday next following shall be deemed a public holiday, and papers due on such Sunday shall be payable on the Saturday next preceding, and papers which would otherwise be payable on said Monday shall be payable on the Tuesday next thereafter. Whenever either of the days shall fall on Saturday, the papers due on the Sunday following shall be payable on the above named Monday next succeeding. Whenever either of said days shall fall on Monday, the papers which would otherwise be payable on that day shall be payable on the Tuesday next succeeding. Amends section 2783 (a) of the Code. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved September 28, 1889. AMENDING SECTION 2967TO PREVENT ABATEMENT OF ACTION IN CERTAIN CASES. No. 735. An Act to amend Section 2967 of the Code of Georgia, so as to prevent abatement of actions ex delicto in certain cases, where either of the parties [Illegible Text] die pendente lite. 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 2967 of the Code of Georgia, which provides that no action for a tort shall abate by the death of either party where the wrong-doer received any benefit from the tort complained of, be amended by adding thereto the words following: Nor shall any action for the recovery of damages for homicide, injury to person or injury to property abate by the death of either party; but such cause of action in the case of the death of the plaintiff shall, in the event there is no right of survivorship in any other person, survive to

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the personal representative of the deceased plaintiff; and in case of the death of the defendant shall survive against said defendant's personal representative, so that said section when amended shall read as follows: No action for a tort shall abate by the death of either party where the wrong-doer received any benefit from the tort complained of; nor shall any action of tort for the recovery of damages for homicide, injury to person or injury to property abate by the death of either party; but such cause of action in case of the death of the plaintiff, shall, in the event there is no right of survivorship in any other person survive to the personal representative of the deceased plaintiff, and in case of the death of the defendant, shall survive against said defendant's personal representative. Amends section 2967 of the Code. No action for a tort shall abate by death of either party. 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 November 12, 1889. AMENDING SECTION 3149 (A)TO SECURE A CREDITORS BILL FOR INSOLVENT FIRM OR CORPORATION. No. 721. An Act to amend Section 3149 (a) of the Revised Code of 1882, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 3149 (a), which provides for the appointment of a receiver for the assets of an insolvent trader or firm of traders, be amended as follows: Strike out the following words, one or more of the creditors who have matured debts, and insert in lien thereof the following: At least three unsecured creditors, or creditors representing one-third in amount of the unsecured debts of such insolvent corporation, trader or firm of traders, whose debts are matured, so that said section, when amended, small read as follows: In case any corporation not municipal, or any trader or firm of traders, shall fail to pay at maturity any one or more matured debts, payment of which has been properly demanded of such debtor and by him refused, and shall be insolvent, it shall be in the power of the court of equity, under a creditor's bill to which at least three unsecured creditors, or creditors representing one-third in amount of the unsecured debts of such insolvent

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corporation, trader, or firm of traders, whose debts are matured and unpaid, shall be necessary parties to proceed to collect the assets, real and personal, including choses in action and money, and appropriate the same to the creditors of such trader, firm of traders, or corporation. Amends section 3149 (a) of the Code. Necessary parties to secure a creditor's bill. 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 November 12, 1889. AMENDING SECTIONS 3293 AND 3295ISSUANCE OF ATTACHMENTS FOR PURCHASE MONEY. No. 653. An Act to extend the [Illegible Text] of the Attachment Laws for purchase money, so as to garnishee debtors of the defendant in attachment who may owe defendant for a part of the same property, for the purchase of which such defendant may be indebted to the plaintiff in attachment, and to amend Sections 3293 and 3295, which relates to issuance of attachments for purchase money. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 3293 of the Code of Georgia be amended by adding thereto, in the fifth line, after the word created and before the word or, the following: Or has sold, and is not in possession of a part of the property, and has not been paid for the same. So that said section, when amended, shall read: Process of attachment may issue in behalf of any creditor, whose [Illegible Text] is created by the purchase of property, upon such debt becoming due, when the debtor who created such debt is in possession of some of the property for the purchase of which the debt was created, or has sold and is not in possession of a part of said property, and has not been paid for the same, or where said property is in possession of any one holding same for the benefit of said debtor, or in fraud against such creditors and judgments on such, attachments shall take rank from the date of the levy of the attachment. Amends section 3293 of the Code. Attachment for purchase money. SEC. II. And be it enacted, That section 3295 of the Code of Georgia be amended by adding at the end thereof or any officer in this State who is so authorized may issue a summons of

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garnishment requiring such third party who may have purchased from defendant any part of the same property which the plaintiff sold the defendant, to answer what he may owe the defendant in attachment for any part of the property described in the plaintiff's affidavit, without requiring other or additional bond to be given by plaintiff. Amends section 3295 of the Code. Summons of garnishment. SEC. III. All laws and parts of laws conflicting against any part of this Act are hereby repealed. Approved November 11, 1889. AMENDING SECTION 3694 OF THE CODE OF 1882FEES OF ORDINARY. No. 420. An Act to amend Section 3694 of the Code of Georgia of 1882, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 3694 of the Code of Georgia of 1882, be amended by inserting between the word prescribed and the figures 50, in the 28th line thereof, the following: Provided, that no fee shall be charged for drawing check, orders, drafts or warrants on the County Treasurer, so that said section 3694, when amended, shall read as follows: Fees of Ordinary. The Ordinaries are entitled to the following fees, to-wit: Amends section 3694 of the Code. Fees of Ordinaries. For receiving application and granting citation, one dollar and twenty-five cents. For taking and recording administrators' and guardians' bonds, one dollar. For issuing letters of administration or letters testamentary, one dollar and fifty cents. For recording the same, fifty cents. For copying the same, fifty cents. For signing warrant of appraisement, fifty cents. For receiving an appraisement or sale bill and recording the same, if under five hundred dollars, one dollar. If above five hundred dollars and under two thousand, one dollar and twenty-five cents.

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If above two thousand and under ten thousand dollars, one dollar and fifty cents. If above ten thousand and under twenty thousand dollars, one dollar and seventy-five cents. If above twenty thousand and under fifty thousand dollars, two dollars. If above fifty thousand dollars, two dollars and fifty cents. For receiving application and granting letters dismissory, whole service, five dollars. For granting citation to show cause why administration should not be set aside or repealed, two dollars. For entering a caveat against administration being granted or will proven, one dollar and twenty-five cents. For each copy of caveat, fifty cents. For signing probate of will or codicil, one dollar and twenty-five cents. For each case litigated before the Ordinary where no fees are prescribed, three dollars. For issuing commissions to examine witnesses, one dollar and twenty-five cents. For commission to have one year's support set apart to widow, minor or minors, one dollar and twenty-five cents. For recording the same, one dollar. For examining book and giving extracts, one dollar. For every order passed where no fees are prescribed, provided that no fee shall be charged for drawing checks, orders, drafts or warrants on the County Treasurer, fifty cents. For each affidavit when no case is pending, thirty cents. For every service required and performed for which no fees are specified by law, the same fees as are allowed Clerks of the Superior Courts for similar services, or for a like amount of labor. For every marriage license, one dollar and fifty cents. For every order of sale of land or other [Illegible Text] fifty cents. For each copy of the same, twenty-five cents. For issuing letters of guardianship, one dollar. For recording the same, fifty cents. For rule nisi, in each case, fifty cents. For copy, twenty-five cents. For issuing process against a person for not making returns, fifty cents. For each additional copy, twenty-five cents. For each subp[oelig]na, fifteen cents.

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For examining and recording returns on all estates not worth more than two thousand dollars, one dollar. For all estates worth more than two and not more than five thousand dollars, one dollar and twenty-five cents. For all estates worth more than five and not over ten thousand dollars, one dollar and forty cents. For all estates worth more than ten thousand dollars, one dollar and sixty cents. For recording all vouchers accompanying returns of administrators, executors and guardians, per 100 words, twelve cents. For recording any instrument of writing not mentioned, per 100 words, twelve cents. For proceedings to authorize titles to be made to lands of deceased persons, five dollars. For commission to freeholders to divide estates, one dollar and twenty-five cents. For each certificate and seal, sixty cents. For entering an appeal and transmitting the proceedings to the Superior Court, one dollar and fifty cents. For filing and recording an official bond, one dollar. For services in making settlement of accounts of any executor, administrator or guardian, as prescribed in this Code, ten dollars. For every estray horse, mule or ass, for every legal service required, two dollars. For every bull, ox or cow, for all service required, one dollar and twenty-five cents. For every goat, hog or sheep, thirty cents. For retailer's bond, one dollar. For retailer's license, one dollar. For copying and administering oath to retailers, fifty cents. For each peddler's license, one dollar and twenty-five cents. For filing and recording each bond the law requires, one dollar. For recording marks and brands, fifty cents. For comparing and testing weights and measures, and stamping and marking each, ten cents. For the whole service in setting apart a homestead of realty and personalty, when not litigated, seven dollars. When objections or demurrer are filed and heard in addition to the preceding, three dollars. For each fi. fa. issued by him, sixty cents. SEC. II. Be it further enacted, That by amending said section 3694, as above, it is not intended to indicate that Ordinaries were

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ever authorized to charge any fee for drawing checks, orders, drafts or warrants on the County Treasurer. Proviso. SEC. III. Be it further enacted, That this Act shall not interfere with any fees of the Ordinary, or cost of the Court of Ordinary, which have been allowed by the Legislature and not included in the Code of 1882. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 22, 1889. AMENDING SECTION 3694PRESCRIBING FEES OF ORDINARY. No. 769. An Act to amend Section 3694 of the Code of Georgia of 1882, prescribing fees of Ordinary, by adding thereto certain charges. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 3694 of the Code of 1882, prescribing fees of Ordinary, be, and the same is hereby amended, by adding after the words and figures, If above fifty thousand dollars, $2.50, and before the words For receiving application and granting letters dismissory, whole service, $5.00, the following: Amends section 3694 of the Code. For receiving an appraisement or sale bill, and approving same, it above fifty thousand dollars and under sixty-five thousand dollars, $2.75. Fees of Ordinaries. If above sixty-five thousand dollars and under eighty thousand dollars, $3. If above eighty thousand dollars and under one hundred thousand dollars, $3.50. If above one hundred thousand dollars and under one hundred and twenty-five thousand dollars, $4. If above one hundred and twenty-five thousand dollars and under one hundred and fifty thousand dollars, $4.50. If above one hundred and fifty thousand dollars, $5. And after the words For all estates worth more than ten thousand dollars, $1.60, and before the next item the following: For examining and recording the returns of all estates worth more than ten thousand dollars and not over twenty thousand dollars, $2. Recording returns of estates.

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For all estates worth more than twenty thousand dollars and not over forty thousand dollars, $2.50. For all estates worth more than forty thousand dollars and not over sixty thousand dollars, $3. For all estates worth more than sixty thousand dollars and not over eighty thousand dollars, $3.50. For all estates worth more than eighty thousand dollars and not over one hundred thousand dollars, $4. For all estates worth more than one hundred thousand dollars and not over one hundred and twenty-five thousand dollars, $4.50. For all estates worth more than one hundred and twenty-five thousand dollars and less than one hundred and fifty thousand dollars, $5. And have added to said section the following: For each seal and certificate, 50 cents, so that said section, when so amended, shall read as follows: Section 3694, (3643), (6618.) Fees of Ordinary. The Ordinaries are entitled to the following fees, to-wit: For receiving application and granting citation, $1.25. For taking and recording administrators' or guardians' bonds, $1. For issuing letters of administration, or letters testamentary, $1.50. Letters of administration. For recording the same, 50 cents. For copying the same, 50 cents. For signing warrant of appraisment, 50 cents. For receiving an appraisement or sale bill, and approving the same, if under five hundred dollars, $1. If above five hundred and under two thousand dollars, $1.25. If above two thousand and under ten thousand dollars, $1.50. If above ten thousand and under twenty thousand dollars, $1.75. If above twenty thousand and under fifty thousand dollars, $2. If above fifty thousand dollars, $2.50. For receiving an appraisement or sale bill, and recording same, if above fifty thousand dollars and under sixty-five thousand dollars, $2.75. Appraisements. If above sixty-five thousand dollars and under eighty thousand dollars, $3. If above eighty thousand dollars and under one hundred thousand dollars, $3.50. If above one hundred thousand dollars and under one hundred and twenty-five thousand dollars, $4. If above one hundred and fifty thousand dollars, $5. For receiving application and granting letters dismissory, whole service, $5.

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For granting citation to show cause why administration should not be set aside, or repealed, $2. For entering a caveat against administration being granted or will proven, $1.25. For each copy of caveat, 50 cents. For signing probate of will or codicil, $1.25. For each case litigated before the Ordinary, where no fees are prescribed, $3. For issuing commissions to examine witnesses, $1.25. For commission to have one year's support set apart to widow, minor or minors, $1.25. Year's support for widow. For recording the same, $1. For examining book and giving extracts, $1. For every order passed where no fees are prescribed, 50 cents. For each affidavit where no case is pending, 30 cents. For every service required and performed, for which no fees are specified by law, the same fees as are allowed Clerks of the Superior Courts for similar services, or for a like amount of labor, (a.) Where no fees are specified. For every marriage license, $1.50. For every order of sale of land or other property, 50 cents. For each copy of the same, 25 cents. For issuing letters of guardianship, $1. For recording the same, 50 cents. For rule nisi in each case, 50 cents. For copy, 25 cents. For issuing process against a person for not making returns, 50 cents. For each additional copy, 25 cents. For each subp[oelig]na, 15 cents. For examining and recording returns on all estates not worth more than two thousand dollars, $1. Returns on estates. For all estates worth more than two, and not more than five thousand dollars, $1.25. For all estates worth more than five, and not over ten thousand dollars, $1.40. For all estates worth more than ten thousand dollars, $1.60. For examining and recording the returns of all estates worth more than ten thousand dollars, and not over twenty thousand dollars, $2. For all estates worth more than twenty thousand dollars, and not over forty thousand dollars, $2.50. For all estates worth more than forty thousand dollars, and not over sixty thousand dollars, $3.

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For all estates worth more than sixty thousand dollars, and not over eighty thousand dollars, $3.50. For all estates worth more than eighty thousand dollars and not over one hundred thousand dollars, $4. For all estates worth more than one hundred thousand dollars and not over one hundred and twenty-five thousand dollars, $4.50. For all estates worth more than one hundred and twenty-five thousand dollars and less than one hundred and fifty thousand dollars, $5. For recording all vouchers accompanying the returns of administrators, executors and guardians, per 100 words, 15 cents. For recording any instrument of writing not mentioned, per 100 words, 15 cents. For proceedings to authorize titles to be made to lands of deceased persons, $5. For commission to free-holders to divide estates, $1.25. For entering an appeal and transmitting the proceedings to the Superior Court, $1.50. For filing and recording an official bond, $1. (Item 47 of section 3643, repealed by Act of 1872, page 64.) For services in making settlement of accounts of any executor, administrator, or guardian, as prescribed in this Code, $10. For every stray horse, mule, or ass, for every legal service required, $2. Estrays. For every bull, ox, or cow, for all services required, $1.25. For every goat, hog, or sheep, 30 cents. For retailer's bond, $1. For retailer's license, $1. For copying and administering oath to retailer, 50 cents. For each peddler's license, $1.25. For filing and recording each bond the law requires, $1. For recording marks and brands, 50 cents. For comparing and testing weights and measures, and stamping and marking each, 10 cents. Testing weights and measures. For the whole service in setting apart a homestead of realty and personalty, when not litigated, $7. When objections or demurrer are filed and heard, in addition to the preceding, $3. For each fi. fa. issued by him, 60 cents. For seal and certificate, each, 50 cents. For recording any inventory or appraisement, or abstract, of receipts and disbursements connected with an account current, in addition to foregoing fees, fifteen (15) cents per hundred words. Recording inventory or appraisement.

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SEC. II. Be it further enacted, That this Act shall not interfere with any fees of the Ordinary, or costs of the Court of Ordinary, or changes made, in relation thereto, which have been allowed by the Acts of the Legislature and not included in the Code of Georgia of 1882. 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 November 13, 1889. AMENDING SECTION 3719APPLICATIONS FOR NEW TRIAL. No. 733. An Act to amend Section 3719 of the Code of 1882, which provides when applications for a new trial shall be made. 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 3719 of the Code of 1882, which provides when all applications for a new trial shall be made, be, and the same is hereby amended, by adding after the word had, in the third line of said section, the following, to-wit: And when said term continues longer than thirty (30) days, said application shall be filed within thirty (30) days from said trial, together with a brief of evidence, as provided by law, subject to the approval of the Judge, subject to the same right of amendment, as is allowed in applications for a new trial, and, by adding after the word but, in the same line of said section, the following, to-wit: All applications herein provided for, so that when amended, by this Act said section 3719 shall read as follows, to-wit: All application for a new trial, except in extraordinary cases, must be made during the term at which the trial was had; and, when said term continues longer than (30) thirty days, said application shall be filed within thirty (30) days from said trial, together with a brief of evidence, as provided by law, subject to the approval of the Judge, subject to the same right of amendment as is now allowed in applications for a new trial; but all applications herein provided for may be heard, determined and returned in vacation; Provided, That the provisions of this Act shall not apply to cases now pending in which

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motions are made for new trials; And, provided further, That the provisions of this Act shall not apply to cases already tried in which motions for new trials may be made or are now pending. Amends section 3719 of the Code. Applications for a new trial. 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 November 12, 1889. AMENDING SECTION 4057WRITS OF CERTIORARI. No. 662. An Act to amend Section 4057 of the Code of 1882, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4057 of the Code of 1882 be amended by striking out the words three months, in the second line of said section, and inserting in lieu thereof the words thirty days, so said section, when amended, will read as follows: All writs of certiorari shall be applied for within thirty days after the final determination of the case in which error is alleged to have been committed, and not after; and shall be made returnable to the next Superior Court after the issuing of the same, unless said Superior Court shall sit within twenty days after the issuing of said writ, in which case said writ shall be made returnable to the next succeeding court. Amends section 4057 of the Code. Writs of certiorari. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved November 12, 1889. AMENDING SECTION 3910 (F), REGARDING LISTS OF GRAND AND TRAVERSE JURORS. No. 171. An Act to amend Section 3910 (f) of the Code of Georgia for 1882. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 3910 (f) of the Code of Georgia, adopted in 1882, which reads as follows: The Clerk of the Superior Court

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shall make out in a book lists of the names respectively contained in the Grand Jury box and in the Traverse Jury box, alphabetically arranged, and place said book in his office, after the lists therein have been certified by the Ordinary, Clerk and Commissioners to contain respectively all the names placed in said jury boxes, shall be amended by striking out the word Ordinary, in the fifth line of said section, so that the same, when so amended, shall read as follows, to-wit: The Clerk of the Superior Court shall make out in a book lists of the names respectively contained in the Grand Jury box and in the Traverse Jury box, alphabetically arranged, and place said book in his office, after the lists therein have been certified by the Clerk and Commissioners to contain, respectively, all the names placed in said jury boxes. Amends section 3910 (f) of the Code. Clerk of Superior Court to prepare lists of jurors. SEC. II. All laws conflicting herewith are hereby repealed. Approved July 24, 1889. AMENDING SECTION 3854DEFINING COMPETENCY OF WITNESSES WHERE CERTAIN PARTIES, PERSONS OR AGENTS ARE DECEASED OR INSANE. No. 486. An Act to repeal paragraph numbered one of Section 3854 of the Code, and in lieu thereof, to more clearly define the competency of witnesses in cases where certain parties, persons or agents are deceased or insane. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That paragraph numbered one, of section 3854 of the Code, which reads: Where one of the original parties to the contract, or cause of action in the issue or on trial is dead, or is shown to the court to be insane, or where an executor or administrator is a party in any suit on a contract of his testator or intestate, the other party shall not be admitted to testify in his own favor, be and the same are hereby repealed, and the following adopted in lieu thereof: Repeals sction 3854 of the Code. (a) Where any suit is instituted or defended by a person insane at time of trial, or by the personal representative of a deceased person, the opposite party shall not be admitted to testify in his own favor against said insane or deceased person, as to transactions or communications with such insane or deceased person. Competency of witnesses in cases against insane or deceased persons.

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(b) Where any suit is instituted or defended by partners, persons jointly liable, or interested, the opposite party shall not be admitted to testify in his own favor as to transactions or communications solely with an insane or deceased partner, or person jointly liable or interested, and not also with a survivor thereof. (c) Where any suit is instituted or defended by a corporation, the opposite party shall not be admitted to testify in his own behalf to transactions or communications solely with a deceased or insane officer, or agent of the corporation, and not also with surviving and sane persons, officers or agents of said corporation. Insane officer or agent. (d) Where a person not a party, but a person interested in the result of the suit, is offered as a witness, he shall not be competent to testify if, as a party to the cause, he would for any cause be incompetent. Interested parties. (e) No agent or attorney at law of either party, at the time of the transaction testified about, shall be allowed to testify in favor of surviving or sane party, under circumstances where the principal, a party to the cause, could not testify; nor can a surviving party or agent testify in his own favor, or in favor of surviving or sane party, as to transactions or communications with a deceased or insane agent, under circumstances where such witness would be incompetent if deceased agent had been principal. Agent or attorney. (f) In all cases where the personal representative of the deceased or insane party has introduced a witness interested in the event of the suit, who has testified as to transactions or communications on the part of the surviving agnet or party with a deceased or insane party or agent, the surviving party or his agent may be examined in reference to such facts testified to by said witness. Testimony of interested witnesses. (g) No person who was the agent or mutual friend of both parties, or who acted as attorney or counsel for both parties in any transaction between them, shall be a competent witness for the living party touching such transaction. Agent or mutual friend of both parties. SEC. II. Be it further enacted, That there shall be no other exceptions allowed under this paragraph by any court than those herein set forth; Provided, that this Act shall not apply to cases already tried, in which motions for new trials have been or may be granted. Proviso. SEC. III. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 29, 1889.

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AMENDING SECTIONS 3811 AND 3813TO EXTEND THE PROVISIONS TO CORPORATIONS, AND REQUIRE DISCOVERY THROUGH THE OFFICERS AND AGENTS THEREOF. No. 728. An Act to amend Sections 3811 and 3813 of the Code of Georgia of 1882, so as to extend the provisions thereof to corporations, and require discovery through the officers and agents thereof, and for other purposes therewith connected. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 3811 of the Code of Georgia of 1882 be amended by adding after the word cases, at the end of said section, the following words, to-wit: And in all cases in any of the courts of this State, where either the plaintiff or defendant is a corporation, either foreign or domestic, public or private, it shall be the right of the opposite party to file with the Clerk of the Court where such case is pending, interrogatories directed to the President, Secretary, Treasurer, or other officer or agnet of said corporation; and it shall be the duty of the officer or agent named in such interrogatories to sue out a commission directed to himself, and to have said interrogatories executed and returned to the next term of the court; Provided, the opposite party, or his attorney, shall give twenty days' notice, before the sitting of said court, to the attorney of record, or to any officer or agent of such corporation in the county where suit is pending, that interrogatories have been so filed, so that said section, when amended, shall read as follows: The party seeking the discovery may either subp[oelig]na the other party as a witness, or else file interrogatories, and sue out a commission, as in cases provided for other witnesses. In the latter event, the right of cross examination exists as in other cases, and in all cases in any of the courts of this State where either the plaintiff or defendant is a corporation, either foreign or domestic, public or private, it shall be the right of the opposite party to file with the Clerk of the Court, where such case is pending, interrogatories directed to the President, Secretary, Treasurer, or other officer or agent of said corporation, and it shall be the duty of the officer or agent named in such interrogatories to sue out a commission directed to himself, and to have said interrogatories executed and returned to the next term of the court; Provided, the opposite party, or his attorney,

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shall give twenty days' notice before the sitting of said court to the attorney of record, or to any officer or agnet of such corporation in the county where suit is pending, that interrogatories have been so filed, and provided said corporation or its agent shall not be required to advance the costs of executing said interrogatories. Amends section 3811 of the Code. Party seeking discovery may subp[oelig]na other party as a witness or sue out interrogatories. Cross interrogatories. Proviso. SEC. II. Be it further enacted, That section 3813 of the Code of Georgia of 1882 be amended by adding after the word equity, at the end of said section, the following words, to-wit: And if either party be a corporation, the officer called on to give testimony shall be subject to attachment for contempt upon his failure to answer, and the Court may dismiss the case or strike the plea according as the party corporation may be plaintiff or defendant, upon the failure of any of its officers or agents to give testimony, or to execute and return interrogatories, as provided by law; so that said section, when amended, shall read as follows: A party failing to appear without sufficient excuse when properly subp[oelig]naed, or failing or refusing to answer, either orally or to the interrogatories filed, or answering evasively, shall be subject to attachment for contempt, and the Court may also dismiss his case if he be plaintiff, or strike out his pleas if he be defendant, or give such other direction to the cause as is consistent with justice and equity; and if either party be a corporation, the officer called on to give testimony shall be subject to attachment for contempt upon his failure to answer, and the court may dismiss the case or strike the plea, according as the party corporation may be plaintiff or defendant, upon the failure of any of its officers or agents to give testimony or to execute and return interrogatories interrogatories as provided by law. Amends section 3813 of the Code. Subject to attachment for contempt. When the court may dismiss the case or strike out the plea. 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 November 12, 1889. AMENDING SECTION 3732TAX EXECUTIONSPROCEEDINGS FOR STAY OF. No. 634. An Act to amend Section 3732 of the Code of Georgia of 1882. SECTION I. Be it enacted by the General Assembly of the State of Georgia,, That after the passage of this Act, section 3732 of the Code of Georgia of 1882, be amended by striking out of the sixth line of said section the number 872, and inserting in lieu thereof

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896, so that said section shall read as follows: When any execution may be issued against any Tax Collector or tax prayer for taxes due the State or any county thereof, and the Sheriff or other officer shall levy the same on property claimed by a person not a party to such execution, such claimant shall make oath as herein provided in the case of other claims, and give bond as provided in section 896; and the same proceedings shall be had thereon as provided for the trial of the rights of property, except that such trials shall be had in the county wherein the levy was made. Amends section 3732 of the Code. Bond required for stay of execution. 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 November 11, 1889. AMENDING THE ACT ESTABLISHING A BOARD OF PHARMACEUTIC EXAMINERS. No. 445. An Act to amend and change the Act, approved September 29, 1881, entitled an Act to establish a Board of Pharmaceutic Examiners, etc., etc., as now contained in the Code of Georgia, pp. 1482, 1483 and 1484, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and the authority thereof, That the title of an Act, as contained in the Code of Georgia, pages 1482, 1483 and 1484, be amended by striking out from the first line of said title of said Act the words a Board of Pharmaceutic Examiners, and substituting in lieu thereof the words the Georgia State Board of Pharmacy. Amending the Act establishing a Board of Pharmaceutic Examiners. SEC. II. Be it further enacted, That section 1 of said original Act be struck out and amended, so that the same shall read: Section 1. That within sixty days after the passage of this Act the Governor of this State shall appoint five experienced druggists, or practical pharmacists, from the names of ten persons suggested by the Georgia Pharmaceutical Association, who shall have been actually engaged in the drug business within this State for the three years immediately preceding their appointment, and these five experienced druggists, or practical pharmacists, so appointed, shall constitute the `Georgia State Board of Pharmacy,' one of whom shall hold his office for one year, one for two years, one for three years, one for four years, and one for five years, or until his or their

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successors shall have been legally appointed and qualified; and at each and every annual meeting thereafter the said Georgia Pharmaceutical Association shall submit to the Governor the names of five persons, with the qualifications hereinbefore mentioned, and the Governor shall appoint from said names so submitted one member of said Board, who shall hold his office for five years, until his successor is duly appointed and qualified. But that this Act shall not affect the term of the present Board. Governor to appoint. The Georgia State Board of Pharmacy. SEC. III. Be it further enacted, That section 3, of said original Act, be amended by changing the words Board of Pharmaceutic Examiners in the third line to State Board of Pharmacy, and inserting therein after the word Chairman the words and Secretary, so that said section when amended shall read: Sec. 3. Be it further enacted, That immediately after the appointment and qualification of said Board, they shall meet and organize as a State Board of Pharmacy, elect a Chairman and Secretary, adopt such rules, regulations and by-laws as they shall deem necessary to carry into execution the provisions of this Act. Name changed. Shall organize and adopt rules and regulations. SEC. IV. Be it further enacted, That section 5, of said original Act creating the Board of Pharmaceutic Examiners, be so altered and amended that it shall hereafter read as follows: Sec. 5, That it shall be the duty of said Board to grant license first to Pharmacists who graduated in a College of Pharmacy acknowledged by the American Pharmaceutical Association, and who shall exhibit to the said State Board of Pharmacy a diploma of the same. Second, To Pharmacists who have obtained a diploma from an authorized foreign college or institution, and who shall exhibit the same to said Board. Third, To physicians who are graduates of a regular Medical College, and who shall exhibit their diplomas to said Board. Fourth, To druggists who, after three years' experience in a drug store managed by a licensed Apothecary or Pharmacist shall have passed a satisfactory examination before the said Board of Pharmacy. Fifth, To Pharmacists who have obtained license from such other State Boards of Pharmacy as are recognized by said Georgia State Board of Pharmacy. All licenses granted shall be signed by a majority of the whole Board, shall specify the ground upon which such license is granted, shall be in such form as the Board shall prescribe, and shall be posted in a conspicuous place, the place of business of such licentiate. The Board of Pharmacy to grant license to qualified applicants. SEC. V. And be it further enacted, That section 6 of said original Act be amended by striking out the words one of its members, in the ninth and tenth lines thereof, and inserting in lieu thereof the words its Secretary, and also, by striking out from

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the second line thereof the words Board of Pharmaceutic Examiners, and inserting therein in lieu of said words the following words, to-wit: State Board of Pharmacy; and by striking out from the third line of said section the word fifteen before the word dollars, and inserting in lieu thereof the word five; and by striking out from the fourth and fifth lines of said section 6 the words for which no further fee shall be required and paid, and inserting in lieu thereof the following: and an annual renewal fee of two dollars shall be paid to said Board; and also, by adding at the end of said section the following; All moneys received for renewals, in excess of six hundred dollars, by said Board, shall be paid into the Treasury of the Georgia Pharmaceutical Association, and said Board shall make an annual report to the Georgia Pharmaceutical Association, so that said section, as amended, shall read: Section VI. Be it further enacted, That all persons applying for examination and license shall pay to the Board of Pharmacy the sum of five dollars; and, if passing the examination, shall be furnished with the license, as hereinbefore provided, and an annual renewal fee of two dollars shall be paid to said Board. Should the applicant fail to stand a satisfactory examination, no fee shall be required for a subsequent examination, such subsequent examination not to be granted within six months after the first. And it shall be the duty of the Board to keep a record of its transactions in a book to be kept for that purpose by the Secretary, said book to be turned over to their successors in office. All moneys received for renewals, in excess of six hundred dollars, by said Board, shall be paid into the treasury of the Georgia Pharmaceutical Association, and said Board shall make an annual report to the Georgia Pharmaceutical Association. Amends section 6. Fees of licensed Pharmacists. Board to keep record of its transactions. Annual report. SEC. VI. Be it further enacted, That there be inserted in said original Act, after section 8, the following sections, to-wit: Section IX. No person shall, within this State, manufacture for sale, offer for sale, or sell, any drug, medicine, chemical, or pharmaceutical preparation which is adulterated. A drug, medicine, chemical or pharmaceutical preparation shall be deemed to be adulterated: (1) If when sold under or by a name recognized in the U. S. Pharmacop[oelig]ia it differs from the standard in strength, quality or purity laid down therein. (2) If, when sold under or by a name not recognized in the U. S. Pharmacop[oelig]ia, but which is found in some other standard work, it differs materially from the standard of strength, quality or purity laid down in such work. (3) If its strength, quality, or purity falls below the professed standard. Section X. Every person manufacturing, offering for sale, or selling

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any drug, medicine, chemical, or pharmaceutical preparation shall furnish to the State Board of Pharmacy, or any person interested or demanding the same, who shall tender him the value of the same, a sample sufficient for the analysis of any such drug, medicine, chemical, or pharmaceutical preparation which is in his possession. Section XI. On complaint being made, the Board of Pharmacy is hereby empowered to employ an expert chemist or analyst to examine into the so claimed adulteration, and report upon the result of his investigation, and if said report justify such action, the Board shall cause the prosecution of the offender, and any person found guilty of adulteration, as defined in this Act, shall be adjudged to pay, in addition to the fine hereinafter provided for, all necessary costs and expense incurred in inspecting and analyzing such adulterated articles, of which said person may have been found guilty of manufacturing, selling, or offering for sale. Adulterated preparations. What constitutes adulterated medicines. Samples for analysis must be furnished on demand. Board of Pharmacy empowered to prosecute any dealer in adulterated drugs. SEC. VII. Be it enacted, That section 9 be simply amended so that it shall read Sec. XII. Also, strike out the words either of the two preceding sections of from second line of section 9. SEC. VIII. Be it further enacted, That section 10 of said original Act be amended so as to read Sec. XIII. And also, in third line, strike the words Pharmaceutic Examiners, and amend by inserting in their place the word Pharmacy; and that section 11 be amended so as to read Sec. XIV.; and that section 12 be amended so as to read Sec. XV. Amends section 10 of original 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 October 25, 1889.

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TITLE V. SUPERIOR COURTS. ACTS. Changing Fall Term of Emanuer Superior Court. Transferring Dooly county from the Oconee to the Southwestern Circuit. Changing the Terms of holding Telfair Superior Court. Repealing Act providing for two weeks session of Marion Superior Court. Changing time of Spring Term of Crawford Superior Court. Changing time of holding Superior Court of Colquitt county. Changing time of holding Spring Term of Troupe Superior Court. Providing for four weeks' term of Carroll Superior Court. Changing time of holding Superior Court of Bibb county. Authorizing Judges of Superior Courts to admit graduates of law schools of this State to the Bar. Changing time of holding Superior Court in Butts and Rockdale counties. Two sets of Minutes for Superior Courts in cities where two or more Judges preside in Bank. CHANGING FALL TERM OF EMANUEL SUPERIOR COURT. No. 210. An Act to change the time of holding the Superior Court of Emanuel County. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Fall Term of Superior Court of Emanuel county, in the Middle Judicial Circuit of the State of Georgia, be changed to convene on the third Monday in October, commencing with the third Monday in October, 1889, instead of the first Monday in November, as now is. Changed from first Monday in November to third Monday in October. SEC. II. Be it further enacted by the authority of the same, That all papers, processes and writs shall be made returnable accordingly. SEC. III. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 20, 1889.

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TRANSFERRING DOOLY COUNTY FROM THE OCONEE TO THE SOUTHWESTERN CIRCUIT. No. 228. An Act to transfer the county of Dooly from Oconee Circuit to the Southwestern Circuit, 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 county of Dooly, in in the State of Georgia, in the Oconee Circuit, be, and is hereby, by the authority aforesaid, transferred and changed to the Southwestern Circuit; Provided, this does not affect the office of Solicitor-General during his present term of office, and he is still authorized to discharge the duties of said office during said term. Dooly county transferred to Southwestern Circuit. SEC. II. Be it further enacted, The time of holding the Superior Courts in said county be and remain as they are now, to-wit: Second and third Mondays in March and September, each year. Court terms. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 27, 1889. CHANGING THE TERMS OF TELFAIR SUPERIOR COURT. No. 294. An Act to change the time of holding the Superior Court of the county of Telfair. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the time of holding the Superior Courts in the county of Telfair shall be on the third Mondays in April and October, instead of on Tuesdays, after the third Mondays in April and October, as heretofore. Terms changed. SEC. II. Be it further enacted, That all writs, suits, processes, orders, summons, and all other proceedings, shall be returnable to the time herein fixed and prescribed. Writs. SEC. III. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889.

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REPEALING ACT PROVIDING FOR TWO WEEKS' SESSION OF MARION SUPERIOR COURT. No. 395. An Act to repeal an Act, approved October 6, 1885, entitled an Act to provide for two weeks' session of the Superior Court for the county of Marion, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the above recited Act, which is as follows, That from and after the passage of this Act, the Superior Court for the county of Marion, which convenes on the fourth Mondays in April and October of each year, may continue in session two weeks from said dates, be, and the same is hereby repealed. Repeals Act providing for two weeks sessions. 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 prepealed. Approved October 16, 1889. CHANGING THE TIME OF SPRING TERM OF CRAWFORD SUPERIOR COURT. No. 427. An Act to change the time of holding the Spring Term of the Superior Court of the county of Crawford, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That the time of holding the Spring Term of the Superior Court of the county of Crawford be changed from the third Monday in April to the third Monday in March of each year. Time changed for Spring Term. SEC. II. Be it further enacted by the authority aforesaid, That all suits, processes, orders and summons, subp[oelig]nas, and other proceedings returnable to said Court prior to the passage of this Act, shall be held and considered as returnable to the term as herein fixed. Writs. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 23, 1889.

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CHANGING TIME OF HOLDING SUPERIOR COURT OF COLQUITT COUNTY. No. 469. An Act to change the time of holding the Superior Court of Colquitt county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the time for holding the fall term of Colquitt Superior Court is hereby changed from the first Monday in October to Tuesday after the third Monday in September. Fall Term changed. SEC. II. Be it further enacted, That all writs, processes, subp[oelig]nas, and any other proceedings made returnable to either of the terms of said court as now constituted, shall be held and deemed returnable to the term hereby fixed. Writs, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. CHANGING TIME OF HOLDING SPRING TERM OF TROUPE SUPERIOR COURT. No. 474. An Act to change the time of holding the Spring Term of Troupe Superior Court to the fourth Monday in April. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Spring Term of the Superior Court of the county of Troupe be held on the fourth Monday in April of each year, instead of on the third Monday thereof. Spring Term changed. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and are hereby repealed. Approved October 26, 1889.

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PROVIDING FOR FOUR WEEKS' TERM OF CARROLL SUPERIOR COURT. No. 575. An Act to provide for four weeks' term of the Superior Court of the county of Carroll, at the October Term thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the October Term of the Superior Court of Carroll county shall be for four weeks, at each Fall Term thereof, if necessary. Provides for four weeks Fall Term. SEC. II. Be it further enacted, That the Grand Jury drawn for the October Term, and each October Term thereafter, shall serve for the term; and there shall be a Traverse Jury drawn and impaneled for each week of the four weeks' term. Juries. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889. CHANGING TIME OF HOLDING SUPERIOR COURT OF BIBB COUNTY. No. 604. An Act to change the time of holding the Superior Court of Bibb county. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, the time of holding the Superior Court of Bibb county be changed from the first Monday in May to the third Monday in April. Spring Term changed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved November 11, 1889.

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TO AUTHORIZE JUDGES OF SUPERIOR COURTS TO ADMIT GRADUATES OF LAW SCHOOLS OF THIS STATE TO THE BAR. No. 641. An Act to authorize the Judges of the Superior Courts of this State, in their respective circuits, to hold special terms of said Courts to admit to the Bar persons who have diplomas of graduation in the several Law Schools of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Judges of the Superior Courts of this State, in their respective circuits, are hereby authorized, in their discretion, to hold special terms of said courts for the purpose of admitting to the bar any person or persons who may have a diploma of graduation in the law department of the University of Georgia, or in the law school of Mercer University, or in the law department of Emory College, under the same rules and regulations now required by law for the admission of such persons. Judges of Superior Courts authorized to hold special terms to admit graduates of law schools to the bar. SEC. II. All laws and parts of laws in conflict with this Act are hereby repealed. Approved November 11, 1889. CHANGING TIME OF HOLDING SUPERIOR COURT IN BUTTS AND ROCKDALE COUNTIES. No. 692. An Act to change and define the time of holding the Superior Courts for the counties of Butts and Rockdale, of the Flint Judicial Circuit, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Superior Courts for the counties of Butts and Rockdale of the Flint Judicial Circuit shall be changed and held as follows, to-wit: Butts county, from the second Mondays in March and September to the third Mondays in February and August of each year, and Rockdale county from the third Mondays in February and August to the second Mondays in March and September of each year. Terms of Butts and Rockdale counties changed.

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SEC. II. Be it further enacted, That all suits, writs, summonses, processes, orders and other proceedings in and returnable to said courts prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed and prescribed. Suits, writs, summonses, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved November 12, 1889. REQUIRING CLERKS OF SUPERIOR COURTS TO PROVIDE TWO SETS OF MINUTES IN CITIES WHERE TWO OR MORE JUDGES PRESIDE IN BANK. No. 796. An Act to require the Clerks of the Superior Courts in counties having therein a city of ten thousand inhabitants, or in which two or more Judges of the Superior Court may preside in Bank, to keep two books of minutes: One for the civil and the other for the criminal business of said court. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That in all counties of this State having therein a city of ten thousand inhabitants, or in which two or more Judges are now authorized by law to preside in bank, the Clerks of the Superior Court in such counties are hereby required to keep two separate minute books or dockets: one in which the civil business of said court shall be recorded; the other in which the criminal business of said court shall be recorded. Said books to be known respectively as minute book of civil business, and minute book of criminal business. Two minute books required where two or more Judges preside in bank. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are repealed, and so far modified as to harmonize with the same. Approved November 13, 1889.

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TITLE VI. COUNTY OFFICERS. ACTS. Providing for holding Courts of Ordinary where the Ordinary is disqualified. Providing how insolvent costs due Justices and Constables shall be paid. Enlarging the powers and duties of County Commissioners and Ordinaries. Clerks required to keep a record of Superior Court charters. To prescribe and make certain the fees of Clerks. Authorizing County Commissioners or Ordinaries to hire convicts to work on public works that do not work their own convicts. PROVIDING FOR DISPOSING OF BUSINESS BEFORE ORDINARY WHERE THE ORDINARY IS DISQUALIFIED. No. 603. An Act to provide for the holding of Courts of Ordinary and disposing of business before the Ordinary where the Ordinary is disqualified, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That when any Ordinary is disqualified to pass upon any matter presented to him as such Ordinary, he shall indorse such disqualification upon the papers, and the Ordinary of any adjoining county shall pass upon the same and certify to the Ordinary of the county where the business arose, his action in the matter, who shall record the same, and enter the proceedings on the minutes if need be. When any Ordinary is disqualified to try any case or issue pending before the Court of Ordinary, such Ordinary shall call upon the Ordinary of any adjoining county to preside on the hearing of such case or issue. Disqualified Ordinaries to call upon Ordinary of adjoining county to preside. 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 November 11, 1889.

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PROVIDING HOW INSOLVENT COSTS DUE JUSTICES AND CONSTABLES SHALL BE PAID. No. 679. An Act to amend an Act entitled An Act to provide how insolvent costs due Justices and Constables shall be paid in certain cases, approved December 9, 1882. SECTION I. Be it enacted by the General Assembly of Georgia, That the above named Act be, and the same is hereby amended as follows: First, by inserting between the word Act and the word that, in the third line of section 1 of said Act, the words in counties in which there are no County Courts; secondly, by adding on to the end of said section the following words: But in counties in which County Courts are held, having jurisdiction to try misdemeanors, the foregoing provisions of this Act shall apply only to felony cases and to cases of misdemeanors in which the defendant shall demand indictment by the Grand Jury, and in all other cases in said last named counties, the class of costs in this section provided for, shall be paid out of fines and forfeitures in the County Court, in the same manner as costs of Bailiffs of the County Court are paid under section three hundred of the Code of 1882, so that said section 1 of the before-mentioned Act shall read, as amended, as follows: SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act in counties in which there are no County Courts, that cost due Justices and Constables in criminal cases, where parties have been bound over by the Justice of the Peace, or have been committed to jail in default of bail, and the Grand Jury make a return of no bill, (or whenafter an investigation of the case, the parties have been discharged by said Justice of the Peace), shall be paid out of fines and forfeitures as now provided, upon the order of the Judge of the Superior Court, and said claims of said Justices and Constables shall be considered of equal dignity with those provided for in section 4709 (c) of the Code of 1882 and the accounts of the officers of the Superior Court, and entitled to participate pro rata upon a distribution of any funds arising from fines and forfeitures. But in counties in which County Courts are held, having jurisdiction to try misdemeanors, the foregoing provisions of this Act shall apply only to felony cases and to cases of misdemeanors in which the defendant shall demand indictment by the Grand Jury, and in all

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other cases in said last named counties, the class of costs in this section provided for shall be paid out of fines and forfeitures in the County Court, in the same manner as costs of Bailiffs of County Courts are paid under section three hundred of the Code of 1882. Amends section 1. How insolvent costs are paid Justices and Constables. Entitled to participate pro rata in funds arising from fines and forfeitures. 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 November 12, 1889. ENLARGING THE POWERS AND DUTIES OF COUNTY COMMISSIONERS AND ORDINARIES. No. 729. An Act to enlarge the powers and duties of the County Commissioners, or Ordinaries in counties where there are no Commissioners, of the several counties of the State of Georgia, so as to empower said Commissioners to bring action against any railroad corporation; to sustain rights of the public in and to any highway; to enforce any duty enjoined upon a railroad corporation, may maintain action for damages. SECTION I. Be it enacted by the General Assembly of Georgia, That the Commissioners of Roads and Revenues, or Ordinaries in counties where there are no Commissioners, in each of the counties of this State, are hereby empowered to bring any action against any railroad corporation that may be necessary or proper to sustain the rights of the public in and to any highway in any county, and to enforce the performance of any duty enjoined upon any railroad corporation, in relation to any highway, in any county in this State of which they are Commissioners, or Ordinaries where there are no Commissioners, and to maintain action for damages or expenses which any county may sustain or may be put to in consequence of any act or omission of any such corporation in relation to highways. Empowered to bring suit against any railroad to sustain the rights of the public in and to any highway. Damages. 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 November 12, 1889.

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CLERKS REQUIRED TO KEEP A RECORD OF SUPERIOR COURT CHARTERS. No. 745. An Act to require the Clerks of the Superior Courts of each county in this State to have prepared a suitable record book, to be kept in the Clerk's office of the Superior Court in each county, said record to be known as the Record of Superior Court Charters, and said charters, when granted hereafter, shall not become valid until recorded in said Charter Record, with the original advertisement of the application for any charter, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be the duty of the Clerk of the Superior Court of each county to have prepared, at the expense of the county in which he is Clerk, a record book of suitable size and form, which shall be kept in the office of the Clerk of the Superior Court in each county in this State, and such book shall be known as the Record of Superior Court Charters. Record of Superior Court charters. SEC. II. Be it further enacted, That all charters when granted shall be recorded in said book of record with the original advertisement of the charter asked for. Charters must be recorded. SEC. III. Be it further enacted, That when any charter is granted by the Superior Court it shall not become valid until it has been recorded with the original legal advertisement in the charter record of the county in which it is granted. To make them valid. SEC. IV. Be it further enacted, That the Clerk of the Superior Court shall be allowed such fees for recording the charters granted by the Superior Court as is allowed in the fee bill of this State for recording deeds to land. The Clerk shall furnish any person on application a certified copy of any charter on record in his office. Under seal said certified copy may be used in the courts of this State as evidence. Clerk's fees. Certified copies. 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 November 13, 1889.

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TO PRESCRIBE AND MAKE CERTAIN THE FEES OF CLERKS. No. 748. An Act to prescribe and make certain the fees of Clerks of the Superior Courts and City Courts, as therein stated, and also to provide for the payment of the fees of said Clerks in certain other cases, stated and otherwise, and authorize Judges of the Superior and City Courts to enter judgment for costs in certain cases, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that the Clerks of the Superior and City Courts of this State shall not be required to file or docket any case or proceedings in which the plaintiff or complainant is a non-resident of this State, until ten dollars shall have been deposited with the Clerk on account of costs, and it shall be the duty of the court at any stage of such a cause, on motion of the Clerk, to require such additional deposit as the case may require, if the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the costs taxable by law; in such case the Clerk shall thereupon refund to the depositor the amount of such excess. Clerks not required to file or docket any case for non-resident until deposit for costs is made. SEC. II. Be it further enacted, That when a Clerk of any Superior or City Court of this State transmits a record to the Supreme Court, except in cases where affidavit of inability to pay cost is filed, he may make out a bill of cost for such transcript, and when presented to the Judge of the Circuit or City Court, and by him found to be correct, the Judge shall award, either in term time or vacation, judgment in favor of the Clerk for such cost. Can obtain judgment for cost for transmitting record to Supreme Court. 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 November 13, 1889.

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AUTHORIZING COUNTY CONMISSIONERS OR ORDINARIES TO HIRE COUNTY CONVICTS IN CERTAIN CASES. No. 736. An Act to authorize the County Commissioners in the several counties of this State, and the Ordinaries in counties where there are no County Commissioners, to hire county convicts to work on the public works from other counties in this State that do not work their own county convicts, 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 County Commissioners in the several counties of this State, and the Ordinaries in counties where there are no County Commissioners, to hire county convicts to work on the public works from other counties in this State that do not work their own county convicts, upon such terms as may be agreed upon by the authorities in charge of county matters in the counties of this State; Provided, said county authorities shall work said convicts in connection with the county convicts from their own counties, which they are hereby authorized to do, on the public works. Authorized to hire county convicts to work on public works from other counties that do not work their own convicts. 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 November 12, 1889.

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TITLE VII. JUDICIARY. ACTS. When transfers and liens shall take effect as against third parties. Requiring Assignees of failing or insolvent debtors to give bond and security. Providing punishment for any Executor, Administrator, Guardian or Trustee who defrauds an estate. Amending an Act providing for the amendment of affidavits to foreclose liens. Disposition of suits for enforcement of equitable action at the first term. Time and mode of perfecting service by publication. Authorizing the Judges of the Supreme Court to appoint two Shorthand Writers. Defining the rights of Landlordsmaking it penal for a cropper to dispose of crop in certain cases. Prescribing manner of taking cases to the Supreme Court. Fixing the venue of Justice Courts in the cities of this State. Providing an additional method of asserting the lien of livery stable keepers. How Jurors shall be drawn in certain cases. What shall operate as a re-conveyance of the title to property conveyed to secure a debt. To fix, with certainty, on the dockets the places of cases in which new trials are granted by the Supreme Court. Prescribing how briefs of evidence in motions for new trial shall be made. Prescribing process on indictments and special presentments against corporations, and mode of trying the same. WHEN TRANSFERS AND LIENS SHALL TAKE EFFECT AS AGAINST THIRD PARTIES. No. 339. An Act to provide when transfers and liens shall take effect as against third parties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That deeds, mortgages and liens of all kinds, which are now required by law to be recorded in the office of the Clerk of the Superior Court of each county within a specified time, shall, as against the interests of third parties acting in good faith, and without notice, who may have acquired a transfer or lien binding the

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same property, take effect only from the time they are filed for record in the Clerk's office. And the said Clerk is required to keep a docket for such filing showing the day and hour thereof, which docket shall be open for examination and inspection as other records of his office. Deeds, mortgages and liens take effect from the time they are filed for record in the Clerk's office. SEC. II. That the Clerk of the Superior Court of each county shall be required to keep a general execution docket, and that as against the interests of third parties acting in good faith and without notice, who may have acquired a transfer or lien binding the defendant's property, no money judgment obtained within the county of the defendant's residence, in any court of this State, whether Superior Court, Ordinary's Court, County Court, City Court, or Justice Court, or United States Court in this State, shall have a lien upon the property of the defendant from the rendition thereof, unless the execution issuing thereon shall be entered upon said docket within ten days from the time the judgment is rendered. When the execution shall be entered upon the docket after the ten days, the lien shall date from such entry. Clerk required to keep general execution docket. SEC. III. That, as against the interests of third parties acting in good faith and without notice, who may have acquired a transfer or lien binding the defendant's property, no money judgment obtained in any court of this State, or United States Court in this State, outside of the county of the defendant's residence, shall have a lien upon the property of the defendant in any other county than where obtained, unless the execution issuing thereon shall be entered upon the general execution docket of the county of his residence within thirty days from the time the judgment is rendered. When the execution shall be entered upon the docket after the thirty days, the lien shall date from such entry. When liens, as against third parties shall take effect. SEC. IV. That nothing in this Act shall be construed to affect the validity or force of any deed, or mortgage, or judgment, or other lien of any kind, as between the parties thereto. SEC. V. That for entering such execution as aforesaid upon the general execution docket the Clerk shall be entitled to a fee of ten cents, to be taxed in the bill of costs, and also a fee of ten cents for entering on the filing docket each deed or mortgage, or other lien. Clerk's fees. SEC. VI. That this Act shall not go into operation until three months after the same is approved by the Governor, and it shall not apply to transfers and liens acquired, or judgments obtained, before the expiration of the three months. Goes into effect. SEC. VII. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved October 1, 1889.

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REQUIRING ASSIGNEES OF FAILING OR INSOLVENT DEBTORS TO GIVE BOND AND SECURITY. No. 381. An Act to require assignees of failing or insolvent debtors to give bond and security for the faithful discharge of their duties; providing how and by whom suit shall be brought on said bonds, and to provide for the appointment of a receiver on failure of an assignee to give bond, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this act, every assignee appointed under a voluntary deed of assignment made by a failing or insolvent debtor for the benefit of creditors shall, before entering on the discharge of his duties as assignee, make and execute a good and sufficient bond in double the amount of the assets assigned, conditioned for the faithful performance of his duties as assignee, and payable to the Ordinary (and his successors in office) of the county in which the assignee shall reside; which bond shall be fixed in amount and approved by said Ordinary. Assignees of insolvent debtors required to give bond to be approved by the Ordinary. SEC. II. Be it further enacted by the authority aforesaid, That any person injured or damaged by the management of said assignee of the property assigned, or by his failure to perform his duties as assignee, may sue said assignee and his securities on said bond, in the name of the Ordinary for the use of the plaintiff. Suit on said bond may be brought against the assignee and his securities jointly, without first sueing the assignee in a separate action. May be sued for damages by persons injured by assignees failure to perform his duties. SEC. III. Be it further enacted by the authority aforesaid, That in the event of the failure of the assignee named in the deed of assignment to give said bond and security, a majority of the creditors in interest of the assignor, shall have the power to select some person to act as assignee who shall give like bond and security, which said person so selected by a majority of said creditors shall give bond and security within ten days after the execution of said deed of assignment, and said deed of assignment shall remain valid until the expiration of said ten days. In the event of the creditors aforesaid failing to provide an assignee who shall give bond and security within the ten days provided for, the Judge of the Superior Court shall appoint a receiver, who shall give bond and security in an amount to be fixed by the Judge, to take charge of the property assigned, and who shall execute the trust if the assignment is otherwise valid. Failing to make bond majority of creditors select another assignee. When receiver may be appointed.

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SEC. IV. Be it further enacted by the authority aforesaid, That if said assignee appointed in the deed of assignment shall fail to qualify, the Sheriff of the county of the assignor's residence shall take charge of the property assigned and hold the same until the assignee selected by the creditors of the assignor shall qualify, and if said assignee selected by said creditors do not qualify within ten days after the execution of the deed of assignment, the Sheriff shall deliver up the property to the original assignee. Assignee failing to qualify the sheriff to take charge of the property. SEC. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. PROVIDING PUNISHMENT FOR EXECUTORS, ADMINISTRATORS, GUARDIANS AND TRUSTEES FOR FRAUDULENT USE OF ESTATES. No. 382. An Act to provide for the punishment of any Executor, Administrator, Guardian or Trustee who shall fraudulently and willfully convert to his own use any moneys or other thing of value belonging to the estate in his hands, by reason of his appointment as such Executor, Administrator, Guardian or Trustee. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That if any Executor, Administrator, Guardian or Trustee shall fraudulently and willfully convert to his own use any money, bank bill or bills, note or notes, bill or bills of exchange, draft or drafts, check or checks, bond or bonds, or other security, or order for the payment of money or other valuable thing, or any cotton, corn or other produce, goods, wares or merchandise, or any other thing or things of value, which now are or hereafter may come into his hands, by reason of his said office of Executor, Administrator, Guardian or Trustee, or shall, in a like manner, convert to his own use the proceeds of the whole or any part thereof, and to the injury of those entitled to the said property, or the proceeds thereof, according to the laws of this State; and without paying to the person entitled thereto on demand, legally made in writing, the full value or market price thereof, such Executor, Administrator, Guardian or

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Trustee shall be deemed guilty of embezzlement, and on conviction shall be punished by imprisonment and labor in the penitentiary for not less than two nor longer than seven years. Penalty for Executor, Administrator, Guardian or Trustee who converts to his own use assets of an estate. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be repealed. Approved October 16, 1889. AMENDING AN ACT PROIVDING FOR THE AMENDMENT OF AFFIDAVITS TO FORECLOSE LIENS. No. 446. An Act to amend an Act entitled an Act to provide for the amendment of affidavits to foreclose liens, approved October 5th, 1887, so as to allow all affidavits that are the foundation of legal proceedings, and all counter affidavits, to be amended, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 1 of the Act to provide for the amendment of affidavits to foreclose liens, approved October 5th, 1887, be and the same is hereby amended by inserting after the words including mortgages, the words and all affidavits that are the foundation of legal proceedings and all counter affidavits, and to further amend by adding at the end of the said section and pleas, so that said section as amended shall read: Section 1. Be it enacted by the General Assembly of the State of Georgia, That all affidavits hereafter made in this State for the foreclosure of liens, including mortgages, and all affidavits that are the foundation of legal proceedings, and all counter affidavits, shall be amendable to the same extent as ordinary declarations, and with only the restrictions, limitations and consequences now obtaining in the case of ordinary declarations and pleas. Amends section 1. Amendment of affidavits to foreclose liens. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved October 25, 1889.

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DISPOSITION OF SUITS FOR ENFORCEMENT OF EQUITABLE CAUSES OF ACTION AT THE FIRST TERM. No. 462. An Act to provide for the disposition of suits for the enforcement of equitable causes of action of the first term, by consent of the parties to such suits. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all petitions filed for the enforcement of equitable rights which prior to the Act, approved October 24, 1887, entitled An Act to provide a uniform mode of procedure in civil suits, except as herein provided, could have been enforced by bills in equity, may be, by consent of the parties thereto, heard, determined and disposed of by judgment or decree at the first term, if service has been properly perfected. Provides for hearing and disposing of equity cases at first term. SEC. II. Be it further enacted, That this Act shall apply to all cases commeneed before the passage of this Act, as well as to those which may be hereafter commeneed. Cases affected. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. MODE OF PERFECTING SERVICE BY PUBLICATION. No. 495. An Act to provide for the time and mode of perfeeting service by, publication. SECTION I. Be it enacted by the General Assembly of Georgia, That in all cases where the defendant or other party resides out of this State, and it is necessary to perfect service upon such person by publication, upon the fact being made to appear to the Judge of the Court in which suit is pending, either in term or vacation, said Judge may order service to be perfected by publication in the paper in which Sheriff's advertisements are printed, twice a month for two months. Said published notice shall contain the name of the parties plaintiff and parties defendant, with a caption setting forth the court and term and name or character of the action or suit,

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and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the next term of the court, to be [Illegible Text] within three months from the date of said order, and shall bear [Illegible Text] in the name of the Judge and be signed by the Clerk, if there be one, of said court. To perfect service on non-residents by publication. SEC. II. Be it further enacted, That in all cases where the residence or abiding place of the absent or non-resident party is known, the party obtaining the order shall file in the office of the Clerk of said Court, at least thirty days before the term next after the order for publication, a copy of the newspaper in which said notice is published, with said notice plainly marked, and thereupon it shall be the duty of said Clerk at once to enclose, direct, stamp and mail said paper to said party so named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process and order of publication, out of the State, shall be equivalent to deposit in the post-office when proved to the satisfaction of the Judge, by affidavit or otherwise. Copy of publication to be field in office of Clerk, to be mailed to non-resident party. SEC. III. Be it further enacted, That in all cases where service by publication is ordered, it shall be the duty of the Judge trying the case, before the trial thereof, to determine whether such service has been properly perfected, and to write an order to that effect, which shall be placed upon the petition in said case as showing service thereof, and also entered upon the minutes of the court. Judge to determine if service has been properly perfected. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 29, 1889. AUTHORIZING APPOINTMENT OF TWO SHORTHAND WRITERS FOR SUPREME COURT. No. 532. An Act to authorize the Judges of the Supreme Court to appoint two shorthand writers 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 writers, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Judges of the Supreme Court of this State are authorized to appoint two

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shorthand writers for the use of said court, whose duties and salaries shall be the same as those preseribed in the Act approved December 24th, 1886, entitled 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. Judges of Supreme Court to appoint two shorthand writers. Their duties and salary. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved November 4, 1889. DEFINING THE RIGHTS OF LANDLORDSMAKING IT A PENAL OFFENSE FOR CROPPER TO DISPOSE OF CROP IN CERTAIN CASES. No. 555. An Act to define the rights of landlords; to declare the effect of certain contracts; to make it penal for any cropper to sell or dispose of crops in certain cases, and to make certain acts of the landlord indictable, 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 whenever the relation of landlord and cropper exists, the title to and right to control and possess the crops grown and raised upon the lands of the landlord by the cropper shall be vested in the landlord until he has received his part of the crops so raised, and is fully paid for all advances made to the cropper in the year said crops were raised to aid in making said crops. Title to and right to control crops of croppers. SEC. II. Be it further enacted by the authority aforesaid, That any cropper who shall sell or otherwise dispose of any part of the crop grown by him, without the consent of the landlord, and before the landlord has received his part of the entire crops and payment in full for all advances made to the cropper in the year said crops were raised to aid in making said crops, shall be guilty of a misdemeanor, and be punished as prescribed in section 4310 of the Code of Georgia; and any landlord who shall, with intent to defraud his cropper, fail or refuse, on demand, to deliver to the cropper the part of the crop, or its value, coming to the cropper, after payment for all said advances made to him as aforesaid, shall likewise

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wise be guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code of Georgia. Cropper cannot sell or dispose of crop without consent of landlord. Penalty for defrauding cropper. SEC. III. Be it further enacted by the authority aforesaid, That in all cases when a cropper shall sell, or otherwise dispose of any part of a crop, in violation of the provisions of this Act, or where the cropper seeks to take possession of such crops, or to exclude the landlord from the possession of said crops, while the title thereto remains in the landlord, the landlord shall have the right to repossess said crops by possessory warrant, or by any other process of law by which the owner of property can recover it under the laws of this State. Landlord has right to recover where crops are disposed of without his consent. 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 November 5, 1889. PRESCRIBING MANNER OF TAKING CASES TO THE SUPREME COURT. No. 592. An Act to prescribe the manner of taking cases to the Supreme Court; to confine the decision of the Supreme Court to the specifically alleged errors, and for other purposes. SECTION I. Be it enacted by the General Assembly, That no case shall be taken to the Supreme Court by bill of exceptions, except in the following manner: If the case is not one in which a motion for new trial is to be renewed, the plaintiff in error shall plainly and specifically set forth the errors alleged to have been committed, and shall incorporate in the bill of exceptions a brief of so much of the written and oral evidence as is material to a clear understanding of the errors complained of, and shall specify therein such portions of the record as are material to such understanding. If none of the evidence is material to elucidate the errors complained of, this fact shall be stated and the evidence omitted. The Judge to whom such bill of exceptions is tendered shall, if needful, change the same so as to conform to the truth and contain all the evidence, and to refer to all of the record necessary to a clear understanding of the errors complained of; and he shall require the Clerk to send up only so much of the record as he may certify is material, except as

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hereinafter provided. If the plaintiff in error shall so elect, he may have such brief of so much of the evidence as is necessary to a clear understanding of the errors complained of, approved by the Judge, and made a part of the record and sent up by the Clerk as a part thereof, rather than have the same incorporated in the bill of exceptions. Mode of taking cases to the Supreme Court by bill of exceptions. The Judge may change bill of exceptions so as to conform to the truth. SEC. II. Be it further enacted, That when a party desires to review the judgment of the court in granting or refusing a new trial, the plaintiff in error shall specifically set out the errors complained of, and shall specify only so much of the brief of evidence and such other parts of the record as are material to a clear understanding of the errors complained of. The Judge to whom such bill of exceptions is tendered shall, by any needful alteration, cause the same to conform to the truth and to refer to so much of the evidence and such other parts of the record as are material to a clear understanding of the errors complained of; and he shall cause the Clerk to send up only so much of the evidence and other parts of the record as he may certify are material, except as hereinafter provided. The plaintiff in error, at his election, may incorporate the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of in the bill of exceptions, rather than have the same sent up in the record. To review the judgment the plaintiff in error shall specifically set out errors complained of. May incorporate a brief of evidence. SEC. III. Be it further enacted, That the form of the certificate of the Judge to the bill of exceptions shall be as follows: I do certify that the foregoing bill of exceptions is true, and contains (or specifies, as the case may be) all of the evidence, and specifies all of the record material to a clear understanding of the errors complained of; and the Clerk of the Court of is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and certify the same as such, and cause the same to be transmitted to the term of the Supreme Court, that the errors alleged to have been committed may be considered and corrected. Form of certificate of the Judge. SEC. IV. Be it further enacted, That if a defendant in error excepts in any case by bill of exceptions, he shall prepare his bill of exceptions and proceed in the same manner as herein above provided, but shall not take up any portion of the evidence or record that is taken up in or by the main bill of exceptions, save as hereinafter provided. Defendant in error may except and proceed in same manner as provided. SEC. V. Be it further enacted, That if the defendant in error, in either the main or cross-bill of exceptions, shall desire more of the evidence or other parts of the record, or all of the evidence or all of the record, sent up, he shall, within twenty days after the bill

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of exceptions is served on the defendant, or his attorney, petition the Judge who signed the same to order the whole, or any part of the record, sent up by the Clerk, and the Judge shall order the same certified accordingly and sent up. If it should clearly appear to the Supreme Court that any superfluous or immaterial part of the record has been brought up at the instance of the defendant, the Court shall designate such part in the judgment of affirmance or reversal, and the cost of bringing up the same shall be paid by such party. And should the Clerk below embody in the transcript of the record any part of the record not specified in the bill of exceptions, or in the Judge's order, he shall be allowed nothing for that part of the transcript. When additional evidence is required. Superfluous or immaterial parts of the record. SEC. VI. Be it further enacted, That the Supreme Court shall not decide any question unless it is made by a special assignment of error in the bill of exceptions, and shall decide any question made by a specific assignment of error in the bill of exceptions. What the Supreme Court shall decide. SEC. VII. Be it further enacted, That this Act shall go into operation on January 1, 1890. Goes into effect. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. FIXING THE VENUE OF JUSTICE COURTS IN THE CITIES OF THIS STATE. No. 596. An Act to fix the venue of Justice Courts in cities of this State having a population of over fifteen thousand, and to locate the times and places of holding said Courts. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all Justice Courts and Notary Public ex-officio Justice of the Peace Courts for Militia Districts, embraced in whole or in part within the corporate limits of any of the cities of this State, having by the United States census a population of over fifteen thousand inhabitants, shall have jurisdiction as fixed by the Constitution in and over said district and in and over said city, and shall hold their courts monthly at fixed times and places at some convenient place within said district or

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city. Said time and place to be fixed as now provided by law. Said Justice and said Notary Public ex-officio Justice of the Peace may hold their courts at the same or different time, or at the same or different place, as they may desire. Fixing the venue of Justice Courts in cities having a population of over fifteen thousand people. 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 November 11, 1889. ADDITIONAL METHOD OF ASSERTING THE LIEN OF LIVERY STABLE KEEPERS. No. 623. An Act to provide an additional method of asserting the lien of livery stable keepers in this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, in addition to the manner already provided by law, every livery stable keeper may assert the lien which is given him under the law of this State, on stock placed in his care for keeping, by reducing to writing a statement of the amount due him for the care of said stock, and a description of the stock on which said lien is claimed, and making affidavit thereto, and recording the same in the Clerk's office of the Superior Court of the county where said service was rendered; and when said lien is so recorded, it shall have the same dignity and effect as is now given by law to the lien of livery stable keepers where they retain possession of the stock placed in their careful keeping, which lien shall be recorded whilst such property is in the possession of such livery stable keeper, and as mortgages on personalty are required to be recorded. How livery stable keepers may assert liens given them under the laws of this State. SEC. II. Be it further enacted, That said liens may be foreclosed as mortgages on personalty are now foreclosed by law. How foreclosed. 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 November 11, 1889.

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HOW JURORS SHALL BE DRAWN IN CERTAIN CASES. No. 630. An Act to provide how Jurors shall be drawn in certain criminal and civil cases; to provide compensation for 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, that the Judge presiding in the trial of any criminal or civil case in this State may, when at any time the regular panels of Petit Jurors, or either of them cannot be furnished, either to make up panels of forty-eight for the trial of felonies, or panels of twenty-four from which to take juries in civil cases or misdemeanors, because of the absence of any such panels, where said panels or any part of them are engaged in the consideration of any case, to cause said panels, not full, for the reasons aforesaid, to be filled by summoning such number of persons, who are competent jurors, as may be necessary to make full said panels, and such panels of twenty-four shall be used as the regular panels of twenty-four are; and the presiding Judge may in his discretion draw the tales jurors from the jury boxes of the county, and order the Sheriff to summon the jurors so drawn, or he may order the Sheriff to summon tales jurors as now provided by law, and tales jurors empaneled in the above cases shall be paid as other jurors for the time of actual service. How jurors shall be drawn to complete panels in certain cases. Compensation. 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 November 11, 1889. WHAT SHALL OPERATE AS A RE-CONVEYANCE OF THE TITLE TO PROPERTY CONVEYED TO SECURE A DEBT. No. 722. An Act to provide what shall operate as a re-conveyance of the title to property conveyed to secure a debt. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in all cases where property may have been or may

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hereafter be conveyed to secure a debt, the surrender and cancellation of such deed, in the same manner that mortgages are now cancelled, on payment of such debt to any person legally authorized to receive the same, shall operate to re-convey the title to said property to the grantor, his heirs, executors, administrators or assigns, and such cancellation may be entered of record by the Clerk of the Superior Court in the same manner that cancellations of mortgages are now entered. To recover the title of property conveyed to secure a debt. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. TO FIX WITH CERTAINTY ON THE DOCKETS THE PLACES OF CASES IN WHICH THE SUPREME COURT HAS GRANTED NEW TRIALS. No. 730. An Act to fix with certainty on the dockets the places of cases in which new trials are granted by the Supreme Court. SECTION I. Be it enacted by the General Assembly, That any case in which a new trial is granted by the Supreme Court shall stand on the docket for trial at the next term after the remittitur is returned from the Supreme Court, as though no trial was had. Places of cases granted a new trial. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act are hereby repealed. Approved November 12, 1889. PRESCRIBING HOW BRIEFS OF EVIDENCE IN MOTIONS FOR NEW TRIAL SHALL BE MADE. No. 746. An Act to prescribe how briefs of evidence in motions for new trial shall be made, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the brief of evidence required in all motions for new trial shall be a condensed and succinct brief of the material

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portions of the oral testimony, including therein a similar brief of interrogatories read on the trial. In such brief of the evidence there shall be included the substance of all material portions of all documentary evidence; Provided, that all documentary evidence copied as an exhibit or set out in the pleadings and introduced in evidence, shall not be set out in the brief except by reference to the same. In all cases in which the tesimony has been stenographically reported, the same may be reduced to narrative form, or the stenegraphic report may be used in whole or in part in making up the brief, but immaterial questions and answers and parts thereof stricken. The intention being in every case, as far as possible, to shorten the brief, and to include therein only material portions of the evidence. What briefs of evidence shall contain. 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 November 13, 1889. PRESCRIBING PROCESS ON INDICTMENTS AND SPECIAL PRESENTMENTS AGAINST CORPORATIONS, AND MODE OF TRYING THE SAME. No. 752. An Act to prescribe process on indictments and special presentments against corporations, and to prescribe the mode of trying the same. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, whenever any indictment or special presentment against any corporation doing business in this State is returned, or filed in any court in this State having jurisdiction of the offense, the Clerk of said Court shall issue an original and copy notice to the defendant corporation of the filing of such indictment or special presentment, which copy notice shall be served by any Sheriff of this State upon any officer of such corporation to be found in his county; and if there be no such officer in his county, then upon any agent of such corporation; and the Sheriff serving such copy notice shall make an entry of such service on the original notice, and return the same to the Court from which it issued, and such service shall be service upon the corporation, and the said indictment or special presentment shall, upon the

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return of said notice executed as provided in this Act, stand for trial. On the trial of any such indictment or special presentment, if the defendant corporation fails to appear, or appearing fails to plead, the Judge shall cause to be entered a plea of not guilty, and the trial shall proceed as though the defendant had appeared and plead. Special presentiment or indictment against railroads. Prefecting service. Defendant failing to appear, the Judge may enter a plea. SEC. II. Be it further enacted, That upon the conviction of any corporation in any such trial, there shall be rendered against said corporation a judgment for the fine imposed in said Court, together with the costs of the prosecution, upon which said judgment an execution shall issue against the property of the defendant corporation. Upon conviction judgment may be rendered. SEC. III. Be it further enacted, That all laws and part of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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TITLE VIII. EDUCATIONPUBLIC. To Amend, Revise and Consolidate the Common School Laws of Georgia. Admitting White Female Students into all of the Branch Colleges of the State University. Amending Act to Amend. Revise and Consolidate the Common School Laws of Georgia. TO AMEND, REVISE AND CONSOLIDATE THE COMMON SCHOOL LAWS OF GEORGIA. No. 689 An Act to amend an Act entitled an Act to amend, revise and consolidate the Common School Laws of the State of Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, section 20, of the School Law of 1887, be amended by adding to said section the following: That the County Boards of Education, whenever, in their opinion, the good of the schools in their respective counties demand it, may, at their discretion, at their first meeting after the passage of this law, appoint three intelligent, upright citizens of each sub-district of their respective counties to act as School Trustees for their sub-districts, naming one of the appointees to serve for one year, and one for two, and one for three years; and as vacancies occur by the expiration of the terms of incumbents, the Boards shall fill those vacancies with appointees whose term of service shall be three years; and should vacancies occur by death, resignation, or otherwise, the Boards of Education shall fill these vacancies for the unexpired term; and whenever School Trustees are chosen as herein provided, the fact shall be recorded in the minutes of the County Boards, and

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the appointees shall receive certificates of their appointment from the County School Commissioner, and these certificates shall be their sufficient warrant for entering upon and performing the duties of their office. Amends section 20 of the School Law of 1887. School Trustees. To fill vacancies. SEC. II. Be it further enacted, That it shall be the duty of the School Trustees herein provided for to supervise the school operations of their sub-districts; to visit the schools, and to make such recommendations to the County Boards, in relation to the school interests of their sub-districts, as may seem to them best, and especially in the matter of choosing teachers for their sub-districts. It shall be their right to recommend applicants, and it shall be the duty of the County Boards to choose as teachers the persons so recommended; Provided, they shall be persons duly qualified and eligible according to the provisions of existing law; and furthermore, it shall be the duty of the School Trustees, in recommending persons as teachers, to recommend those persons who, in their opinion, are the choice of the communities to be served; and it shall furthermore be the duty of the School Trustees to make a written report, once a year, to the County Boards in relation to the matters committed to their supervision, or oftener if required by the County Boards of Education. Duties of School Trustees. Proviso. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. ADMITTING WHITE FEMALE STUDENTS INTO ALL OF THE BRANCH COLLEGES OF THE STATE UNIVERSITY. No. 726. An Act to admit white female students into all of the Branch Colleges of the State University of Georgia, with equal benefits and privileges with the male students in said Institutions, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all the Branch Colleges of the State University of Georgia that have been or may hereafter be established, shall be open to all white female students of proper age and qualifications, with equal rights and privileges as those exercised and enjoyed by

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male students of such Institutions, under such rules and regulations as may be prescribed by the several Boards of Trustees of said Institutions. Admitting white female students to Branch Colleges of the University. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved November 12, 1889. AMENDING THE ACT TO AMEND, REVISE AND CONSOLIDATE THE COMMON SCHOOL LAWS OF GEORGIA. No. 766. An Act to amend an Act entitled an Act to amend, revise and consolidate the Common School Laws of the State of Georgia, and for other purposes, approved October 27, 1887. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, section XX of an Act entitled an Act to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes, be amended, and the same is hereby amended, by striking out the words owing to density of population, in the tenth line of said section; also, to amend said section of said Act by striking out the words provided that no such additional school or schools shall be allowed to exist unless it or they shall have an enrollment of not less than twenty-five scholars, in the twelfth, thirteenth, fourteenth and fifteenth lines, so that when said section of said Act is thus amended, it shall read as follows: Section XX. That the County Boards shall lay off their counties into sub-school districts, in each of which sub-school districts they shall establish one common school each for the white and colored races, where the population of the two races is sufficient, which schools shall be as near the center of the sub-school districts as can be conveniently arranged, reference being had to any school house already erected and population of said sub-school district, and to the location of white and colored schools with regard to contiguity; Provided, however, That in such sub-school districts where more than one school is demanded, then they may establish one or more additional schools in such sub-school district; And provided, also, That whenever it becomes proper to lay off new sub-school districts or alter the boundaries of those already laid off, the said

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Board shall have full power to make such changes as the public necessities may require. The said County Boards are also empowered to employ teachers in the manner hereinafter pointed out, to serve in the schools under their jurisdiction, and the contracts for said service shall be in writing, signed in duplicate by the teacher on his own behalf, and by the County School Commissioner on behalf of the Board. Amends section twenty of School Law of 1887. Counties must be divided into sub-school districts. Location of schools. Proviso. New sub-school districts. 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 November 13, 1889.

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TITLE IX. MILITARY. ACTS. Incorporating the First Regiment of Georgia Cavalry. Prescribing the number of Officers and Privates to compose a Company of Infantry. Cavalry or Artillery. Prescribing a Fatigue Uniform for the Georgia Volunteers. Requiring the Enlistment of Volunteer Troops of Georgia. INCORPORATING THE FIRST REGIMENT OF GEORGIA CAVALRY. No. 615. An Act to organize and incorporate a Regiment of Cavalry, to be called the First Regiment of Georgia Cavalry; to empower the said regiment to acquire, hold and dispose of property, and to issue bonds, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives, in General Assembly met, That the following companies of Cavalry, to-wit: The Brunswick Light Horse Guard, the Effingham Hussars, the Georgia Hussars, the Liberty Guard, the Liberty Independent Troop, the McIntosh Light Dragoons, and the Screven Troop, be, and the same are hereby organized and erected into a regiment, which shall be called The First Regiment of Georgia Cavalry; that said troops are hereby incorporated and made a body politic, under the said name of The First Regiment of Georgia Cavalry, with the right to acquire real and personal property by purchase, gift, devise, or otherwise, for the purpose of its organization, and to sell or dispose of the same; to enjoy a perpetual succession; to sue and be sued; to have and use a common seal; to make by-laws binding on its members, not inconsistent with the laws of this State, or of the United States; to exercise all such

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powers and privileges as are incident to corporations, and to do all such acts as are necessary for the legitimate execution of said purposes; Provided always, That nothing herein contained shall in any manner, defeat or impair the existing charters of incorporation of said several troops. Incorporating First Regiment of Georgia Cavalry. Rights granted. Proviso. SEC. II. Be it further enacted, That said First Regiment of Georgia Cavalry, in its corporate name, may issue coupon bonds or obligations in writing, and may make the same, or any part thereof, a first lien, by way of mortgage or otherwise, upon the whole or any portion of its property, for the purpose of raising funds to promote the object of its organization. May issue bonds. SEC. III. Be it further enacted, That said regiment shall consist of not more than twelve (12) companies, one Colonel, one Lientenant-Colonel, two Majors, (unless it shall consist of twelve companies, in which event three Majors), one Adjutant, one Quartermaster, each with the rank of First Lientenant, a Sergeant-Major, and a Quartermaster-Sergeant. To these may be added, in the discretion of the Regimental Commander, a Paymaster, a Commissary and a Surgeon, each with the rank of First Lientenant; one Veterinary Surgeon, with the rank of Sergeant-Major, and a Hospital Steward. How organized. SEC. IV. Be it further enacted, That other companies of cavalry may be attached to said regiment until the number of companies in said regiment shall be twelve, in which event said regiment shall be entitled to three Majors. Other companies may be attached. SEC. V. Be it further enacted, That all Acts and parts of Acts in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. PRESCRIBING THE NUMBER OF OFFICERS AND PRIVATES TO COMPOSE A COMPANY OF INFANTRY, CAVALRY, OR ARTILLERY. No. 638. An Act to amend Section Eleven Hundred and Three (c), of the Code of 1882, by striking out the words twenty-eight, in the second line of said section, and inserting in lien thereof the word twenty. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, section eleven hundred and three (c), of the Code of 1882, be amended by striking out the

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words twenty-eight, in the second line of said section, and inserting in lien thereof the word twenty, so that said section, when amended, shall read as follows: Every company, whether of infantry, cavalry, or artillery, shall consist of not less than twenty nor more than eighty privates, five Sergeants and four Corporals; and the officers of every company shall be one Captain, one First Lientenant and not more than two second Lientenants. No company shall be received or commissioned as part of the volunteer force of the State with less than the minimum strength above specified, and any company permanently reduced below that minimum shall be disbanded by the Governor. But nothing herein contained shall be construed to affect companies or battalions heretofore incorporated by any law of this State, or to prevent any company or battalion from bearing on its rolls honorary or exempt members. Amends section 1103 (c) of the Code. Every company shall consist of not less than twenty nor more than eighty privates. 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 November 11, 1889. PRESCRIBING A FATIGUE UNIFORM FOR THE GEORGIA VOLUNTEERS. No. 681. An Act to prescribe a Fatigue Uniform for the Georgia Volunteers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia. That within ninety days after the passage of this Act the Military Advisory Board of this State shall prescribe a complete fatigue uniform for the Georgia Volunteers, which uniform shall not be changed in any particular except by Act of the Legislature. Fatigue uniform for Georgia Volunteers. SEC. II. Be it further enacted, That the said Advisory Board shall make a contract, or contracts, for the making and furnishing of the uniform prescribed, with one or more firms or persons, on such terms as said Board may decide, and shall, on application, furnish a copy of said contract to each company in the State; Provided, That if uniforms are received from the United States Government, said uniforms furnished shall be considered a compliance with the law. Advisory Board to contract for making same. SEC. III. Be it further enacted, That all laws militating against this Act be, and the same are repealed. Approved November 12, 1889.

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REQUIRING THE ENLISTMENT OF THE VOLUNTEER TROOPS OF GEORGIA. No. 713. An Act to require the enlistment of the Volunteer Troops of said State, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly, That within ninety days from the approval of this Act, each member of the Volunteer Force of this State shall enlist for the term of twelve months, or, in default thereof that the name of such person be dropped from the roll. Enlistment of volunteer forces. SEC. II. Be it further enacted, That the form of such enlistment shall be prescribed in a General Order, to be issued by the Adjutant General and forwarded to regimental, battalion and independent company commanders. Form of enlistment. SEC. III. Be it further enacted, That the Advisory Board prescribe the mode and manner of transferring a member from one company to another. Mode of transfer. SEC. IV. Be it further enacted, That each person hereafter connecting himself with the Volunteers of this State shall in like manner be enlisted. New members to be enlisted. SEC. V. Be it further enacted, That soldiers discharged for the good of the service, or dishonorably discharged or expelled from the Volunteers of this State or from the National Guard, or Volunteers of any other State, or from the army or navy of the United States, shall not be enlisted, unless such discharge or explusion shall have been revoked by proper authority. Discharged soldiers cannot enlist. SEC. VI. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved November 12, 1889.

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TITLE X. COMMON CARRIERS. ACTS. Prescribing a Penalty upon all Railroad Companies in this State failing to pay Taxes due the State by October 1st. Amending an Act providing for the Regulation of Railroad Freight and Passenger Tariffs. Amending an Act regulating Railroad Freights and Passenger Tariffs. Prohibiting False Billing, Classification, Weighing, etc., and providing Penalty for Violation of same. Requiring Prompt Settlement of Claims for Overcharges and providing Penalty for Refusal to do so. To Facilitate Service on Railroad Companies in certain cases and provide how Judgment shall be rendered against them. PRESCRIBING A PENALTY UPON ALL RAILROADS FAILING TO PAY TAXES DUE THE STATE BY OCTOBER 1 OF EACH YEAR. No. 290. An Act to prescribe and fix a penalty upon all Railroad Companies in this State which fail to pay to the State the taxes due by such railroad companies by the first day of October in each year. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, if any railroad company, or companies, doing business in this State, shall fail or neglect to pay to the State all the taxes which such company, or companies, may be due and owing to the State for taxes, by the first day of October in each year, then such railroad company, or companies, shall incur a penalty therefor of five hundred dollars, and the Comptroller-General shall immediately issue execution against such company, or companies, for the same, and collect the same. Penalty upon railroads failing to pay taxes due the State by October 1 of each year. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 17, 1889.

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AMENDING AN ACT PROVIDING FOR THE REGULATION OF RAILROAD FREIGHT AND PASSENGER TARIFFS. No. 490. An Act to amend an Act entitled an Act to provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto; and to appoint Commissioners, and to prescribe their powers and duties in relation to the same, approved October 14, 1879. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That section 5, of the above recited Act, be amended as follows: By inserting in said section, after the following clause, now contained therein: Shall make such just and reasonable rules and regulations as may be necessary for preventing unjust discriminations in the transportation of freight and passengers, the following clause: Shall have the power to make just and reasonable joint rates for all connecting railroads doing business in this State, as to all traffic or business passing from one of said roads to another; and to require the location of such depots, and the establishment of such freight and passenger buildings, as the condition of the road, the safety of freight and the public comfort may require, so that the whole section shall read as follows: Section V. That the Commissioners appointed as hereinbefore provided, shall, as provided in the next section of this Act, make reasonable and just rates of freight and passenger tariffs, to be observed by all railroad companies doing business in this State, on the railroads thereof; shall make reasonable and just rules and regulations, to be observed by all railroad companies doing business in this State, as to charges at any and all points for the necessary handling and delivering of freights; shall make such just and reasonable rules and regulations as may be necessary for preventing unjust discriminations in the transportation of freight and passengers on the railroads in this State; shall have the power to make just and reasonable joint rates for all connecting railroads doing business in this State, as to all traffic or

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business passing from one of said roads to another; Provided, however, That before applying joint rates to roads that are not under the management and control of one and the same company, the Commissioners shall give thirty days' notice to said roads of the joint rate contemplated, and of its division between said roads, and give hearings to roads desiring to object to the same; shall make reasonable and just rates of charge for use of railroad cars carrying any and all kinds of freight and passengers on said railroads, no matter by whom owned or carried; and shall make just and reasonable rules and regulations, to be observed by said railroad companies on said railroads, to prevent the giving or paying of any rebate or bonus, directly or indirectly, and from misleading or deceiving the public in any manner as to the real rates charged for freight and passengers; Provided, That nothing in this Act contained shall be taken as in any manner abridging or controlling the rates for freight charged by any railroad company in this State for carrying freight which comes from or goes beyond the boundaries of the State, and on which freight less than local rates on any railroad carrying the same are charged by such railroad; but said railroad companies shall possess the same power and right to charge such rates for carrying such freights as they possessed before the passage of this Act; and said Commissioners shall have full power, by rules and regulations, to designate and fix the difference in rates of freight and passenger transportation to be allowed for longer and shorter distances on the same or different railroads, and to ascertain what shall be the limits of longer and shorter distances. And said Railroad Commissioners shall have power to require the location of such depots, and the establishment of such freight and passenger buildings, as the condition of the road, the safety of freight and the public comfort and convenience may require, upon the giving of such railroad company to be affected thereby the same notice as hereinbefore provided. Amends section 5 of original Act. Commissioners to make just rates of freight and passenger tariffs. To prevent unjust discrimination. Thirty days' notice must be given where joint rates are contemplated. Proviso. To fix rates for longer and shorter distances. Location of depots. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889.

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AMENDING AN ACT PROVIDING FOR THE REGULATION OF RAILROAD FREIGHT AND PASSENGER TARIFFS IN GEORGIA. No. 607. An Act to amend an Act entitled an Act to provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discriminations and extortion in the rates charged for transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees, in this State, from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto, and to appoint Commissioners, and to prescribe their powers and duties in relation to the same, approved October 14, 1879. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 14 of the above recited Act be amended as follows: By omitting after the word Governor the word semi-annual, and substituting therefor the word annual, so that said section shall read as follows: Sec. 14. That it shall be the duty of the Commissioners herein provided for to make to the Governor annual reports of the transactions of their office, and to recommend, from time to time, such legislation as they may deem advisable under the provisions of this Act. Amends section 14 of original Act. Commissioner to make annual reports to the Governor. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved November 11, 1889.

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PROHIBITING FALSE BILLING, CLASSIFICATION, WEIGHING, ETC., BY COMMON CARRIERS. No. 652. An Act to prohibit false billing, classification, weighing, etc., by common carriers or their officers or agents, or by consignors or consignees, and to provide a punishment for the same; also, to prohibit inducements to common carriers to discriminate or aiding in diseriminating, and to provide punishment for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act any common carrier of freights within the limits of the State of Georgia, or whenever such common carrier is a corporation, or any officer or agent thereof, or any person acting for or employed by such corporation, who, by means of false billing, false classification, false weighing, or false report of weight, or by any other device or means, shall knowingly and willfully assist, or shall willingly suffer or permit any person or persons to obtain transportation for property from and to points within the limits of this State at less than the regular rates then established and in force on the line of transportation of such common carrier, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as is prescribed in section 4310 of the Code of 1882. Prohibiting common carriers from making false bills or classifications. Penalty for violating same. SEC. II. Be it further enacted, That any person and any officer or agent of any corporation or company who shall deliver property for transportation from and to points within the limits of this State to any common carrier of freights within this State, or for whom as consignor or consignee, any such carrier shall transport property, who shall knowingly and wilfully, by false billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates then established and in force on the line of transportation shall be deemed guilty of fraud, which is hereby declared to be a misdemeanor, and shall, upon conviction thereof, be punished as is prescribed in section 4310 of the Code. Prohibiting consignor or consignee from false billing, etc. Penalty for violating same. SEC. III. Be it further enacted, That if any such person, or any officer or agent of any such corporation or company shall, by payment

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of money or other thing of value, solicitation, or otherwise, induce any common carrier of freight within this State, or any of its officers or agents, to discriminate unjustly in his, its or their favor, as against any other consignor or consignee in the transportation of property from and to points in this State, or shall aid or abet any common carrier in any such unjust discrimination, such person or such officer or agent of such corporation or company shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed in section 4310 of the Code; and such person, corporation or company shall also, together with said common currier, be liable jointly or severally in an action on the case to be brought by any consignor or consignee discriminated against in any court in the State, of competent jurisdiction, for all damages caused by or resulting therefrom. To prevent unjust discrimination. Penalty. Liable for damages. SEC. IV. Be it further enacted, That every railroad or transportation company in this State shall furnish suitable and adequate facilities for correctly weighing all freight offered for shipment in car load lots in this State at points where the volume of business offered is sufficient to warrant the expense; and if any officer or agent of a railroad or transportation company, or person acting for or employed by such railroad or transportation company shall, by reason of over weights or false billing, cause such railroad or transportation company to charge on any shipment for more than the actual weight of such shipment, the said railroad or transportation company shall be liable to the owner of such shipment in damages for an amount equal to twice the charges on the excess weight so charged. Facilities for weighing freight must be furnished by transportation companies. SEC. V. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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REQUIRING RAILROADS OR OTHER COMMON CARRIERS TO PROMPTLY SETTLE CLAIMS FOR OVERCHARGES, AND PROVIDING PENALTY FOR REFUSING TO DO SO. No. 666. An Act to require Railroads or other common carriers to promptly settle claims made for overcharges of freight, and to provide penalties for failure or refusal to so settle said claims, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That in all cases where any railroad or other common carriers shall demand and receive for goods shipped from within or without this State to any point in this State, any overcharge or excess of freight over and beyond the proper or contract rate of freight, and a demand in writing for the return or repayment of such overcharge or excess of freight is made by the person paying the same, said railroad or common carrier shall refund said overcharge within thirty days from said demand; and if said railroad or common carrier shall fail or refuse to settle within thirty days, or within said time to refund said overcharge or overpayment, then said railroad or common carrier shall be liable to said person making the overpayment in an amount double the amount of the overpayment, to be recovered in any court having jurisdiction of the same, and more than one claim for such excess may be joined in the same suit. Prompt settlements for overcharges required. Penalty for not settling within thirty days. 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 November 12, 1889.

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TO FACILITATE SERVICE ON RAILROAD COMPANIES IN CERTAIN CASES. No. 744. An Act to facilitate service on Railroad Companies in certain cases, and provide how judgment shall be rendered against them. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, whenever any railroad company incorporated under the laws of this State, or whose line of road may extend into this State, may have leased their line of road to any person or corporation, and if said lessee or lessees are in possession of said road, service on such leasing company may be perfected as follows: The plaintiff shall file with the Clerk of the Court, Judge of the County Court, or Justice of the Peace, where such suit is commenced, a notice in writing, directed to the President of the leasing company, informing him fully of the pendency of such suit and its nature, which shall be enclosed in a stamped envelope, to be furnished by and at the expense of the plaintiff, and sent by said Clerk, County Judge or Justice through the mail to the President of the leasing company, at his residence, at least fifteen days before the appearance term; and said Clerk, Judge or Justice shall, in addition, deliver to the Sheriff or Constable a copy of the writ or summons, who shall serve the same on the depot agent of said lessees, and make return thereof as in other cases. Service on railroad companies. How perfected. SEC. II. Be it further enacted, That if the residence of the President of the leasing company is unknown to the party and to his attorney bringing such suit, an affidavit showing the fact, filed, together with the declaration, shall be sufficient, instead of notice to the President, required in the first section of this Act; Provided, that the plaintiff shall not be compelled to bring suit against any such lessee and give the notice as herein provided, but may do so at his option; but when such notice is given to the lessee, the judgment rendered in said suit shall be as binding upon the lessee as though service had been made as now provided by law for service upon railroad companies. Where residence of President is unknown. 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 November 12, 1889.

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AMENDING AN ACT REGULATING RAILROAD FREIGHTS AND PASSENGER TARIFFS IN GEORGIA. No. 775. An Act to amend an Act to provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of foreclosure and rules of evidence in relation thereto, and to appoint Commissioners, and to prescribe their powers and duties in relation to the same, approved October 14, 1889. SECTION I. The General Assembly of the State of Georgia do enact, and it is hereby enacted by authority of the same, That section 6 of the above recited Act be amended by striking therefrom the following words at the close of said section, viz: Stating the name of the paper in which the same was published, together with the date and place of publication, so that the last clause of said section shall read as follows: All such schedules purporting to be printed and published as aforesaid shall be received and held in all such suits as prima facie the schedules of said Commissioners, without further proof than the production of the schedules desired to be used as evidence, with a certificate of the Railroad Commission that the same is a true copy of the schedule prepared by them for the railroad company or corporation therein named; and that the same has been duly published as required by law. Amends section 6 of original Act. Printed schedules of Commissioners held as prima facie evidence. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved November 13, 1889.

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TITLE XI. MISCELLANEOUS. ACTS. Prohibiting sale of spirituous liquors to intoxicated persons. Exempting toll bridges from taxation in certain cases. Encouraging the construction of telegraph lines, and conferring powers on the owners. Regulating the catching of oysters on the coast of Georgia. Prohibiting sale or furnishing cigarettes, tobacco, or cigarette paper, to minors. Declaring all escapes from the penitentiary negligent unless otherwise shown. Amending Act prescribing time for cutting turpentine boxes, and for other purposes. Authorizing the Governor to issue bonds to meet public debt falling due October, 1890. Repealing Act declaring the head of navigation of the Ocmulgee river. Fixing the salaries of the State Librarian and the Assistant Librarian. Amending Act prohibiting sale or furnishing cigarettes, tobacco, or cigarette paper, to minors. Authorizing the Governor to sell the Old Capitol Building, in Atlanta. Providing for the publication of Grand Jury Presentments. Allowing Guardians to sell the estates of their wards for re-investment. Requiring railroads to build and maintain farm-crossings and cattle guards. Ratifying and confirming orders and decrees of Superior Courts granting or renewing charters. Authorizing the Trustees of the State Lunatic Asylum to appoint a Marshal. Regulating hours of labor in cotton and woolen manufacturing establishments. Prohibiting cock fighting, or betting thereon, and prescribing punishment for the same. Protecting rights of owners and underwriters of vessels loading at Georgia ports. Establishing Farmers' Institutes. Requiring employers of females to supply suitable seats, and permit their use when not in active discharge of duty. Requiring owners of buildings of more than two stories to provide more than one way of egress, and for other purposes. Requiring dealers in flour or meal to brand or print thereon the number of pounds in each sack. Authorizing lease of the Indian Spring Reserve. Amending an act establishing Experiment Station and Experimental Farm. Requiring door-keepers, galary-keepers, messengers and other employees of the Senate and House to personally perform the duties for which they are appointed. Authorizing the trustees of the Lunatic Asylum to discharge Thomas S. Marston. To encourage the construction of Telegraph Lines in Georgia. Authorizing State Depositories in lieu of executing a bond to deposit with the State Treasurer Fifty Thousand Dollars in Georgia Bonds. Empowering towns and cities to hold in trust property or money conveyed to them to be used in the care of private lots in cemeteries. Authorizing Guarantee Companies to become security upon the bonds of State and county officers.

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To prevent intrusion on camp-grounds and provide a penalty for the same. Amending Act granting certain privileges to Building and Loan Associations. Councilmen and aldermen of towns and cities ineligible to any other municipal office. Number of House and Senate Journals to be printed and manner of disposing of the same. Providing for the reviver of corporations. Mode of obtaining injunctions to restrict cutting or boxing timber for turpentine purposes. Granting certain privileges to corporations, companies, partnerships or individuals constructing or operating water works. Making penal the printing, advertising or publishing lotteries or gift enterprises. Providing for conditional sale of railroad equipment or rolling stock or leasing the same. To provide for the probate of foreign wills. PROHIBITING SALE OF SPIRITUOUS LIQUORS TO INTOXICATED PERSONS. No. 175. An Act to prohibit the sale of spirituous liquors by a seller of spirituous liquors to any person who is at the time intoxicated or drunk; to prescribe a penalty for its violation, 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 any seller of spirituous liquors who shall sell or furnish liquors or other intoxicating drinks to any person who is at the time intoxicated or drunk, shall be deemed guilty of a misdemeanor, and on conviction be punished as prescribed in section 4310 of the Code. Selling or furnishing liquor to intoxicated persons Penalty. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 26, 1889.

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EXEMPTING TOLL BRIDGES FROM TAXATION IN CERTAIN CASES. No. 181. An Act to exempt Toll Bridges from taxation in certain cases. SECTION I. Be it enacted by the General Assembly, That when any person or persons, partnership or corporation, whether residing in or out of this State, is or are the proprietor of any toll bridge or bridge on which toll may be lawfully charged in this State, such bridge shall be considered and treated as public property, and shall be exempt from taxation whenever and so long as the proprietor thereof shall allow it to be used absolutely and entirely as a free bridge, and shall keep the same in good repair and safe condition for the free use of the public. When toll bridges may be exempt from taxation. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 1, 1889. ENCOURAGING THE CONSTRUCTION OF TELEGRAPH LINES. No. 276. An Act to encourage and authorize the construction of telegraph lines in the State of Georgia, and conferring certain privileges and powers on the owners, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That any Telegraph Company, chartered by the laws of this or any other State of the United States, shall, upon making due compensation as hereinafter provided, have the right to construct, maintain and operate telegraph lines through or over any lands of this State, and on, along, and upon the right of way and structures of any railroads, and, where necessary, under or over any private lands in this State; Provided, That the posts, arms, insulators and other fixtures of such lines be so erected, placed and maintained as not to obstruct or interfere with the ordinary use of such railroads, or with the convenience of any land owners more than may be unavoidable. Right to construct telegraph lines. Proviso. SEC. II. Be it further enacted, That whenever any such telegraph company desires to construct its lines on, along, or upon the

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right of way and structures of any railroad, or on, along, and upon the roadway of any incorporated turnpike, or in case it should be necessary to construct the same over or under any private lands in this State, the said telegraph company shall have the right, by its agents, to peaceably enter upon and survey, locate and lay out its said lines thereon, and may contract with the owner or owners of any such railroad for the use of its right of way and structures, or with any turnpike company for the use of its right of way, for telegraph purposes, and may agree and contract with the owner or owners of any land for an easement thereon, for the purpose of constructing, maintaining and operating its lines as herein provided; and in case said lands belong to the estate of deceased persons, the said company may agree and contract with the executors or administrators thereof; and if the same belong to persons non compos mentis, or a minor, then with the guardian; or in case said lands be held by trustees, then with such trustees; said executors, administrators, guardians and trustees being hereby declared competent to make such contracts, which shall be binding upon all parties in interest; and said executors, administrators, guardians and trustees shall be liable in their respective bonds to those interested for any moneys received by them under such contracts or agreements; and if the parties in such company prefer, the question of such compensation shall be referred to arbitrators, mutually chosen, whose award, or, in case of disagreement, that of the umpire, shall be binding between the parties, the umpire to be selected by the two arbitrators appointed by the parties. Use of right of way granted. How to obtain rights of way from corporations or individuals. With estates. SEC. III. Be it further enacted, That in case the telegraph companies cannot agree with the railroad companies, or other companies, or with the owners of the lands as to the compensation, the amount of such compensation may be determined under section 3024 of the Code of Georgia, and said telegraph company shall have all the rights and privileges granted by that section upon complying with its terms. If the railroad or other company, or owner or owners of the land, refuses or fails to appoint an arbitrator when notified to do so, for the space of ten days, then it shall be the duty of the Ordinary of the county to make such appointment. When the lands of private parties are taken, the arbitration shall be in the county where the land lies. Proceedure in case of disagreement. 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. SEC. V. Be it further enacted, That this Act shall take effect upon its passage. To take effect. Approved September 12, 1889.

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REGULATING THE CATCHING OF OYSTERS ON THE COAST OF GEORGIA. No. 298. An Act to repeal Section 1618 of the Code of 1882, providing in what manner oysters may be taken, and providing forfeitures for unlawful taking thereof; also to repeal Section 1619 of said Code, providing proceedings for violation of said Section 1618 of the Code; also to repeal Section 1621 of the Code, giving exclusive rights to oyster privileges to certain land owners; also to repeal Section 1623 of the Code, so far as it applies to penalties for violation of Section 1621 of the Code; also to repeal Section 1621 (c) of said Code, providing a penalty for disturbing oyster beds; also to repeal the Act of 1873, approved February 20, 1873, entitled An Act to encourage the oyster business in this State, and providing that the Mayor and City Council of Savannah, Brunswick, St. Marys and Darien may make rules and regulations to encourage and protect the people of this State in making oyster beds and propagating oysters, and giving said cities jurisdiction over the waters within their limits, and in the counties in which the said cities are located, and in lieu and place thereof, substituting an Act providing in what manner, at what seasons, and for what purposes oysters may be caught in the State of Georgia; the method of lease of public domain within the State of Georgia for oyster planting, propagation and cultivation; the revenue to be paid therefor; the penalties for violations of this Act, and for other purposes therein mentioned. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1618 of the Code of 1882, providing in what manner oysters may be taken, and providing forfeitures for the unlawful taking thereof; section 1619, providing for proceedings for violations of said section 1618 of the Code; section 1621 of said Code, giving exclusive rights to oyster privileges to certain land owners; section 1623 of said Code, so far as it applies to penalties for violations of said section 1621 of the Code; section 1621 (c), providing a penalty for disturbing oyster beds, and the Act of 1873, approved February 20, 1873, entitled An Act to encourage the oyster business in this State, and providing that the Mayor and City Council of Savannah, Brunswick, St. Marys, and Darien may make rules and regulations to encourage the people of this State in making oyster

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beds and propagating oysters, and giving said cities jurisdiction over the waters within their limits, and in the counties within which said cities are located, be as to each of said sections of the Code, and as to the Act of 1873 in this section described, and the same are hereby repealed. Repeals certain sections of the Code. SEC. II. Be it further enacted by the authority aforesaid, That it shall not be lawful to prick, tong, dredge, or in any other manner, take or catch oysters from any of the waters of this State, except from private beds, from the first day of May to the thirty-first day of August, inclusive, of each and every year, except for the purpose of replanting the same in the waters of this State; nor shall it be lawful for oysters to be taken for any purpose during any season from one hour after sunset on Saturdays, until one hour before sunrise on the succeeding Mondays. Unlawful to catch oysters from May 1 to August 31. SEC. III. Be it further enacted by the authority aforesaid, That it shall not be lawful to rough take or catch oysters from any of the public beds within the waters of this State, unless the same shall be culled over the beds from which they may be taken, except when the weather is such as to render it dangerous to remain at the beds; Provided, That the terms of this section shall not apply to the taking of oysters for the purpose of replanting the same in any of the waters of this State. Unlawful to rough take oysters. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That it shall not be lawful to take or catch any oysters in any of the waters of this State with or by a scoop, rake, drag or dredge, or by the use of any other instrument than the oyster tongs, heretofore in general use for taking oysters, except within the waters more than 1,000 feet distant from the shore line at ordinary mean low tide; Provided, That oysters may be taken by any means or device from any private bed by the owner or lessee thereof, and for the purposes of transplanting to other beds in this State from territory unleased within said limits of 1,000 feet; but, in the last case, only upon the consent and approval of the County Commissioners for the county within which said territory may be located, or upon the consent and approval of the Ordinary for those counties which may have no Board of County Commissioners, which consent shall be given in all cases in which application is made for the purpose of transplanting oysters to other beds within the waters of this State, from such beds as are not resorted to by the citizens of this, State for the purpose of procuring oysters for consumption or for sale. Unlawful to use scoop, rake, drag or dredge in certain waters. Proviso. SEC. V. Be it further enacted by the authority aforesaid, That any person violating any or either of the three foregoing sections of

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this Act shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished as prescribed in section 4310 of the Code of 1882. Penalty prescribed. SEC. VI. Be it further enacted by the authority aforesaid, That when oyster banks or beds of oysters of natural formation be within rivers or creeks of this State, not exceeding 130 feet in width at ordinary mean low tide, and not used for purposes of navigation, the person or persons having the ownership of the lands of both sides of such creeks or rivers shall have the exclusive right to the usufruct of such banks or beds of oysters as aforesaid; Provided, however, That the rights of opposite riparian proprietors shall only extend to the middle of the stream. Oyster beds in creeks or rivers not exceeding 130 feet in width private property. SEC. VII. Be it further enacted by the authority aforesaid, That the County Commissioners in each of said counties, or where there is no Board of County Commissioners, then the Ordinary for said county, upon the application of any person for certain territory in any of the navigable waters of this State, and within a distance of one thousand feet from the shore, at ordinary mean low tide, upon satisfactory proof on hearing had before the County Commissioners or Ordinary that such territory has been duly staked off at the line of ordinary mean low tide, for a period of thirty days before the hearing of such application, shall execute a lease for twenty years with a privilege of renewal for thirty years more, to such applicant as may first apply for such territory not already appropriated, where there are no natural public beds which have, prior to the applications, been resorted to by the public, for the purpose of procuring oysters with the use of tongs for consumption or sale; Provided, however, That any person who has already planted any ground within said county shall have the preference in obtaining a lease of such grounds; and upon the application of any other person for said territory, the proper authorities to execute said leases shall give thirty days' notice of such application by posting a notice at the court house door, and if the person who has planted oysters thereon shall make application therefor before the expiration of said thirty days, it shall be leased to him, but otherwise to the aforesaid applicant; Provided, That the provisions of this section shall not apply to oyster beds staked out under laws heretofore existing, nor to territory within 120 feet of the line of ordinary mean low tide in front of and adjoining habitable highlands returned for taxation. Application to lease territory made to County Commissioners or Ordinary. Privilege of renewal. Proviso. SEC. VIII. Be it further enacted by the authority aforesaid, That said leases shall convey the exclusive privilege of bedding or planting oysters thereon, to the distance of 1,000 feet beyond mean low water mark, and within such limits each applicant shall be entitled

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to not more than five acres of such territory, which need not be continnous, but within such allotment such lessee shall not be entitled to more than two planting places; and provided, that such lessee deposits at least one hundred bushels of dead shells, or plants one hundred bushels of oysters to every acre of planting ground, at the rate of one acre or more each year, until the five acres have been planted; and provided, also, that he cause to be placed at intervals of one hundred yards, along the line of ordinary mean low tide of such planting ground, a post not less than eleven feet in height, and board attached, the latter not less than one foot square, upon which a black letter O, not less than eight inches long, has been plainly painted on a white ground; Provided, also, that along navigable streams subject to entry under this Act, the right of no lessee of any five-acre tract, under this Act herein provided for, shall extend beyond the middle of the stream; Provided, further, that said lessee shall have no authority to sub-let or to assign his lease until after the expiration of five years from the date of his entry thereunder; and provided, further, that in the event the said lessee shall fail to comply with the requirements of this section as to the cultivation of said territory, he shall forfeit so much of said territory as has not been cultivated as hereinbefore required, and that if said lessee shall at any time during the term of his lease abandon said territory, and cease to cultivate oysters thereon, for the space of one year, said lease shall be void, and the territory shall revert to the State. Privilege of bedding or planting oysters. Requirements of lessees. Marking planting ground. Leases not to be sublet until the expiration of five years. SEC. IX. Be it further enacted by the authority aforesaid, That upon the application of any person, or persons, made to the County Commissioners of the county within which said territory may be situated, or where there are no County Commissioners, then to the Ordinary for said county, for territory within the navigable waters of this State, for which no application has already been duly made, and which is located more than one thousand feet distant from any shore line at ordinary mean low tide, upon which to cultivate oysters, or propagate the same by artificial methods, which said application shall particularly describe the territory desired. Said County Commissioners or said Ordinary shall require the applicant to advertise in the newspaper, which is the official paper of the county in which the territory is located, for thirty days, a notice of said application, particularly describing the territory desired and its location in reference to the nearest lands, and upon the expiration of said advertisement, the said County Commissioners or said Ordinary shall, unless satisfactory proof is made to them on a hearing duly had, that said territory, prior to the filing of said application,

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has been resorted to by the public for the purpose of procuring oysters by the use of tongs, for consumption or sale, grant, in the name of and in behalf of the State, to such person or persons, by written instrument, a lease of such territory for fifty years for the purpose of cultivating and propagating oysters, and thereupon the person or persons to whom the same may be leased shall, under the direction of the County Surveyor, distinetly stake or buoy the same, and shall cause a survey of said territory to be made, and placed on file in the office of the Clerk of the Superior Court for record with said lease: Provided, That no applicant shall be entitled to receive from said authority a lease for more than five hundred acres within said waters; and, provided, further, That the planting, cultivating and dredging of oysters therein, shall, in no wise interfere with navigation. Advertising notice of application for lease of oyster grounds. May lease for term of fifty years. Proviso. SEC. X. Be it further enacted by the authority aforesaid, That each person applying for and receiving a lease of 500 acres or less, under section 9 of this Act, shall plant at least one-tenth of said leased territory, at the rate of not less than one hundred bushels of oysters or shells per acre, in each and every year, beginning with the planting season next after a lease therefor has been executed, and for a failure thereof, the lessee of said territory shall forfeit to the State so much of said territory as is not so cultivated as prescribed by this section; and if said lessee shall at any time during the term of his lease abandon said territory, and cease to cultivate oysters thereon for one year, said lease shall be void, and said territory revert to the State. Oysters shall not be taken from said territory for sale or for consumption until at least one year after oysters or shells have been planted thereon, in the proportions hereinbefore prescribed. How leased territory shall be planted. Forfeiture. SEC. XI. Be it further enacted by the authority aforesaid, That all leases under the provisions of this Act, and all transfers thereof, shall be recorded by the person or persons to whom such leases or transfers are made, in the office of the Clerk of the Superior Court, in like manner as deeds of real estate are required to be recorded, in a separate book to be kept for that purpose, but no lessee of tracts larger than five acres shall be authorized to sub-let or assign his lease, or any portion of the territory conveyed thereby, until be shall have reduced to cultivation at least one-tenth of the territory leased by him. All leases must be recorded. SEC. XII. Be it further enacted by the authority aforesaid, That for all the leases provided for by this Act, the person or persons to whom such leases are made shall pay to the proper authority making such leases, the sum of one dollar for each and every acre so leased,

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and all money so paid shall be appropriated to the school fund of the State, and in addition to said sum, a fee of fifty cents for leases of five-acre tracts or less, and for all leases of territory beyond said limit of 1,000 feet, a fee of two and a half per cent., estimated upon the amount paid for the territory thus leased, shall be paid to the authority making the lease. One dollar to be paid for each acre leased, to be applied to school fund. SEC. XIII. Be it further enacted by the authority aforesaid, That the applications and leases, hereinbefore provided for, shall be in manner and form as shall be approved by the Attorney-General of this State. Leases approved by Attorney-General. SEC. XIV. Be it further enacted by the authority aforesaid, That it shall not be lawful, without authority from the owner or owners, for any person to take or catch any oysters from any private bed, nor to remove or deface any oyster marks; and any person violating this section, shall, upon conviction, be deemed guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code. Penalty for removing oysters from private beds or removing oyster marks. SEC. XV. Be it further enacted by the authority aforesaid, That the lessees of all such leased territory shall return the same for State and County taxation in the same manner as other property is returned. Return able for taxation. SEC. XVI. Be it further enacted by the authority aforesaid, That no provision of this Act shall be so construed as to, in any manner during the open season herein provided, abridge or interfere with the rights of any citizens of this State, to enter upon and take from any public beds oysters by the use of such implements as may have been heretofore in general use in this State; and, provided further, that no provisons of this Act shall be so construed as to interfere with or abridge the wharfing privileges of riparian owners; and, provided further, that it shall not be lawful for any applicant for territory upon which to replant oysters, to receive a lease for any of the beds or planting grounds of the natural oyster beds which are resorted to by the public for the purpose of procuring oysters by the use of tongs, for consumption or sale. Rights of citizens protected. SEC. XVII. Be it further enacted by the authority aforesaid, That this Act shall go into effect on the first day of January, 1890. Takes effect. SEC. XVIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889.

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PROHIBITING SALE OR FURNISHING CIGARETTES, TOACCO OR CIGARETTE PAPER TO MINORS. No. 304. An Act to prohibit the sale, or furnishing, or giving, or providing, to minors, of cigarettes, tobacco or cigarette paper, or any substitute therefor, and to provide penalties for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for any person or persons, either by himself or themselves, to sell, furnish, give or provide any minor or minors with cigarettes, tobacco or cigarette paper, or any substitute therefor. Prohibits furnishing cigarettes, etc., to minors. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of the preceding section, either in person or by agent, or in any other way, shall be held and deemed guilty of the offense of misdemeanor, and, upon indictment and conviction therefor, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for violating same. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889. DECLARING ALL ESCAPES FROM THE PENITENTIARY NEGLIGENT, UNLESS OTHERWISE SHOWN. No. 321. An Act to declare all escapes from the Penitentiary as negligent, unless otherwise shown, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, every escape from the penitentiary of this State shall be held and deemed negligent, unless, within the sixty days allowed by law for the payment of damages for escapes, it shall be made to appear by competent evidence submitted to the Governor that said escape was not negligent. Escapes from penitentiary declared negligent. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 27, 1889.

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AMENDING ACT PRESCRIBING TIME FOR CUTTING TURPENTINE BOXES AND FOR OTHER PURPOSES. No. 379. An Act to amend an Act to prescribe the time for cutting turpentine boxes, and changing the time when it shall be unlawful to cut such boxes, and fixing the penalty for the violation of the same, and for other purposes, approved September 22, 1887. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1 of the Act approved Sept. 22, 1887, entitled an act to prescribe the time for cutting turpentine boxes, and fixing the penalty for the violation of the same, and for other purposes, be amended by striking out the word first in the fourth line of said section, and inserting in lieu thereof the word fifteenth, so that said section, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That any person persons, who shall cut turpentine boxes at any other season of the year than from the fifteenth of November, to the fifteenth of March, on his own land or the land of another, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code. Amends section 1 of original Act. Prescribing time for cutting turpentine boxes. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. AUTHORIZING THE GOVERNOR TO ISSUE BONDS TO MEET PUBLIC DEBT FALLING DUE OCTOBER, 1890. No. 426. An Act to authorize the Governor of this State to issue bonds of the State and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt which falls due October 1, 1890, not otherwise provided for, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on or after July 1, 1890, His Excellency, the Governor, be, and he is hereby authorized and empowered, with the assistance of the

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Treasurer, to issue negotiable bonds of the State to such an amount of the debt falling due October 1, 1890, as will not be paid by the sinking fund provided for, or by any other moneys in the Treasury available for that purpose at the time said bonds fall due, and negotiate the same for the purpose of raising money to pay off that portion of the principal of the public debt which falls due October 1, 1890, not otherwise provided for, said bonds to be issued and negotiated at such times and in such amounts as the Governor may in his discretion see proper in order to meet the wants of the State. Said bonds shall each be of such denominations as the Governor shall see proper to fix, and shall bear interest at a rate not exceeding four and one-half per centum per annum, the interest payable semi-annually; one hundred thousand dollars of the principal of said bonds to mature on January 1, 1917, and one hundred thousand dollars of the principal of said bonds to mature on January 1 of each year thereafter until this series of bonds is exhausted, and shall be payable, both principal and interest, at the office of the Treasurer of the State, in the city of Atlanta, Georgia, and also in the city of New York, at such place as the Governor may elect. Said bonds shall be signed by the Governor, and counter-signed by the Treasurer for said State and on its behalf. To each of said bonds shall be attached coupons for the interest, and upon each coupon shall be engraved the signature of the Treasurer of the State for it and on its behalf. The bonds shall not be sold or disposed of for less than par value. Governor authorized to issue bonds to meet public debt due in 1890. To bear interest at the rate of four and a half per cent. Where payable. Interest coupons. SEC. II. Be it further enacted, That in order to facilitate the sale and negotiation of said bonds, the Governor and Treasurer may give notice by publication, in such place or places, and for such lengths of time, as they may see proper, of their infention to issue said bonds, and they may invite bids for the same, and the lowest rate of interest at which the bidder will take said bonds, or any portion thereof; Provided, nothing herein contained shall be held or construed to limit the Governor and Treasurer to this method of sale or negotiation, but they may reject any and all bids made in response to said published notices, and, if they see proper, may proceed to dispose of said bonds by private negotiation, if, in their judgment, the best interest of the State shall demand such a course. Authorized to advertise for bids. Proviso. SEC. III. Be it further enacted by the authority aforesaid, That his Excellency, the Governor, and Treasurer, are hereby authorized to issue, upon such terms and under such regulations as they may from time to time prescribe, not inconsistent with existing laws, registered bonds in lieu of any bonds authorized to be issued in [Illegible Text] of the provisions of this Act. Said registered bonds shall

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be similar in all respects to the bonds authorized to be issued by the provisions of this Act, except they shall not be coupon bonds, and the principal and interest shall be payable only at the Treasury of the State. Said registered bonds shall bear interest at a rate not exceeding four and one-half per centum per annum, payable semi-annually. Said bonds shall be transferable on the books of the Treasurer of the State, in person or by power of attorney, the form of which shall be as follows: The Governor authorized to issue registered bonds. Where payable. Rate of interest. For value received,....., assign to..... the within registered bond of the State of Georgia, number....., of the denomination of $....., and hereby authorize the transfer thereof on the books of the Treasurer of the State of Georgia. Form of transfer. (Signature of Assignor.) Dated....., State of....., County of....., Town of..... Personally appeared before me the above named assignor, known or proved to be....., the payee of the within bond, and signed the above transfer, and acknowledged the same to be his free act or deed. [Illegible Text] my hand and official signature and seal this..... day of....., 18..... Said power of attorney shall be executed in the presence of any Judge of a Court of Record of this State, a Justice of the Peace or Notary Public, where the power of attorney is executed in this State; and if executed out of the State, then in the presence of any Commissioner of Deeds for the State of Georgia, resident in the State of assignor, or the Ordinary, or Judge of the Probate Court, or like officer of the county of the residence of the assignor. How executed. SEC. IV. Be it further enacted, That there shall be endorsed on each of the bonds issued in pursuance of this Act, the following extracts from the Constitution of this State, viz: The proceeds of the sale of the Western and Atlantic Railroad, held by the State, and any property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever so long as the State has any existing bonded debt. How bonds are to be endorsed. SEC. V. Be it further enacted, That all bonds, whether coupon on registered bonds, issued under the provisions of this Act, shall be exempt from all taxation by or under the authority of this State, or of any municipality, county or authority whatsoever. Exempt from taxation. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 23, 1889.

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REPEALING AN ACT DECLARING THE HEAD OF NAVIGATION OF THE OCMULGEE RIVER, AND LEGALIZING BRIDGE NEAR THE SAME. No. 482. An Act to repeal an Act to declare the head of navigation of the Ocmulgee River, and declare the legality of a bridge at or near the same, approved February 17, 1873, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to declare the head of navigation of the Ocmulgee River, and declare the legality of a bridge at or near the same, approved February 17, 1873, be, and the same is hereby repealed. Repeals Act declaring head of navigation of Ocmulgee River. SEC. II Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. FIXING SALARIES OF STATE LIBRARIAN AND ASSISTANT LIBRARIAN. No. 485. An Act to fix the salaries of the State Librarian and the Assistant Librarian. WHEREAS, The duties of the State Librarian and of the Assistant Librarian are constantly increasing, and their responsibilities growing greater on account of the larger number of books and pamphlets entrusted to their charge, and the additional labor required in the distribution and sale of Georgia Reports, as well as the care, soon to come, of two Libraries, instead of one, in the new Capitol. Preamble. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, the salary of the State Librarian shall be (1800) eighteen hundred dollars per annum. Salary of Librarian. SEC. II. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the salary of the Assistant Librarian shall be (800) eight hundred dollars per annum. Assistant.

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SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. AMENDING ACT, APPROVED SEPTEMBER 19, 1889, PROHIBITING SALE OR FURNISHING TO MINORS CIGARETTES. TOBACCO, OR CIGARETTE PAPER. No. 552. An Act to amend an Act, approved September 19, 1889, entitled an Act to prohibit the sale, or furnishing, or giving, or providing to minors of cigarettes, tobacco, or cigarette paper, or any substitute therefor, and to provide penalties for the same, by inserting between the words cigarettes and tobacco, in the seventh line of the first section, the word cigarette. SECTION I. The General Assembly of the State of Georgia do enact, That section 1 of the above recited Act be, and the same is hereby amended by inserting between the words cigarettes and tobacco, in the seventh line thereof, the word cigarette, so that said section, when amended, shall read as follows: Amends original Act. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall not be lawful for any person or persons, either by himself or themselves, to sell, furnish, give, or provide any minor or minors with cigarettes, cigarette tobacco, or cigarette paper, or any substitute therefor. Unlawful to furnish cigarettes, cigarette tobacco or paper to minors. 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 November 4, 1889.

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AUTHORIZING THE GOVERNOR TO SELL THE OLD CAPITOL BUILDING IN ATLANTA. No. 558. An act to authorize the Governor to sell the city lot and old Capitol building in the city of Atlanta, and all of its appurtenances, located on Marietta Street, and at public sale, after advertising the same one hundred days, and to make title to the purchaser, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That immediately after the passage of this Act, and after advertising the same one hundred days in the Atlanta Constitution and the Atlanta Journal, it shall be the duty of the Governor of the State to expose to sale at public outcry to the highest bidder, for one-half cash and balance in two cash payments, one and two years from date of sale, with interest at 8 per cent., within the hours of 10 o'clock a. m. and 4 o'clock p. m., on the day mentioned in said advertisement, the city lot and old Capitol building, in the city of Atlanta, and all of its appurtenances, together with the safes and vaults formerly used by the Treasurer and Comptroller-General of this State, located on Marietta street, and in said city. Said sale to take place at the old Capitol building; Provided, no bid shall be received which is less than one hundred and twenty-five thousand dollars; and, provided further, that the Governor shall have the right to reject any and all bids. Authorizing sale of old Capitol building in Atlanta. Minimum price. Governor may reject bids. SEC. II. Be it further enacted, That the Governor shall describe with reasonable certainty the location of said city lot, its dimensions, the structure and extent of said old Capitol building in his advertisement and notice of the sale, as provided for in the first, section of this bill. Advertisement. SEC. III. Be it further enacted, That the Governor and Secretary of State [Illegible Text] hereby authorized and required to execute and deliver a deed of conveyance for said city lot, old Capitol building and all of its appurtenances, to the purchaser, or purchasers, their heirs and assigns for said premises, under their official signatures and seals of office, on the receipt of the purchase money, which shall be turned over into the State Treasury to be applied as provided by the Constitution of this State. Governor and Secretary of State to make deed of conveyance. 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 November 5, 1889.

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PROVIDING FOR THE PUBLICATION OF GRAND JURY PRESENTMENTS. No. 573. An Act to provide for the publication of presentments when recommended by the Grand Jury. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Grand Juries of the various counties of this State are authorized and empowered to recommend to the court the publication of the whole or any part of their general presentments, and to prescribe the manner of such publication; and when such recommendation is made it shall be the duty of the Judge of the Superior Court to order the publication as recommended, reasonable charges therefor to be paid out of the County Treasury upon the certificate of the Judge as other court expenses are now paid. Grand Jury presentments. Recommended for publication. How paid for. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889. ALLOWING GUARDIANS TO SELL THE ESTATE OF THEIR WARDS FOR RE-INVESTMENT. No. 593. An Act to allow Guardians to sell the estate of their wards for re-investment; to provide the mode of obtaining leave therefor, and to regulate proceedings therein, and for other purposes therewith connected. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, by order, in term or vacation, of the Judge of the Superior Court of the county of the Guardian's appointment, any Guardian may sell the whole or any part of the estate of their ward or wards, for re-investment, upon such terms and considerations and at such time and place as said Judge may order. Guardians may sell estates for re-investment.

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SEC. II. Be it further enacted, That before such application is made for leave to sell for re-investment, such Guardian shall publish once a week for four weeks in the paper in which administrators and guardian notices are published in the county of his appointment, and, if land, also where the land to be sold lies, a notice of his intention to apply for such order to sell for re-investment, stating the time and place in the county of his appointment at which said application will be made, the particular property to be sold and the reasons for applying for such leave to sell. Said Guardian shall have a copy of the petition served personally upon each of his wards, and also upon at least one of the next of kin of said wards in said county other than said Guardian; said petition shall fully describe the whole estate of said wards, the income therefrom, the expense thereof, the expenses of said wards, the cause of the desire to sell, the particular property in which the proceeds are to be re-invested and the benefit to the wards; said petition shall be verified by the oath of the Guardian, and before granting the same the Judge shall carefully examine into the matter and satisfy himself by evidence other than the verified petition that said order to sell and re-invest should be granted; said Judge shall also appoint a Guardian ad litum as provided by existing laws for sale of trust estates in which minors are interested. Must publish notice of application for leave to sell in public gazette once a week for four weeks. Copy of petition must be served on wards. Judge must appoint Guardian ad litum. SEC. III. Be it further enacted, That said Guardian as to such sales and re-investment shall comply with all the requirements and be subject to all the provisions of the Act approved September 5, 1887, requiring a report by Trustees making sales and providing a remedy for failure to make re-investment and report. His duties. SEC. IV. Be it further enacted, That all of said proceedings shall be recorded in the office of the Clerk of the Superior Court on the minutes of said court. Proceedings must be recorded. SEC. V. Be it further enacted, That all laws and parts of law in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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REQUIRING RAILROADS TO BUILD AND MAINTAIN FARM CROSSINGS AND CATTLE GUARDSPENALTY FOR FAILURE TO COMPLY. No. 594. An Act requiring all Railroad Companies operating lines of railroads in this State to build and maintain farm crossings and cattle guards in certain cases; to provide a penaly for failure to so do, 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 every railroad company operating lines of railroad in this State shall be required to build and maintain at its own expense, on each side of every public road or private way established pursuant to law, and on the dividing line of adjoining land owners where the railroad may cross such public roads, private ways, or dividing lines when necessary to protect said lands, good and sufficient cattle guards; Provided, That this section shall only be operative after thirty days written notice to build such cattle guards has been served on any agent or officer of such company by the owner of the lands to be affected by such cattle guards; said notice shall be directed to said railroad company, containing a description of the point where such cattle guard is desired, be signed by the said landowner or his agent or attorney, and attested by some officer with a seal; a certified copy of the same being prima facie evidence of the contents of the original notice. Provided further, That if the railroad company shall fail to build such cattle guards within the said thirty days, then the said railroad company shall be liable to the owner of the said land for all damages resulting from the failure so to build; and for each day elapsing after the said thirty days have expired, until the said cattle guard is built, in the sum of twenty-five dollars, to be recovered by said landowner in any court having jurisdiction over the same. Railroad companies required to build and maintain farm crossings, etc. Provided thirty days' notice has been given to railroad company by agent or owner of farm. Railroads liable for damages for not complying with this Act. SEC. II. Be it further enacted by the authority aforesaid, That whenever the owner of any lands over which any railroad company may have acquired the right of way, may desire the building of any additional cattle guards other than those provided for in the first section of this Act, or of any farm crossing on his said land, it shall be the duty of the railroad company, upon written notice, as provided in the first section of this Act, within ten days after the service of the said notice, to submit to the said land owner, or his

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agent, if to be found, a written estimate of the cost of such cattle guard or farm crossing; whereupon the said land owner, or his agent, if satisfied with the same, shall pay to the said company the sum so estimated, when the said company shall at once proceed to build such cattle guards or farm crossings; the cost of the farm crossing to cover only the road bed of the said railroad. In the event the land owner and the company cannot agree as to the correctness of the said estimate, then the same shall be determined in the same manner as damages for right of way, as is prescribed in 1689 (l) of the Code of 1882; Provided, That the award may be had at the instance of the land owner, or his agent, as well as at the instance of the railroad company. In the event the railroad company shall fail to comply with the foregoing provisions of this section, or to keep in good repair the said guards or crossings, it shall be liable to the land owner for all damages resulting to such land owner by the said failure to build or keep in good repair such cattle guards or farm crossings, to be recovered in any court having jurisdiction thereof. Additional cattle guards. How built and at whose expense. Where the land owner and company cannot agree. To recover damages. SEC. III. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to in any way change present laws fixing the liability of railroad companies for damages to live stock, or to prevent land owners from joining their fences to such stock gaps, or of free access from and to the said farm crossing; Provided, That this Act shall not apply to any roads, ways or crossings within the limits of any incorporated town or city. Does not effect existing laws. 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 November 11, 1889.

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RATIFYING AND CONFIRMING THE ORDERS AND DECREES OF SUPERIOR COURTS GRANTING OR RENEWING CHARTERS. No. 595. An Act to ratify and confirm the orders and decrees of the Superior Courts of this State granting or renewing the corporate existence of religious, charitable and educational associations created under the Act of February 19, 1876, with all corporate action thereunder of every kind by or with such corporations or associations, and to re-enact the said Act, approved February 19, 1876, entitled An Act to authorize the Superior Courts of this State to grant corporate powers to certain religious and educational associations, which Act is now Section 1677 of the Code of this State, and was repealed by Act of December 18, 1878, and for other purposes. WHEREAS, By Act approved February 19, 1876, section 1677 of the then Code of this State was amended so as to authorize the Superior Courts of this State to grant corporate powers in all cases where it was the design of religious and educational associations and societies to hold real and personal property in this State, without having any principal place of business; and, Preamble. WHEREAS, By Act approved December 16, 1878, section 1677 of the Code was repealed, and in lieu thereof provision was made for the granting and amending of charters of schools, academies, colleges and churches, which said Act was enlarged by the Act, approved October 13th, 1879, providing for the incorporation of library, literary or other charitable associations, and the said Acts are now sections 1676 (a) and 1676 (b) of the Code, and as amended by the Act of October 16, 1885, are now of force; and, WHEREAS, Corporations have been created by the Superior Courts of this State, and are now acting under the provisions of said Act of February 19, 1876, and they desire to avoid all questions of doubt as to their legality and corporate existence, which can or may arise from the repeal of said Act, as aforesaid; now, therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the orders of the Superior Courts granting corporate existence to corporations created under the Act of February 19, 1876, be, and the same are hereby ratified and confirmed, with each and every contract made,

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or act done in the corporate name, by or with the corporation thereof since the passage of said Act. Ratifies Superior Court charters. SEC. II. Be it further enacted, That the said Act, approved February 19, 1876, as now embodied in section 1677 of the present Code of this State be, and the same is hereby re-enacted, and the authority therein contained given to the extension or the amendment of all charters contemplated in the said section, whether the original charter of the corporation so to be extended or amended was granted by the General Assembly of this State or a Superior Court of this State. Re-enacts section 1677 of the Code. SEC. III. Be it further enacted, That by resolution of the corporation entered on the minutes thereof, the county of its legal residence may be changed from the county where it was incorporated by the order of the Superior Court to some other county where its head or chief executive officer resides; Provided, That such resolution of the corporation shall be recorded on the minutes of the Superior Court which granted the charter of the corporation, and also on the minutes of the Superior Court of the county in which the corporation seeks to locate its legal residence. Legal residence may be changed. Proviso. SEC. IV. Be it further enacted, That all contracts made with the said corporations, or all deposits of title made for the purpose of securing to the said corporations moneys held and owned by them, shall be legal and valid, and payment may be enforced in the same manner and in the same way as if done by a private individual. Validity of contracts. SEC. V. Be it further enacted, That said corporations now created or hereafter created pursuant to the provisions of this Act be, and they are hereby authorized to act in their corporate capacity as trustee to administer and carry into effect any charitable trust heretofore or hereafter created by deed or by will, which is consistent with the objects of the corporate existence. Charitable trusts. SEC. VI. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved November 11, 1889.

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AUTHORIZING THE TRUSTEES OF THE STATE LUNATIC ASYLUM TO APPOINT A MARSHAL. No. 598. An Act to confer upon and give authority to the Trustees of the State Lunatie Asylum to appoint a Marshal to exercise police powers upon the premises of said Lunatie Asylum, 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 after the passage of this Act, the Trustees of the State Lunatic Asylum shall have power to appoint a Marshal, whose duty shall be to arrest any person or persons found upon the premises of said Institution guilty of disorderly conduct; or who shall use any obscene, profane or vulgar language; or who shall play at any game of cards or any game of chance for money or other thing of value; or who shall sell any malt beer, wine or other alcoholic liquors; or who shall be found within or upon the premises of said Lunatic Asylum in a state of intoxication; or who shall trespass upon the premises or lands of said Asylum after due notice has been given. Trustees authorized to appoint a marshal. His duties defined. SEC. II. Be it further enacted by the authority aforesaid, That the said Marshal be authorized to turn over to the municipal authorities of the city of Milledgeville any person or persons arrested who may commit offenses that come within the jurisdiction of said municipal authorities (and authority is hereby conferred upon the municipal authorities of the city of Milledgeville, to try and to punish such offenders), and to the authorities of Baldwin county any person or persons arrested who commit offenses that come within the jurisdiction exercised by said county authorities, to be dealt with as the law directs in each case. All witnesses shall be summoned by said Marshal, on process issued by the Mayor of Milledgeville, or by the proper legal authorities of Baldwin county; Provided, the provisions of this Act shall not be so construed as to increase the expenses of said Asylum to the State. Must turn over offenders to municipal authorities of Milledgeville for punishment. Proviso. SEC. III. Be it further enacted by authority aforesaid, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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REGULATING HOURS OF LABOR IN COTTON AND WOOLEN MANUFACTURING ESTABLISHMENTS. No. 599. An Act to fix and regulate the hours of labor in all cotton or woolen manufacturing establishments in this State, and to provide remedies for violations of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1890, the hours of labor required of all persons employed in all cotton or woolen manufacturing establishments in this State, except engineers, firemen, watchmen, mechanics, teamsters, yard employes, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed eleven hours per day, or the same may be regulated by employers, so that the number of hours shall not in the aggregate exceed sixty-six hours per week; Provided, that nothing herein contained shall be construed to prevent any of the aforsaid employes from working such time as may be necessary to make up lost time, not to exceed ten days, caused by accidents or other unavoidable circumstances. Regulates hours of labor in cotton or woolen manufacturing establishments. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all contracts made, or entered into, whereby a longer time for labor than is provided in the foregoing section of this Act, shall be required of said employes, hereinbefore described, shall be absolutely null and void, so far as the same relates to the enforcement of said contracts with said employes, any law, usage, or custom to the contrary notwithstanding. Contracts void where a longer time of labor is required. SEC. III. Be it further enacted by authority of the same, That any cotton or woolen manufacturing establishments that shall make or enforce any contract in violation of the foregoing section with any person as an employe therein, shall be subject to a forfeiture of an amount not less than twenty and not more than five hundred dollars for each and every such violation. Penalty for enforcing such contracts. SEC. IV. Be it further enacted by authority of the same, That any person with whom said contract is made, or any person having knowledge thereof, shall be competent to institute suit against said cotton or woolen manufacturing establishments, under the rules prescribed for bringing suits in this State; and that the amount recovered as a forfeiture shall enure to the benefit of the Board of

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Education of the county in which said violation may have occurred. Suits may be instituted against any person making such contracts. SEC. V. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. PROHIBITING COCK-FIGHTING OR BETTING THEREON, AND PRESCRIBING PUNISHMENT FOR THE SAME. No. 601. An Act to prohibit cock-fighting or betting thereon, and to prescribe a punishment for the same. SECTION I. The General Assembly of Georgia do enact, That from and after the passage of this Act, any person, or persons, who shall, for sport or gaming purposes, fight or cause to fight any chickens, cocks or other fowls, or who shall maintain, keep or carry on any cock-pit, or other similar place for the fighting of chickens, cocks or other fowls, or who shall bet, wager or stake any sum of money or other thing of value on the result of any such fight or contest, in this State, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4725 of the Code of Georgia of 1882. Prohibits cock-fighting or betting on same. Penalty. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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TO PROTECT RIGHTS OF OWNERS AND INSURERS OF CARGOES OF VESSELS LOADING AT PORTS OF THIS STATE. No. 605. An Act to protect the rights of owners and insurers of cargoes of vessels loaded or loading at the ports of this State for foreign or domestic ports, so as to give such owners or insurers or their agents the right to control property damaged on vessels in waters within the jurisdiction of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, whenever any cotton or merchandise on any vessel loading or loaded within the waters of this State is damaged by fire or water, or both, while within the waters of this State, the owners or insurers of such cotton or merchandise, or the agents of either or any of them, shall, after having given a satisfactory bond for the payment of the pro rata share of said cotton or merchandise in any liability for salvage, and in the expenses of general or particular average, and after having given a bond to hold the ship harmless against the liens of those holding the bills of lading for said cotton or merchandise, be authorized to take possession of and control such damaged cotton or merchandise and use, manage and dispose of the same for the protection of the interest of such owners or insurers in such property, any law, usage, custom or anything in the contract of affreightment with the owner, master or agent of such vessel to the contrary notwithstanding; Provided That, as between the owner and insurer, the rights and powers of the owner shall be prior and superior to the rights and powers of the insurer, except as specially stipulated in the contract of insurance. Protects rights of owners of merchandise on any vessel loading or loaded within the waters of this State damaged by fire. Proviso. SEC. II. Be it further enacted, That nothing herein shall be construed to relieve such owner or master of such vessel from taking proper care of such damaged property in the event that the owners or insurers, within a reasonable time after such damage, fail to take control of such cotton or merchandise, and nothing herein contained shall be construed to relieve said damaged property from the liability imposed by existing laws and customs to contribute its proportion to the expenses accruing up to the time said property is taken possession of by the owner, insurer or agent. Owner or master of vessel must take care of damaged property. 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 November 11, 1889.

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ESTABLISHING FARMERS' INSTITUTES. No. 606. An Act to establish Farmers' Institutes in this State; to provide for the management of the same; to authorize the use of certain funds for the support of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That as soon as practicable after the passage of this Act, the Board of Directors of the Georgia Experiment Station shall organize and have conducted throughout the State each year during the season most convenient to the agriculturists, a series of Farmers' Institutes for the instruction of citizens of this State in the better methods of agriculture in its various branches. These Institutes shall be held at such time and at such places as said Board may direct. The said Board shall make such rules and regulations as it may deem proper for organizing and conducting such Institutes. In selecting lecturers for said Institutes, preference shall be given to practical successful farmers, possessing aptitude for the work. The exercises of said Institutes shall be so arranged as to present the results of the most recent investigation in practical agriculture. Board of Directors of the Experiment Station to organize and have conducted a series of Farmers' Institutes. SEC. II. Be it further enacted by the authority aforesaid, That it shall be the duty of said Board aforesaid to apply exclusively to the support of said Institutes any moneys which may come into its possession under any Act which the Federal Congress may hereafter pass in aid of Farmers' Institutes, and any moneys which may be derived from any other source as a gift or donation in aid of Farmers' Institutes. Said Board shall account to the Governor for all such moneys, quarterly, showing in detail amounts received, sources whence derived, and how expended. Reports, as to moneys which may be received under any Act of the Federal Congress, as above indicated, shall conform to Congressional requirements. Biennially, said Board shall, through the Commissioner of Agriculture, report to the Governor, in detail, its acts and doings as to said Institute. The biennial report shall embrace all the facts contained in the quarterly reports herein required. For the support of Farmers' Institutes. Quarterly reports. Biennial reports to the Governor. 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 November 11, 1889.

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REQUIRING EMPLOYERS OF FEMALES TO SUPPLY SEATS, AND PERMIT THEIR USE WHEN NOT IN ACTIVE DISCHARGE OF DUTY. No. 609. An Act to require persons or corporations employing females in manufacturing, mechanical or mercantile establishments to provide suitable seats, and permit their use by such females, when not necessarily engaged in the active duties for which they were employed; to provide penalties for violations of this Act, and for other puposes. SECTION I. Be it further enacted, That all persons and corporations employing females in manufacturing, mechanical or mercantile establishments must provide suitable seats, and permit their use, by such females when not necessarily engaged in the active duties for which they were employed. Employers of females must provide seats for their use. SEC. II. Be it further enacted, That any person who shall fail to comply with the requirements of the first section of this Act, and the officers of any corporation, which shall fail to comply with the requirements of the first section of this Act, shall be guilty of a misdemeanor; and, on conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00), nor more than twenty-five dollars ($25.00) for each offense. Penalty for violation of section 1. SEC. III. Be it further enacted, That this Act shall go into effect upon the first of January, 1890. Takes effect. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved November 11, 1889.

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REQUIRING OWNERS OF BUILDINGS OF MORE THAN TWO STORIES TO PROVIDE MORE THAN ONE WAY OF EGRESSPRECAUTIONS AGAINST FIRE, AND PENALTY FOR NOT COMPLYING WITH THIS ACT. No. 610. An Act to require the owners of buildings more than two stories in height, not including the basement, used in the third or higher stories, in whole or in part, as a factory or workshop, to provide more than one way of egress from each story of said building, above the second story; to describe where they shall be located, how they shall be constructed and reached, and that they shall be kept clear of obstructions; to require that main doors shall open outwardly, and to require that each story shall be amply supplied with means for extinguishing fires; to require certain officials to examine said buildings annually and report their condition to their municipal or county authorities; to permit municipal authorities to pass ordinances applying the provisions of this Act to all buildings, not used as private residences, three or more stories in height, within their limits; to provide penalties for violation of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That owners of every building more than two stories in height, not including the basement, used in the third or higher stories, in whole or in part, as factory or workshop, shall provide more than one way of egress from each story of said building, above the second story, by stairways, on the inside or outside of said building and such stairways shall be, as nearly as may be practicable, at opposite ends of each story, and so constructed that, in case of fire, the ground can be readily reached from the third and higher stories. Stairways on the outside of said building shall have suitable railed landings at each story above the first, and shall connect with each of said stories by doors or windows, opening outwardly, and such doors, windows and landings shall be kept at all times clear of obstructions. All the main doors of such buildings, both inside and outside, shall open outwardly, and each story shall be amply supplied with means for extinguishing fires. Owners of buildings more than two stories in height required to provide more than one way of egress in case of fire. SEC. II. Be it further enacted, That the municipal authorities of the town or city, where such building is situated, or the Ordinary of the county, if the building is situated outside of any town or city, shall require the Fire Marshal, or chief officer of the fire department,

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and if there is no Fire Marshal nor Chief Fireman, then some other suitable official, to examine such buildings at least once a year, and report in writing to said municipal authorities, or said Ordinary, that the requirements of the first section of this Act have or have not been complied with. If not complied with the municipal authorities or the Ordinary of the county, as the case may be, shall notify in writing the owner of such building, to provide needful alterations or additions. Examination of buildings required, and reports made to Ordinary or municipal authorities. SEC. III. Be it further enacted, That the municipal authorities of any town or city in this State, may, by ordinance, provide that the provisions of this Act shall apply to all buildings, not used as provate residences, three or more stories in height, within their limits. Authority of municipal authorities. SEC. IV. Be it further enacted, That this Act shall go into operation on the first day of January 1890, and that within six months from that date, the owners of buildings referred to in this Act, shall make all alterations or additions necessary to comply with the requirements of this Act, and after the first day of July 1890, the examinations shall be made as required by the second section of this Act, and the reports of such examinations shall be made to the authorities designated, by or before the first day of January, 1891, and thereafter the examinations and reports shall be made during the months of December in each year, commencing with December, 1891. Takes effect January 1, 1890. SEC. V. Be it further enacted, That owners of buildings referred to in this Act, who fail to comply with the requirements of the first section of this Act, within the time designated in the fourth section, or after having received written notice from the designated authorities, shall refuse or neglect to make the alterations specified in said written notice, shall be guilty of a misdemeanor, and in the first case, shall be liable to a fine not less than twenty-five nor more than one hundred dollars, but in the second case, after having received written notice, shall be liable to a fine of not less than twenty-five nor more than one hundred dollars for each month that said refusal or neglect continues, commencing thirty days from the date when said written notice has been received by said owner. Penalty for failure to comply with section 1 of this Act. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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REQUIRING DEALERS IN FLOUR OR MEAL TO BRAND OR PRINT THEREON NUMBER OF POUNDS CONTAINED IN EACH SACK. No. 627. An Act to require each and every miller or manufacturer of flour, or of corn meal, and every merchant or dealer selling or offering for sale said articles, to stamp or have printed on each sack in which either of said articles are packed, in plain figures, the exact number of pounds of flour or corn meal, as the case may be, contained therein; to prescribe a penalty for the violation of the provisions of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That after the passage of this Act, it shall be the duty of each and every miller or manufacturer of flour or of corn meal (and every merchant or dealer), sacking said articles, to stamp or have printed on each sack in which either of said articles are packed, in plain figures not less than one and one-half inches in length, the exact number of pounds of flour or corn meal, as the case may be, eontained therein; Provided, The provisions of this Act shall not apply to grist ground for toll. Any person or persons violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Prorided, This Act shall not apply to merchants or dealers selling flour or meal in quantities less than a full sack. Manufacturers and dealers in flour and meal required to brand or priut thereon exact weight of each package. Penalty. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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AUTHORIZING LEASE OF THE INDIAN SPRINGS RESERVE. No. 631. An Act to authorize the Governor to lease the Indian Springs Reserve, in the town of MeIntosh, county of Butts; to prescribe the duties of the lessee or lessees; to provide how the lease may may be forfeited; to provide for transfer of the lease, and for other purposes. SECTION I. Be it enacted by the General Assembly, That the Governor shall lease to the highest bidder at public outcry, in the city of Atlanta, the Indian Springs Reserve, consisting of ten acres of land, more or less, in the town of MeIntosh, Butts county, Georgia, upon which is situated a dwelling house and out building, known as the Park House, a bath house and a mineral spring, known as the Indian Spring. Before leasing said property the Governor shall advertise the proposal to lease the Spring for sixty days in one of the Atlanta papers and in a leading daily paper in each of the following States, to-wit: New York, Virginia, North Carolina and Tennessee. The advertisement shall contain a copy or the substance of the Act. Governor authorized to lease to highest bidder. How advertised. SEC. II. Be it further enacted, That the lease shall be for twenty-five years, with the privilege to the person or persons holding such lease, at the expiration thereof to re-lease the same for a like term on conditions of the lease herein provided for. The said lease shall be descendable, and the lessee or lessees shall have the right to dispose of the lease or any interest therein by will or otherwise. Term of lease. SEC. III. Be it further enacted, That the lessee or lessees shall, within two years after the concract is signed, erect upon the Indian Springs Reserve a hotel of sufficient size to accommodate at least three hundred guests, lay out and maintain walks upon the said reserve, and build and keep in repair all bridges or approaches to the spring. The lessee or lessees shall not sink, or permit any one to sink, a well on said reserve within three hundred feet of the Indian Spring; nor shall they make, or permit any one to make, any opening in the earth on said reserve, except such as is necessary laying walks and ornamenting the ground, and for building purposes; nor shall water, either from the tops of houses or refuse water from the houses, be permitted to flow in the direction of the Indian Spring. Lessee to erect hotel. To preserve Indian Spring.

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SEC. IV. Be it further enacted, That the public shall be permitted to use said water at the Spring and to carry it to hotels, boarding houses, and private residences for use. But no person shall, without the consent of the lessee or lessees, interfere with or use the water after it flows from the Spring or conduct the water from the Spring by pipes or other means of elevating or conducting water. Use of this water. SEC. V. Be it further enacted, That if the owner or owners of said lease shall at any time violate any of the provisions of this Act, the lease contract shall be forfeited. But there shall be no ouster of such owner of the lease until after final judgment of forfeiture in the Superior Court of Butts county. Forfeiture of contract. SEC. VI. Be it further enacted, That at the end of the lease, the owners of the same may remove the building erected thereon, provided, the same number, and equally as good buildings as are now on the reserve, are left there by the owner of the lease. Hotel buildings may be removed at expiration of lease. SEC. VII. Be it further enacted, That the Governor shall make a written contract with the lessee or lessees, in which the terms of this Act shall be set forth, and the character and value of buildings now on the reserve shall be stated. Written contraets must be made SEC. VIII. Be it further enacted, That all of the provisions of this Act shall apply to any owner of the lease. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be repealed. Approved November 11, 1889. AMENDING AN ACT ESTABLISHING EXPERIMENT STATION AND EXPERIMENTAL FARM. No. 639. An Act to amend an Act entitled An Act to establish in this State an Experiment Station and an Experimental Farm, etc., approved December 29, 1888, by striking from the sixth section thereof, in the fifteenth line of said section, the word Superintendent, and substituting the word Director, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. That the sixth section of an Act entitled An Act to establish in this State an Experiment Station and Experimental Farm, etc approved December

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29, 1888, be, and the same is hereby amended by striking from said section, in the fifteenth line, the word Superintendent, and substituting in lien thereof the word Director. Amends sixth section of original Act. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. REQUIRING DOOR KEEPERS, GALLERY KEEPERS, MIESSENGERS, AND OTHER EMPLOYES OF THE SENATE AND HOUSE TO PERSONALLY PERFORM THE DUTIES TO WHICH THEY ARE APPOINTED. No. 657. An Act to provide that all emploves and servants of the Senate and House of Representatives shall in person perform the duties for which they may be appointed or employed; to prevent subletting or substitution of other persons to perform the duties for which said officers or employers are appointed, and for other purposes. WHEREAS, it appears from investigation made by the Committee of Appropriations of the House, that the custom has become common that door keepers, gallery keepers and other employes of the House and Senate sublet their contracts or appointments, and thereby other persons not regularly appointed perform the duties for which they are employed and appointed for a less sum than the amount provided as compensation for such employes; and, Preamble. WHEREAS, As a result of this custom it happens that the persons appointed or employed obtain compensation for services not rendered by them; and, WHEREAS, It is not the policy of the State that any of its official servants shall farm out their offices; SECTION I. Be it enacted by the House of Representatives, the Senate concurring, That from and after this Act, that it shall be unlawful for any door keeper, assistant door keeper, page, gallery keeper, or any other employe or servant of the House of Representatives or Senate, to sub-let his employment or contract in

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any way whatever, nor shall the person having the appointment of any of said officers or employes consent to any such substitution of any other person for any of said officers or employes. Prohibits sub-letting or farming out offices of door keeper, gallery keeper, etc. SEC. II. Be it further enacted by the authority aforesaid, That whenever, for any reason, the person appointed to any of said offices or positions cannot personally discharge the duties of the same, said offices or positions shall become vacated, and it shall be the duty of the person in whom is vested the appointing power to appoint another person to said position so vacated for such time as the original employe cannot discharge his duties, and the compensation provided by law for said position shall, from the date of such new appointment, be paid to the new employe for the time that said new employe shall serve. When original employe cannot discharge his duties the office to be declared vacant. SEC. III. Be it further enacted, That whenever the provisions of this Act are violated, and any person is substituted for another in violation of the same, the person so substituted, as well as the person for whom he is substituted, shall not receive any compensation or pay out of the State Treasury; and it shall be the duty of the Treasurer of the State whenever any change is made in any of the persons filling any of said positions or offices, to ascertain that the change was made according to the provisions of this Act before paying any money to the new officer or employe. Penalty for employing substitutes. SEC. IV. Be it further enacted, That all of the class of officers and employes provided for in this Act, shall be paid for their services by the Treasurer only, upon the approval of their accounts by the Auditing Committee of the Senate or House of Representatives, as the case may be. How such officers shall be paid. SEC. V. Be it further enacted, That all conflicting laws are hereby repealed. Approved November 11, 1889. AUTHORIZING TRUSTEES OF THE LUNATIC ASYLUM TO DISCHARGE THOMAS S. MARSTON. No. 658. An Act to authorize the Trustees of the State Lunatic Asylum to discharge Thomas S. Marston. SECTION I. Be it enacted by the General Assembly of Georgia, That the Trustees of the State Lunatic Asylum be, and they are hereby authorized to discharge from confinement in said asylum, Thomas S. Marston. Authorizes discharge of Thomas S. Marston.

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SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. TO ENCOURAGE THE CONSTRUCTION OF TELEGRAPH LINES IN GEORGIA. No. 672. An Act to encourage and authorize the construction of Telegraph Lines in the State of Georgia, and conferring certain privileges, powers and penalties on the owners thereof, and to provide a penalty for divulging the contents of any private message by any person connected with such telegraph company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That any telegraph company, chartered under the laws of this State, or any other State of the United States, shall have the right to construct, maintain and operate lines of electric telegraph upon, along and over the highways and public roads, and across and under any waters in this State, by the erection of posts, piers, abutments and other fixtures (except bridges) necessary to sustain the wires of its lines; but it shall not incommode the use of any highways or public roads, or endanger or intercept the navigation of any waters. Rights granted telegraph companies. SEC. II. Be it further enacted, That every telegraph company shall receive from and for any other telegraph company or association, and from or for any person, on payment of the usual charge for the transmission of dispatches, according to the regulations of the company, and shall transmit the same faithfully and impartially. For every neglect or refusal so to do, the company shall forfeit a sum of not exceeding $100, to be recovered in an action of [Illegible Text] by the person, association or company sending or desiring to send the dispatch. Required to receive and transmit messages from any other company or person. Forfeit. SEC. III. Be it further enacted, That telegraph companies and associations shall receive, compute and transmit dispatches received at their offices from other telegraph companies, or by mail, at the same rate of charges as for dispatches received for transmission from individuals in person, at the same offices, bearing date of the day, and at the place of the office where any such dispatch is received. For every neglect or refusal to comply with the foregoing

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provision by a telegraph company or association, it shall forfeit a sum of not exceeding $100, to be recovered in an action of tort, by the person, company or association sending or desiring to send the dispatch. Prohibits discrimination against other companies. Penalty. SEC. IV. Be it further enacted, That it shall likewise be the duty of every company or association to transmit all dispatches in the order in which they are received, under the like penalty of $100, to be recovered, with cost of suit, by the person or persons whose dispatch is postponed out of its order, as herein prescribed; Provided, however, that arrangements may be made with the proprietors or publishers of newspapers for the transmission for the purpose of publication of intelligence of general and public interest, out of its regular order. Messages must be transmitted in the order received. Proviso. SEC. V. Be it further enacted, That any person connected with any telegraph company in this State, either as clerk, operator, messenger, or in any other capacity, who shall divulge the contents or nature of any private communication entrusted to him for transmission or delivery, or who shall refuse or neglect to transmit or deliver the same, shall, on conviction before any court, be adjudged guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Code of Georgia; and any person who shall by connivance with any clerk, operator, messenger, or other employe of any telegraph company, or otherwise wrongfully obtain any knowledge of any telegraphic message or dispatch, communication or communications, while the same shall be in course of transmission, without first having the assent or authority of some person having the right to give such assent or authority, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be likewise punished under section 4310 of the Code of Georgia. Penalty prescribed for divulging the contents of any private telegram 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. SEC. VII. Be it further enacted, That this Act shall take effect upon its passage. Goes into effect. Approved November 12, 1889.

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AUTHORIZING STATE DEPOSITORIES IN LIEU OF EXECUTING A BOND TO DEPOSIT WITH THE STATE TREASURER FIFTY THOUSAND DOLLARS IN GEORGIA BONDS. No. 683. An Act to authorize any bank which is now or may be appointed a State Depository in this State, in lieu of executing a bond, to deposit with the Treasurer of this State, Fifty Thousand Dollars in the bonds of the State of Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, That any bank, chartered under the laws of this State, or of the United States, which is now, or may hereafter be appointed a State depository of this State, may, in lieu of the bond and security now required by law, as a security to the State, deposit with the Governor Fifty Thousand Dollars in bonds of the State of Georgia. State depositories authorized to deposit bonds of the State. SEC. II. Be it further enacted by the General Assembly of Georgia, That, whenever any bank, State or National, which has been made a State depository, and has deposited bonds, as provided in section 1 of this Act, shall fail to faithfully perform such duties as shall be required of them by the General Assembly or the laws of this State; or shall fail to faithfully account for all the public moneys or effects that may have come into its hands during its continuance in office, the Governor shall sell a sufficiency of said bonds to reimburse the State the amounts due by the State depository on account of such default. Governor authorized to sell bonds of defaulting banks. 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 November 12, 1889.

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EMPOWERING TOWNS AND CITIES TO HOLD IN TRUST PROPERTY OR MONEY CONVEYED TO THEM TO BE USED IN THE CARE OF PRIVATE LOTS IN CEMETERIES. No. 702. An Act to authorize and empower the Towns and Cities of this State to receive and hold in trust such property or money as may be conveyed to them to be used in the preservation and care of cemeteries or lots of private owners therein. SECTION I. Be it enacted, That from and after the passage of this Act, any person or persons may convey to the Mayor and City Council of any town or city in this State, any money or property to be held by such Mayor and Council in trust, the corpus or increase thereof to be expended as directed by such conveyance, in the improvement or preservation and care of such cemetery or of the burial lots of such owner therein, and such Mayor and Council shall receive and hold such property and execute such trusts, according to the terms thereof as other trusts are executed under the laws of this State, and shall by its Clerk make annual returns to the Ordinary and shall be entitled to such commissions as are paid to other trustees, but shall not be required to give bond. Towns or cities authorized to hold in trust money or property for the care of cemeteries. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. AUTHORIZING GUARANTEE COMPANIES TO BECOME SECURITY UPON THE BONDS OF STATE AND COUNTY OFFICERS. No. 707. An Act to authorize Guarantee Companies incorporated under the laws of this State to become security upon the bonds of State and County officers. SECTION. I. Be it enacted, That from and after the passage of this Act it may be lawful for Guarantee or Security Companies incorporated under the laws of this state to become security upon the

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bonds of all State or County officers, and the various officers of this State, whose duty it is to approve the sureties upon such bonds, are hereby authorized to accept such company or companies as one of the sureties or the only surety upon such bond as the solvency of such company may warrant. Guarantee and security companies may become security on the bonds of State and county officers. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. TO PREVENT INTRUSION ON CAMP GROUNDS, AND PROVIDE A PENALTY FOR THE SAME. No. 723. An Act to prevent intrusion on Camp Grounds, and to provide a penalty for the same. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That no person shall camp upon a camp ground used for religious purposes, without the consent of the trustees or other person or persons in charge of such grounds, except during the progress of religious services at said grounds. Nor shall any person place any animal of any kind within any booth, tent, stall or arbor on such camp ground without the consent of the owner or owners thereof, or the persons in charge of the same. Prevents intrusion on camp grounds. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the first section of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882; Provided, That this Act shall only apply to such camp grounds having their boundary lines plainly and distinetly marked by states, posts or otherwise. Penalty. Proviso. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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AMENDING ACT GRANTING CERTAIN PRIVILEGES TO BUILDING AND LOAN ASSOCIATIONS. No. 732. An Act to amend an Act entitled an Act to authorize and empower Building and Loan Associations, and other like Associations of this State, to lend money to persons not members nor shareholders, at eight per cent. or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of the principal and the interest for the entire period of the loan into monthly or other installments, and to take security by mortgage with waiver of exemption or title, or both, upon and to city, town and suburban property, and for other purposes, approved December 26, 1888, and to enlarge the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act, approved December 26, 1888, the title of which is set out in the caption of this Act, be, and the same is hereby amended by the addition of the following, to be known as Section 4, Be it further enacted by the authority aforesaid, That all the provisions of this Act are hereby made to apply to all saving institutions which pay interest to depositors, and whose deposits are not subject to check. Amends Act approved December 26, 1888. SEC. II. Be it further enacted by the authority aforesaid, That the number of section 4 be changed to section 5, and that all laws in conflict herewith are repealed. Approved November 12, 1889.

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COUNCILMEN AND ALDERMEN OF TOWNS AND CITIES INELIGIBLE TO ANY OTHER MUNICIPAL OFFICE. No. 731. An Act to declare Councilmen and Aldermen of towns and cities ineligible, during their term of office, to any other municipal office in said towns and cities. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Councilmen and Aldermen of the towns and cities of this State shall be ineligible to any other municipal office in said towns and cities during the term of office for which they were chosen. Councilmen and aldermen ineligible to municipal office. SEC. II. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. NUMBER OF HOUSE AND SENATE JOURNALS TO BE PRINTED, AND MANNER OF DISPOSING OF THE SAME. No. 734. An Act to fix and prescribe how many of the Journals of each branch of the General Assembly shall be printed, and the manner in which the same shall be distributed to the various counties of the 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 from and after the passage of this Act, there shall be compiled, printed and bound (such binding to be the same as that of the Acts of the General Assembly) not more than five hundred copies of the Journals of each branch of the General Assembly of this State; and it shall be the duty of the State Librarian to distribute the same as follows: One copy of the Journal of each branch of the General Assembly to the Ordinary of each county in this State, whose duty it shall be to keep and preserve the same for the use of the public, and also one copy to each member of the General Assembly. The

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remainder of the copies shall be retained by the Librarian for exchanging with the various States, and for such other use and disposition as the Governor of the State may authorize and direct. The Librarian shall always keep on hand, for the use of the Library, at least ninety-five copies of such Journals. Number of House and Senate Journals printed. How disposed of. SEC. II. Be it further enacted by the authority of the same, That of the Journals of the General Assembly now on hand in the State Library, the Librarian shall select such a number as shall, in his judgment, be necessary for the use of the Library, and have the same bound and preserved. The remainder he shall sell at such prices as, in his judgment, are fair and reasonable; and the Librarian shall pay the same into the Treasury, and also make a report to the Governor of the number of such sold, and the price for which they were sold, the amount realized, and the expense attending the same, if any. Journals of General Assembly now on handhow disposed of. SEC. III. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. PROVIDING FOR THE REVIVER OF CORPORATIONS. No. 739. An Act to provide for the reviver of corporations, and for other purposes. SECTION I. Be it enacted by the General Assembly, That in all cases where the charter of a corporation, created for library, church, charitable, school or educational purposes, may have heretofore expired, or may hereafter expire, such corporation may be revived for the same purposes at any time within three years after the expiration of its charter, by the Superior Court of the county in which the former charter was granted. The application for reviver may be make by the former corporators, or trustees, or any of them, and the application and all proceedings thereon shall be as prescribed by law for making application and proceedings thereon in cases of similar and original charters. The corporation, as revived, shall stand clothed with all the powers, and possessed of all the rights, and be subject to all the debts, liabilities and burthens of the old corporation which is revived in it. To revive the charters of corporations. 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 November 12, 1889.

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MODE OF OBTAINING INJUNCTION TO RESTRICT CUTTING OR BOXING OF TIMBER FOR TURPENTINE PURPOSES. No. 741. An Act to prescribe the manner in which titles shall be exhibited to the Chancellor on application for injunction to restrict the cutting of timber, or boxing the same for turpentine purposes, or the working of such timber after it has been boxed. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, in all applications to enjoin the cutting of timber or boxing the same for turpentine purposes, or otherwise working the same for turpentine purposes, the petitioner instead of attaching a copy of his titles to his petition, as now required by law, shall be required to attach an abstract of his titles, stating names of grantor and grantee, date, consideration and description of property, names of witnesses, when and where recorded, to his petition, and to produce the original titles before the Chancellor. Abstract of titles required where application for injunction to restrict boxing timber for turpentine purposes. SEC. II. Be it further enacted, That the respondent or defendant shall have the same privileges as are given complainant or plaintiff in section 1 of this Act. Privileges of respondent. 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 November 12, 1889.

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GRANTING CERTAIN PRIVILEGES TO CORPORATIONS, COMPANIES, PARTNERSHIPS OR INDIVIDUALS CONSTRUCTING OR OPERATING WATERWORKS. No. 743. An Act to confer on corporations, companies, partnerships, or individual, or individuals constructing, owning, operating or carrying on waterworks in this State, the rights, powers and privileges and authority to lease, purchase or condemn, receive donations, grants, easements, or other uses of lands for the purpose of constructing, operating and carrying on and building or enlarging waterworks in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that corporations, companies, partnerships or individual or individuals, constructing, owning, operating or carrying on waterworks in this State, shall have conferred upon them the rights, powers, privileges, and authority to lease, purchase or condemn, receive donations, grants, easements or other uses of lands for the purpose of constructing, operating, and carrying on and building or enlarging waterworks in this State. Rights conferred on persons or corporations operating waterworks. SEC. II. Be it further enacted, That in the event that any of the above recited corporations, companies, partnerships, individual or individuals do not procure from the owner or owners thereof, by contract, lease or purchase, the title to the land or rights-of-way necessary or proper for the constructions or extensions, any lands or rights-of-way for the laying of pipes or the erection of setting basins, or storage basins, or building any of the buildings necessary for the pumping stations or for any other purpose that is necessary or proper for the construction and successful operation of waterworks, when the parties cannot and do not agree upon the damage done, to-wit: Such waterworks companies, or organizations as recited in section 1, to the owner or owners of lands, which the corporations or companies seek to appropriate as rights-of-way, or for its other purposes, the corporation shall appoint one of the citizens of this bank as the assessor, and the person or persons owning the lands sought to be [Illegible Text] rights-of-way or for building purposes, or for any other purpose necessary or proper for the constructing and operating of waterworks, shall choose another as his, her, its or their assessor; and in case the person owning such land sought

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to be condemned, 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 any disability from any other cause whatsoever, and have no legal representative, then it shall be the duty of the Ordinary of the county in which such property or rights-of-way so sought to be condemned is situated, to make such selection for such owner or owners so failing or refusing or unable to make the same as aforesaid; Provided, that said corporations, companies or individuals give notice to said Ordinary, that such owner or owners fail or refuse to act as aforesaid, or is an insane person, lunatic, idiot or minor, or is under disability from any other cause whatsoever, and has no legal representative, and the two assessors thus selected shall choose a third assessor, and the three assessors thus selected shall be sworn to do justice between the parties, and after hearing such evidence as may be offered as to the damage done the owner or owners of such rights-of-way, and other property as is sought to be condemned for the use of waterworks or buildings, or other purposes for waterworks, as the case may be, they or a majority of them shall assess the damages and the value of the property so sought to be condemned, and shall say in writing what sum such corporation, company, copartnership, individual or individuals shall pay for the rights-of-way, and for other property sought to be condemned by them; and they shall file their said award within ten (10) days after it is made in the office of the Clerk of the Superior Court, in the county where said lands or rights-of-way 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 deeree, 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, 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, and at the next term of said court, unless continued for legal cause, it shall be the duty of the Judge presiding in said cause to cause an issue to be made up as to the damage or valuation of said lands or rights-of-way, as the case may be, and the same to be tried with all the rights for bearing and trying said cause in the Superior Court and in the Supreme Court as provided for cases at common law. The entering of said appeal and the proceedings thereon shall not hinder

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or in any way delay said corporations, companies, or individual or individuals, work and progress thereof, but the same may proceed without let or hidrance from the time said condemnation proceedings are begun. Provides for assessors to condemn rights-of-way or sites. Ordinary may act for iusane persons or persons having no legal representatives. May assess damages. Effect of award. Right to appeal. Does not hinder progress of work. SEC. III. Be it further enacted, That if said corporation, company or individual or individuals should enter an 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 such corporationt companies, individual or individuals, 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, companies, individual or individuals, as in cases of other executions, and if such land owner or land owners be an insane person, lunatic, idiot or minor, or is under disability from any other cause, and have no legal representative, then in that event said sum so awarded or found due by said corporation, company or individual or individuals 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 funds as is usual, necessary or proper, and said rights-of-way shall vest in such company, corporation, individual or individuals as fully and completely as it the same had been purchased or acquired by contract with the consent of the owners thereof. But none of the provisions of this Act shall become operative until after the said corporation, company, partnership, individuals or individual shall have bona fide entered into a contract with the proper authorities of some incorporated city or village of this State for supplying water for public purposes. Bond and security required where corporations, etc., make an appeal. 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 November 12, 1889.

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MAKING PENAL THE PRINTING, ADVERTISING OR PUBLISHING LOTTERIES OR GIFT ENTERPRISES. No. 750. An Act to make penal the printing, advertising, or publishing of lotteries and gift enterprises within this State; to prescribe penalties for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That it shall not be lawful for any person in this State to print, advertise or publish within the limits of this State, any lottery, gift enterprise or other scheme for the hazarding of money, or other thing of value, forbidden by the laws of this State, or the result of the drawing of prizes or distribution of gifts therein, either by newspaper advertisements, or written or printed posters, dodgers or circulars, and any person so publishing or advertising such lotteries, gift enterprises or other unlawful schemes, or causing the same to be done, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Unlawful to print, advertise or publish any lottery, gift enterprise or other scheme for hazarding money. SEC. II. Be it further enacted, That whenever any advertisement or publication in a journal or newspaper in this State, contrary to the provisions of this Act, shall be proven in any criminal trial or proceeding against the publisher, owner or manager of said journal or newspaper, this shall create a prima facie case as against said publisher, owner or manager of said journal or newspaper, and shall authorize a conviction unless the defendant shall show by affirmative proof, satisfactory to the jury, that he did not cause, authorize or knowingly permit the said publication or advertisement. What constitutes a prima facie case against publishers. 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 November 13, 1889.

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AUTHORIZING CONTRACTS PROVIDING FOR CONDITIONAL SALE OF RAILROAD EQUIPMENT OR ROLLING STOCK, OR THE LEASING OF THE SAME. No. 756. An Act to authorize contracts providing for the conditional sale of of railroad equipment or rolling stock, or the leasing of the same, to be used in this State; to fix the time and place within and at which such contracts shall be recorded; to make valid such contracts heretofore made and recorded in the manner herein set forth; to authorize the record of such contracts heretofore made, and for other purposes. SECTION I. The General Assembly of the State of Georgia do hereby enact, That it shall be lawful for any person or corporation to make a contract in writing with any railroad company or person owning or operating a railroad in this State to furnish said company or person with rolling stock or other equipment, deliverable either immediately or subsequently at stipulated periods; by terms of which contract the purchase money for said property, in whole or in part, is to be paid thereafter, and in which contract it may be agreed that the title to the property so sold or contracted to be sold shall not pass to or vest in the vendee until the purchase money for the same shall have been fully paid, notwithstanding the delivery of such property to, and the possession of the same by the vendee; but that until said purchase money shall have been fully paid, the title to said property remain in said vendor and his or its assigns. Authorizing contracts providing for conditional sale of rolling stock or other equipment. SEC. II. Be it further enacted, That it shall also be lawful for the manufacturer, owner or assigns of any railroad equipment or rolling stock to make a written contract for the lease of such equipment or rolling stock to any railroad company or person owning or operating a railroad in this State; and in such contract it shall be lawful to stipulate for a conditional sale of said property to the said lessee on the termination of such lease, and to stipulate that the rental received for said property may, as paid, or, when fully paid, be applied and treated as purchase money, and that the title to such property shall not vest in such lessee or vendee until the amount of such purchase money shall have been paid in full to the lessor or vendor, or to his or its assigns, notwithstanding the delivery of such property to, and possession of the same, by such lessee or vendee, but that until such purchase money shall have been fully

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paid, the title to such property shall remain in said lessor or vendor, or in his or its assigns. Authorizes contracts for the lease of such equipment or rolling stock. SEC. III. Be it further enacted, That every such contract hereby authorized shall be good, valid and effectual to retain the title to said property in said vendor or lessor, or in his or its assigns, as against the said vendee or lessee, and against all persons claiming thereunder; Provided, first, that such contracts, if made within this State, shall be executed in the presence of, and attested by, or be proved before a Notary Public, or Justice of any court in this State, or a Clerk of the Superior Court. If made without this State, it shall be executed in the presence of, and attested by, or proved before, a Commissioner of Deeds for the State of Georgia, or a Consul or Vice-Consul of the United States (the certificates of the foregoing officers, under their seals, being evidence of the fact), or by a Judge of a Court of Record in the State where executed; Second, that such contract shall be recorded within six months after the date of its execution, in the office of the Clerk of the Superior Court of the county where is situated the principal office, in this State, of the said railroad company; Third, that each locomotive engine and each car so sold, or contracted to be sold or leased, as aforesaid, shall have the name of the vendor or lessor, or the assignee of such vendor or lessor, plainly placed or marked on the same, or be otherwise so marked as to plainly indicate the ownership thereof. Validity of title. Witnesses required to such contracts. Contracts to be recorded. SEC. IV. Be it further enacted, That all such contracts heretofore made, executed and recorded in the manner herein authorized and provided for shall be deemed as valid, and shall have the same effect as if the same had been made, executed and recorded under the terms and by the authority of this Act. Contracts prior to the passage of this Act are valid. SEC. V. Be it further enacted, That all such contracts heretofore made shall be valid, and be entitled to the provisions of this Act, upon compliance with the terms thereof, and upon record of the same as herein provided, within six months after the date of the passage of this Act. When provisions of this Act are complied with. 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 November 13, 1889.

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PROBATE OF FOREIGN WILLS. No. 848. An Act to provide for the probate of foreign wills, and to declare the effect of such probate in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all wills conveying real or personal estate, or both, made by persons residing beyond the limits of this State in the United States, which are hereby declared to be foreign wills, may, when conveying real estate situated in this State, and attested as wills conveying real estate in this State, or conveying only personal estate in this State, and attested as are wills of personal estate in the State where the testator resides, be admitted to probate in this State in common or solemn form where such real or personal estate may be located by testimony in open court, or by interrogatories in the same manner as to number of witnesses and otherwise, as are wills of persons resident in this State upon the application of the person therein named as executor, or, if no executor is named in said will, or if named, refuses to act, upon the application of some person interested in said will. Foreign wills admitted to probate. Manner prescribed. SEC. II. Be it further enacted by the authority aforesaid, That when the wills specified in the first section of this Act, and attested as therein required, have been probated in solemn form in the proper courts of the State, within the United States, where such persons reside, the same may be proved in any county of this State where there may be realty or personalty disposed of by said wills by the executor named in the same, or by persons interested in the probate of the same, where no such executor is appointed. When the testator resides in another State, or if any such executor refuses to prove and execute said will by means of an exemplification from the records of the court where so proved in solemn form, certified according to the Act of Congress, dated 26th May, 1790, it may be attacked on the same grounds, and no other, as other proceedings of court duly certified and exemplified. How foreign wills may be proved. SEC. III. Be it further enacted by the authority aforesaid, That when said foreign wills are probated, as herein required, they shall have the same force and effect as wills of residents of this State who have died without appointing executors or whose executors refuse to qualify, and shall be executed in the same manner, and not otherwise. Shall have the force and effect as wills of residents, etc.

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SEC. IV. Be it further enacted by the authority aforesaid, That the proceedings to prove the wills, provided for in this Act, be the same as to form, giving notice to parties interested, and the conduct of the proceedings in court as are required in relation to wills executed and proved in this State of resident testators, except that wills proved in solemn form in other States must be proven by exemplifications, as herein provided. 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 November 13, 1889.

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Part II.Corporations. TITLE I.RAILROAD COMPANIES. TITLE II.BANKING, LOAN AND TRUST COMPANIES. TITLE III.INSURANCE COMPANIES. TITLE IV.TELEGRAPH COMPANIES. TITLE V.STEAMBOAT, CANAL AND NAVIGATION COMPANIES. TITLE VI.MISCELLANEOUS.

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TITLE I. RAILROAD COMPANIES. ACTS. Incorporating the Bainbridge, Cuthbert and Western Railway Company. Incorporating the Thomasville and Cordele Railway Company. Incorporating the Fort Payne and Eastern Railroad Company. Incorporating the Collins Park and Belt Railroad Company. Incorporating the Augusta and West Florida Railroad Company. Incorporating the Cumming and Warsaw Railroad Company. Incorporating the Union Railroad and Transfer Company. Amending the Charter of the Darien Short Line Railroad Company. Incorporating the Midville, Swainsboro and Red Bluff Railroad Company. Incorporating the Eatonton and Machen Railroad Company. Amending an Act incorporating the Macon, LaGrange and Birmingham Railroad Company. Amending an Act incorporating the Chattanooga Southern Railway Company. Incorporating the Melon Belt Railroad Company of Brooks County. Incorporating the Georgia and Tennessee Railroad Company. Incorporating the Waycross Air Line Railroad Company. Incorporating the South Bound Railroad Company. Incorporating the Augusta and Western Railroad Company. Incorporating the Ocean Pond and St. Mary's Short Line Railroad Company. Incorporating the Dahlonega and Dawsonville Railroad Company. Incorporating the Atlanta and Lithonia Railroad Company. Incorporating the Catoosa Railroad Company. Incorporating the Washington and Lincolnton Railroad Company. Incorporating the Rome, Subligna and Northern Railroad Company or Dummy Line. Amending the charter of the Marietta and North Georgia Railroad Company. Incorporating the Georgia Northern Railroad Company. Changing the name of the Eatonton and Machen Railroad Company. Amending the Charter of the Rome Railroad Company. Incorporating the Hawkinsville and Florida Southern Railroad Company. Incorporating the Kansas City, Chattanooga and Port Royal Railroad Company. Incorporating the Empire and Dublin Railroad Company. Amending the charter of the North and South Short Line Railroad Company.

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Incorporating the Calhoun and Fairmount Railroad Company. Incorporating the Southwest Georgia Railway Company. Incorporating the Marietta, Dahlonega and Northern Railway Company. Amending the charter of the Georgia Southern and Florida Railway Company. Incorporating the Knoxville Extension, Dahlonega and Augusta Railroad Company. Incorporating the Atlanta and Alabama Coal and Iron Railroad Company. Incorporating the Union Point and Elberton Short Line Railroad Company. Incorporating the Fairmount Valley Railroad Company. Incorporating the Bainbridge and North Eastern Railroad Company. Incorporating the Alabama, Georgia and Florida Railroad Company. Incorporating the Albany and Cordele Railroad Company. Incorporating the Brunswick, Athens and Northwestern Railroad Company. Amending charter of the Waco and Bowdon Railroad Company. Amending charter of the Macon and Birmingham Railroad Company. Confirming the charter of the Atlantic and Northwestern Railroad Company. Incorporating the Atlanta and Seaboard Railroad Company. Incorporating the Turtle River Railroad Company. Authorizing Lessees of Western and Atlantic Railroad to construct side tracks. Incorporating the Woodville, Penfield and Oconee Valley Railroad Company. Changing the name of the Winterville and Pleasant Hill Railroad Company. Incorporating the Albany, Florida and Northern Railway Company. Incorporating the Chattanooga and Gulf Railroad Company. Providing for the lease of the Western and Atlantic Railroad. Amending the charter of the Griffin, LaGrange and Western Railroad. Incorporating the Oostanaula and Coosawatee Railway Company. Incorporating the Abbeville and Waycross Railroad Company. Amending the charter of the Albany and Bainbridge Railroad Company. Amending the charter of the Macon and Birmingham Railroad Company. Incorporating the Covington and Cedar Shoals Railroad Company. Incorporating the Dublin, Blackshear and Southern Railroad Company. Amending the charter of the Fairmount Valley Railroad Company. Amending the charter of the Macon and Birmingham Railroad Company. Incorporating the South-Eastern Railroad Company. Incorporating the Chattanooga and National Park Railroad Company. Incorporating the Stevenson, Sand Mountain and Dalton Railroad Company. Incorporating the Georgia, Tennessee and Illinois Railroad Company. Incorporating the Jefferson Railroad Company. Amending the charter of the Lookout Mountain, Lula Lake and Gadsden Railroad Company Incorporating the Georgia, Alabama and Carolina Railroad Company. Amending charter of the Kingston, Walesca and Gainesville Railroad Company. Amending charter of the Alabama and Atlanta Railway Company. Amending the charter of the Long Shoals and Rockland Railroad Company. Incorporating the Belton, Homer and Carnesville Railroad Company. Incorporating the [Illegible Text] and Jacksonville Railroad Company. Incorporating the Smithonia, Lincolnton and Augusta Railroad Company. Incorporating the Smithonia, Danielsville and Carnesville Railroad Company. Incorporating the Hiawassee Railroad Company. Incorporating the Savannah and Isle of Hope Railway Company. Amending charter of the Catoosa Springs Company. Incorporating the Simmons Short Line Railroad Company. Incorporating the Florida, Dawson and Northern Railroad Company. Incorporating the Valdosta and Ocean Pond Railroad Company.

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INCORPORATING THE BAINBRIDGE, CUTHBERT AND WESTERN RAILWAY COMPANY. No. 183. An Act to incorporate the Bainbridge, Cuthbert and Western Railway Company; to confer certain powers and privileges on said company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That John E. Donalson, L. O. Jackson, B. B. Bower, G. F. Westmoreland, J. S. Bush, H. C. Sheffield, J. J. McDonald, John D. Harrell and A. J. Moye, 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 Bainbridge, Cuthbert and Western Railway Company, with continuous succession, with power in and by said name to sue and be sued, plead and be impleaded; to have and use a corporate seal, and alter the same at pleasure; to contract and be contracted with; to acquire, own, hold and use all such real and personal property requisite to the interests of said company, and to the exercise of the powers herein granted, and to dispose of said property at pleasure; and to have such other powers as are usual and incident to such corporation. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That said corporation shall have power and authority to survey, lay out, construct and equip, and to own, operate and maintain a railroad from some point on the Alabama line, in Muscogee, Chattahoochee, Stewart or Clay county, Georgia, thence through the counties of Muscogee, Chattahoochee, Stewart or Clay, Randolph, Early, Calhoun, Miller and Decatur to some point on the Florida line in said Decatur county, via Cuthbert and Bainbridge, Georgia. Route. SEC. III. Be it further enacted, That said corporation is authorized to cause to be made examinations and surveys between said points and along the proposed line as may be necessary to select the most advantageous route, and for that purpose may enter the land of any person or corporation. It shall have power to acquire by gift or purchase, property of all kinds, real, personal and choses in action, necessary to the proper exercise and enjoyment of the powers herein conferred; to transfer, sell, mortgage and dispose of the same at pleasure; to lay out its line of railroad on a right-of-way not over (200) two hundred feet in width, making compensation therefor

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in the manner hereinafter prescribed; to construct its railroad across, along and upon any river or other water course, street, with the consent of the municipal authorities, highway, with the consent of the county authorities, or canal, or across any other railroad, which the routes of its railroad shall intersect, join or unite its railroad with any railroad heretofore or hereafter constructed at any point in its route; provided competition is not defeated thereby; or upon the ground of any other railroad company consenting thereto, or to whom just and adequate compensation has first been paid, with the necessary turnout, sidings and switches, and other conveniences necessary in the construction of the railroad; Provided, That nothing contained in this paragraph shall be so construed as to prevent said railroad company from using as a right-of-way the right-of-way and road-bed known as the Bainbridge, Cuthbert and Columbus Railroad, and by consent or purchase 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 thier 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, maintain and operate convenient buildings, wharves, docks, stations, depots, shops, warehouses, 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 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 deem necessary and expedient; and may execute trust deeds or mortgages, or both, on its railroad and other property to secure the same. Rights-of-way. General powers granted. May unite with other railroads. Proviso as to road-bed of Bainbridge, Cuthbert and Columbus Railroad. SEC. IV. Be it further enacted, That the capital stock of said company shall not be less than ($200,000) two hundred thousand dollars, nor over one million dollars, divided into shares of one hundred dollars each; and said company are authorized to commence work whenever sixty thousand dollars have been bona fide subscribed in the books of the company. Capital stock. SEC. V. Be it further enacted, That the books for subscription to the capital stock of said company may be opened under the direction of the Board of Directors at such times and places as to said Board may be deemed expedient, and such subscriptions may be made and received in cash, evidences of debt, or property of any kind; the terms of subscription and the value of subscription other than money to be determined by the Board of Directors, or a

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majority of them. Such subscriptions may be payable in installments. Books of subscription. Payment of subscriptions. Failure to pay subscriptions. SEC. VI. Be it further enacted, That if any stockholder shall fail to pay according to the terms of his subscription, after the same, or any part thereof, is due, within thirty days from the time said stock subscription, or any installment thereon, is called or demanded by the Board of Directors, it shall and may be lawful for the President and Board of Directors, or a majority of them, to sell at public auction and convey to the purchaser or purchasers the share or shares of the defaulting stockholder. Twenty days' notice of the time and place of sale must be given, and after retaining the sum due under said call, and all expenses incident to the sale, out of the proceeds, they shall pay the surplus to the former owner, or his legal representative or assignee, and any of the purchasers of said stock under said sale shall be subject to the same rules and regulations as the original owner, and no sale by the original proprietor of stock or assignee shall relieve the original proprietor from his obligation to the company to pay the full amount of his subscription; or if the company, acting through a majority of the Board of Directors, so elects it, may sue for and recover from such defaulting subscriber the amount due. SEC. VII. Be it further enacted, That when said company and any person through or on whose land it is desired said railroad shall be located and constructed, and depot builings, and shops, stations, docks, wharves, warehouses, 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 it shall and may be lawful for said company to construct its railroad across such lands, and use such lands for the purpose aforesaid upon paying to the owner thereof, or to his or her or their authorized representative, just and reasonable compensation for such lands so needed, and when such compensation cannot be agreed upon, it shall be affixed and determined in the following manner: Disputed rights-of-way, etc. The company shall choose one person, a citizen of this State, as its assessor; the land owner, whether a person or corporation, owning the land sought to be used as aforesaid, may choose another citizen as an assessor. If such landowner shall fail or refuse to choose an assessor, or shall be a minor, idiot, lunatic, or other person laboring under a disqualification of law, without a legal representative, it shall be the duty of the Ordinary of the county in which is located such land or right-of-way, to make selection of assessor for the owner; Provided, that the company shall give notice to the Ordinary that the owner fails or refuses to make a

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selection of an assessor, or that he or she is a minor, idiot, lunatic, or is otherwise disqualified in law from making such selection. The two assessors thus selected shall make selection of a third assessor. The three thus selected shall be sworn before an officer authorized to administer an oath, to do justice between the parties, and after hearing all competent evidence offered by either party, touching the benefits as well as the damages that will result to the owner from the location of the railroad on such land or right-of-way, or on such track other than the main track, and not exceeding three miles in entering a city or town in order to reach their depot or shops, or from the condemnation of the lands sought to be obtained by the railroad company; the said assessors, or a majority of them, shall assess the damages to be paid by said railroad company, or the value of the property sought to be condemned, as the case may be. Their award shall be 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. 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 to 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. In case the owner of the land is under disabilities as mentioned in this section, and without legal representative, the Ordinary may give notice for such disabled person, and in the same manner, service may be given in a similar case to the Ordinary where the company may enter an appeal. An issue shall be made on the appeal aud tried in the Superior Court as common law cases are tried, with the right of either party to except and carry same to Supreme Court. If the appeal is entered by the railway company, it shall give bond with security for the payment of the amount adjudged on the final hearing. But the land so condemned or sought to be condemned shall not be used or occupied by the railroad company until just and reasonable compensation is paid to the owner thereof, or the amount of the award deposited in cash in a solvent bank in Georgia subject to the final judgment in the case, and a bond also given to pay all eventual condemnation money, if any over and above the amount of the award so deposited. Upon a compliance with these provisions the railroad company may proceed to take and use the land or right-of-way sought to be condemned, and this provision shall apply in the case of either the owner of the land or the railroad company appealing. Should no

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appeal be entered within ten days and the company fail or refuse to pay the amount of the award, then the Clerk shall, on the application of the owner or Ordinary where he is authorized to act, issue execution on such award, and proceedings shall be had thereon as in cases of judgment and execution in Superior Courts. All sums collected by the Ordinary for persons unrepresented and laboring under disabilities as aforesaid, shall be held by him for the use of such persons, and he shall cause proper, legal representative 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 remain in said company according to the terms of the award upon payment thereof. Assessors. Proviso where land owner refuses to select an assessor. Award. Appeal. If no appeal. SEC. VIII. Be it further enacted, That the principal office of said company in the State of Georgia shall be in the city of Bain-bridge, but may be changed by a majority of the Board of Directors by giving sixty days' notice in a newspaper published at Bain-bridge, or in the manner hereafter provided. Principal office. SEC. IX. Be it further enacted, That said corporation shall have power to make and issue bonds to such an amount in such denominations and for such rate of interest, not exceeding seven percentum per annum, payable at such times and places as they may determine, and secure the same by mortgages or deeds of trust on any or all of its rights, property or franchises. It may issue preferred stock, giving preferences in the payment of dividends. Right to issue bonds. Preferred stock. SEC. X. Be it further enacted, That the affairs of said company shall be managed by a Board of nine Directors, to be elected annually by the stockholders. The first election shall be held in the year 1889, at such time and place as may be prescribed by the Board of Directors hereinafter named. At meetings of stockholders each stockholder shall be entitled to one vote for each share owned by him or her. All proxies shall be in writing. Until the first meeting of stockholders in the year 1889, and until their successors are elected, the following shall constitute the Board of Directors of said company, to-wit: John E. Donaldson, L. O. Jackson, B. B. Bower, G. F. Westmoreland, John D. Harrell, J. S. Bush, H. C. Sheffield, A. J. Moye and J. J. McDonald. The Board of Directors shall have authority to fill all vacancies in their body occurring between annual elections. Board of Directors. Vacancies. SEC. XI. Be it further enacted, That the President and all future Boards of Directors shall elect from their number a President of said corporation, and elect and appoint such other officers, agents and employes of the company as to them may seem advisable,

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and to fix the salaries of the same. The said Board shall have power to establish, alter and amend the by-laws, rules and regulations for the government of said corporation and the management of its business; declare dividends and adopt a corporate seal; to manage all the business of the corporation; to make contracts; borrow money; give notes and evidences of debt; issue bonds; execute trust deeds or mortgages to secure the fulfillment of the contracts, obligations and liabilities of the company, and to receive, manage, control, use, and dispose of, in the interest of said company, all donations, gifts, subscriptions, money, choses in action and property, real and personal, that may be acquired by said company. The stockholders may, by a majority vote, at a regular meeting; restrict or enlarge said powers; but until such regular meeting in 1889, the powers named enure from the passage of this Act to the Board named, and may be exercised by them, and thereafter by their successors, unless restricted by such stockholders' meeting. A majority of the stockholders may, at a regular meeting, increase the number of Directors to a number not exceeding thirteen. President Officers. Power of Board of Directors. SEC. XII. Be it further enacted, That the stock of said company shall be transferable only on the books of the company under the rules to be prescribed by the by-laws of the company, but no share is transferable until one hundred dollars has been paid thereon to the company, in money, or such property as shall have been received by the company in payment thereof. Transfer of stock. SEC. XIII. Be it further enacted, That said corporation may, through its Board of Directors, purchase or acquire and own stock in any other corporation; may unite or consolidate with any other company or corporation; may lease or buy any other railroad or railroad charter, franchises, rights-of-way, road bed, subscription to stock and other property thereto belonging, and use, manage, control and dispose of the same, either by sale, lease or mortgage, or in the aid of building its own road and equipping same, or lease or sell its own road, and shall have power to make any and all contracts necessary and proper to carry out the provisions of this contract; Provided, That such contract, purchases, leases or sales do not have, or be not intended to have the effect of diminishing competition, or does not conflict with the Constitution and laws of this State or of the United States. The company shall not have authority to sell or dispose of any of the rights, powers or privileges herein granted until said company shall have graded, ironed and have ready for rolling stock at least ten miles of their railroad. May acquire stock in other corporations: unite or consolidate with other companies. Proviso.

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SEC. XIV. Be it further enacted, That the stockholders in said railway company shall be bound in their private capacity to any creditor of the company for the amount of stock subscribed for by him or her, until such subscription is fully paid up, either in money or such other property as the company shall have received in payment thereof, or until such stockholder shall have paid out of his private property, either in money or such property as said company shall have received in payment thereof, debts of said company equal to his unpaid subscription, and not otherwise. Liability of stockholders. SEC. XV. Be it further enacted, That said company are empowered to establish, maintain and operate a steamboat or line of steamboats to navigate the Chattahoochee, Flint and Apalachicola Rivers for the purpose of carrying freights and passengers for benefit of, and in connection with, said railroad. Rights of navigation. SEC. XVI. Be it further enacted, That if, within five years from the passage of this Act, at least ten miles of the railroad contemplated by it are not built, equipped and being operated, then, and in that case, this charter shall be forfeited, and all the rights, powers and privileges conveyed by it shall become null and void. Forfeiture. 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 August 2, 1889. INCORPORATING THE THOMASVILLE AND CORDELE RAILWAY COMPANY. No. 187. An Act to incorporate the Thomasville and Cordele Railway Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Arthur P. Wright, Thomas C. Mitchell, S. L. Hayes, A. T. McIntyre, J. W. Reid, W. H. Mitchell, W. R. McIntyre, and W. E. Davis and K. T. McLean, of Thomas county, Georgia, or a majority of them, and such others as they may associate with them under said name, shall be and are hereby incorporated and made a body politic, with all the rights and privileges common and necessary to such a corporation, under the name and style of the Thomasville and Cordele Railway Company; Provided, that said company shall

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not have the right to condemn any more land than is necessary for the right-of-way and depot purposes; Provided, further, that no sale or purchase of any other road shall take place which shall have the effect to destroy or lessen competition; and provided, that no land shall be condemned or taken without first paying just and resonable compensation. Corporators. Corporate name. Proviso. Proviso. SEC. II. Be it further enacted by the authority of the same, That said company be authorized to build a railway from Thomasville, in Thomas county, Georgia, to the Florida line, and from Thomasville northward, through Colquitt and Worth counties, and a part of Dooly county to Cordele, and thence to Augusta, Richmond county, Georgia; to take hold and use for the purposes and according to the provisions of this Act, such land, not exceeding two hundred feet in width, as may be necessary for its right-of-way, sidings, depots, etc.; and it is authorized, for procuring stock in the same, to open books and procure subscription of stock at the rate of one hundred dollars a share, at such time and places as may be thought proper; to elect or appoint all necessary officers, agents and servants; to borrow money, make contracts, hold real and personal estate, sue and be sued, and have and use a common seal; 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 2 of this Act, and to construct, maintain and operate the same, in whole or in part, by such a route as will best subserve the interests 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, just and adequate compensation first having been paid therefor. 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 the purpose of cutting and filling, and obtaining gravel and material, making compensation therefor, as is prescribed in this Act. 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 railroads shall intersect

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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 other 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 two miles of the right-of-way or side-track of any other railroad company, the same to be condemned in a continuous line, and when necessary for the purpose of reaching its depot, as aforesaid, 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 or any other 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, 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, on its franchises, railroad and all other property owned by said company to secure the same; but the franchise, rights and privileges herein granted shall not be conveyed or sold until at least ten (10) miles of the railroad shall have been graded, cross-tied and ironed. The capital stock shall be divided into shares of one hundred dollars each, and the company is authorized to commence work at my 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 for stock 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,

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material, supplies or specifics, the value of the work, land, material or property shall be agreed on at the time of the 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, or 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. Route. To open books of subscription. General powers. Rights-of-way. May join or unite with other railroads. Proviso. Bonds. Capital stock. Payment of stock subscriptions. May be paid in installments. Proviso as to forfeiture of stock. SEC. III. 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 meeting of stockholders, subject to such modification of their powers as may be made by the stockholders in meeting assembled. Duties of President and Board of Directors. SEC. IV. 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. Transfer of stock. SEC. V. 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 lawfully paid up, or until such stockholder shall have paid out of his private property, debts of said company to an amount equal to his unpaid subscription, and not otherwise. Liability of stockholders. SEC. VI. 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

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in controversy shall be submitted to arbitration under the law regulating arbitration in the Code of Georgia, but if either party shall fail or refuse to appoint an arbitrator, the Ordinary of the county where such land lies, shall make choice for such party. The two arbitrators thus chosen shall choose a third and the award made by them shall be made in writing, filed in the Clerk's office of the Superior Court of the county where the land lies, and their award shall be final, unless attacked in a manner and on the grounds prescribed in the Code. If the award is set aside the cause shall remain in court, and an issue shall be formed and tried as though the cause had been originally brought into court, and the arbitrators, as well as the jury, shall, in addition to the usual oath, be sworn in assessing damages to take into account the enhanced value of the land from the location of the road on the premises. Disputed rights-of-way. Arbitrators. SEC. VII. Be it further enacted by the authority of the same, That the corporators herein named shall be ex-officio Directors until their successors are elected under the by-laws of said company. That said company, at any time, can increase the numbers of Directors; Provided, they do not exceed thirteen. Corporators are ex-officio Directors. Proviso. SEC. VIII. Be it further enacted by the authority of the same, That said company shall have full power and authority to pass all company, by-laws and regulations necessary to carry out the objects of said company, not inconsistent with the laws of the State of Georgia and the United States. By-laws. SEC. IX. Be it further enacted by the authority aforesaid, That the capital stock of said company shall not exceed two million dollars, nor less than one hundred thousand dollars, part of which may be issued as preferred stock. Capital stock. SEC. X. Be it further enacted by the authority aforesaid, That said Thomasville and Cordele Railway Company is hereby incorporated for a term of fifty years, but the franchises, rights and privileges herein granted shall cease, and this charter shall be void, unless ten miles of the road be graded, ironed and ready for rolling stock within five years from the date of this charter. Term of incorporation. Forfeiture. SEC. XI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 5, 1889.

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INCORPORATING THE FORT PAYNE AND EASTERN RAILROAD COMPANY. No. 191. An Act to incorporate the Fort Payne and Eastern Railroad Company, and to authorize it to construct, equip and operate a railroad from Gainesville, or some other point on the line of the Georgia Air Line Railroad, in the State of Georgia, to some point on the line of the State of Alabama, in the direction of Fort Payne, and passing through the counties of Hall, Dawson, Forsyth, Cherokee, Pickens, Gordon, Bartow, Floyd and Chattooga, or either of them, as the Board of Directors of said Railroad Company may deem most expedient, and to extend said Railroad eastward through the counties of Jackson, Banks, Madison, Franklin, Hart and Elbert, or either of them, to some point on the line of the State of South Carolina, as may be determined by the Board of Directors of said Fort Payne and Eastern Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, J. W. Spaulding, W. P. Rice, L. A. Dobbs, J. M. Ford, F. H. Tobey, H. D. Capers, C. O. Godfrey, Wm. Warner, E. E. Parker, H. C. Young, James M. Harlan, Henry C. Erwin, E. B. Cook, J. S. Cleghorn and James M. Veach, and such other persons as may be associated with them, be, and they are hereby created a body politic and corporate under the name and style of the Fort Payne and Eastern Railroad Company, and shall, under such name, be able to sue and be sued, to plead and to be impleaded unto in any court of this State whatsoever, and may have and use a common seal, and may alter and renew the same at pleasure, and may make, change, alter, amend or repeal by-laws for the government of said company; Provided, The same be not in conflict with the laws of Georgia or of the United States; and said Fort Payne and Eastern Railroad Company shall have all the powers, facilities, rights and franchise necessary and proper to accomplish and successfully carry out and maintain the objects of its incorporation, and to this end the said company may acquire by purchase, condemnation or otherwise such rights-of-way as may be necessary and proper for its purposes as a railroad company. The said railroad company shall have power and authority to purchase or lease as much real estate as may be necessary for the convenient and safe running of its trains or for its

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depot and shops, but it shall not have any authority to acquire by condemnation a strip, a tract or tracts or parcels of land greater than one hundred and twenty feet in width, except as herein stated for the purposes of this Act; Provided, That nothing herein contained shall be construed to authorize any purchase or sale that will have the effect to destroy or lessen competition; and, provided also, That no public road shall be taken without the consent of the county authorities, and no street shall be taken without the consent of the town or city authorities. Corporators. Corporate name. General powers. Proviso. Rights-of-way. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That said company shall have all the powers granted in 1689 (l) of the Code of 1882; Provided, that nothing contained in this charter shall be construed to give to said company the power to take or damage any property till jsut and adequate compensation has first been paid. Powers granted. Proviso. SEC. III. Be it further enacted, That said Fort Payne and Eastern Railroad Company shall have the power to issue bonds and to borrow money, and secure the payment of said bonds by executing mortgages or deeds of trust upon the road bed and equipment and franchises of said railroad, as may be deemed best by the Board of Directors of said railroad company, for its construction, and for other purposes. Bonds. SEC. IV. Be it further enacted, That the capital stock of said railroad company shall be two millions of dollars, divided into shares of one hundred dollars each, and said company shall have the right to increase said capital stock to such an amount as may be deemed advisable by the stockholders and Board of Directors of said company. Capital stock. SEC. V. Be it further enacted, That the office and place of business for said railroad company in Georgia shall be located at such point along the line of said railroad in Georgia as the Board of Directors may determine upon. Principal office. SEC. VI. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors to consist of seven persons, themselves stockholders in said company, who shall be elected at each annual meeting of the stockholders, to be held at the principal place of business of said company on the first Tuesday in September of each year, at which election each single share of stock shall be entitled to one vote and each stockholder shall be entitled to as many votes as he holds shares of stock properly entered or transferred upon the books of said company, and if said stockholder be absent he may, by power of attorney duly executed under seal at least five days before said election, delegate his right to a second

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party to represent and vote his stock in said election. The said Board of Directors shall at their regular annual meeting elect from their number a President, who shall also be the President of said railroad company, and the said Board of Directors shall also have the power to make such by-laws and regulations for the management and conduct of said railroad as shall be deemed by them advisable, provided these rules are not inconsistent with the laws of Georgia or of the United States, and they shall have the power to appoint a Superintendent and such other subaltern officers and generally to do such things and to transact such business as is necessary for the proper conduct of said railroad company. Board of Directors. Proxies. President. Officers. SEC. VII. Be it further enacted, That for the purpose of organizing said railroad company that books for the subscription of stock shall be opened by the corporators named in the Act, or by a majority of them, at such places along the line proposed for said railroad company, of which notice shall be given for at least ten days in at least two newspapers published in this State. And said books shall remain open until one hundred thousand dollars shall be subscribed to the capital stock of said company, when the books shall be closed, and advertisement made as hereinbefore provided, for a meeting of the subscribers to said capital stock, which said advertisement shall be published in at least two newspapers in Georgia for at least ten days before said meeting is called. And at this meeting the said subscribers to the capital stock shall proceed to elect a Board of Directors and organize said company as herein-before provided. Books of subscription. To organize. SEC. VIII. Be it further enacted, That if the franchises and rights herein granted be not carried out, to the extent of constructing and placing in running order, at least twenty miles of said railroad within five years from the date of the approval of this Act, then this Act shall be null and void, and the franchises herein granted shall cease and determine. Forfeiture. SEC. IX. Be it further enacted, That nothing contained in this Act shall be so construed as to authorize said railroad company to sell, transfer, merge or consolidate its rights, powers, privileges or franchise until twenty miles of its road has been graded, ironed and is running order. SEC. X. Be it further enacted, That all laws and parts of laws in any wise conflicting with this Act be, and the same are hereby repealed. Approved August 8, 1889.

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INCORPORATING THE COLLINS PARK AND BELT RAILROAD COMPANY. No. 197. An Act to incorporate the Collins Park and Belt Railroad Company, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That James D. Collins, H. L. Woodward, S. H. Venable, J. R. Collins, Charles E. Thompson, S. K. Ozburn, W. J. Collins and Thomas McClellan and their associates, successors and assigns be, and the same are, hereby incorporated and made a body politic and corporate under the name and style of the Collins Park and Belt Railroad Company. Incorporators. Corporate name. SEC. II. Be it further enacted, That before said company shall begin its work upon any of its lines of railroad in the city of Atlanta, it shall first obtain the assent of the corporate authorities of said city to the same; and before it shall begin its work on any of the public roads in the counties herein mentioned, it shall first obtain the assent of the authorities therein having charge of roads, respectively. Must procure consent of municipal and county authorities before commencing work. SEC. III. Be it further enacted, That said corporation shall have full power and authority to survey, lay out, construct and equip, use and enjoy lines or routes of street railroad in the city of Atlanta and in the county of Fulton as follows, to-wit: Lines and routes running to and from such points as it may desire on and over the following streets in Atlanta, to-wit: Orme, North Avenue, State, Luckie, Marietta, and along such other streets as it may desire, and have authority to build a belt road around the said city of Atlanta, in said county of Fulton. Route. SEC. IV. Be it further enacted, That said corporation shall also have power and authority from time to time to survey, lay out, construct, equip, use and enjoy such other routes or lines of railroad in the city of Atlanta, and in the counties of Fulton, Gwinnett, Cobb and DeKalb, in addition to those especially named in this Act, and to extend any or all of those named, and build branches thereto whenever it deems its to its interest to do so; Provided, That before said corporation commences to construct any part of such line or lines, or routes, it shall obtain, if such construction is to be within the corporate limits of the city of Atlanta, the consent of the proper authorities of said city. Whenever said

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contemplated railroad shall desire to pass over the lands of another and said railroad company and the owner of said land fail to agree as to compensation for such right-of-way over such lands, said owner shall have the right to select one arbitrator and the said company shall have the right to select an arbitrator, and a third arbitrator shall be chosen as umpire, whose proceedings and powers shall be the same as allowed and authorized by the Code of 1882, in other cases submitted to arbitration. General powers. Proviso. Disputed right-of-way. Arbitrators. SEC. V. Be it further enacted, That this corporation is hereby granted all the rights, powers, franchises and privileges heretofore granted to the Metropolitan Street Railroad Company in sections two (2), five (5), six (6), eight (8) and nine (9) of an Act entitled An Act to incorporate the Metropolitan Street Railroad Company, and to define its rights, powers and privileges, and for other purposes, approved December 12, 1882, and said sections two, five, six, eight and nine are hereby made a part of the charter of the Collins Park and Belt Railroad Company. Additional powers granted. SEC. VI. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into shares of one hundred dollars each. Said capital stock may be increased, from time to time, to any sum not exceeding three million dollars; Provided, said increase be authorized in each instance by a direct vote of a majority of all the stock of the company, at an annual meeting or at a meeting called for that purpose. But said corporation may organize and commence business whenever the sum of seven thousand dollars is subscribed, and this charter to remain of force for and during the period of thirty years. Capital stock. Proviso as to increasing capital stock. SEC. VII. Be it further enacted, That the said corporation shall have the right to use, in the running of its trains, animal, steam, electric and all other mechanical powers now known or hereafter discovered. Motive power. SEC. VIII. Be it further enacted, That the incorporators herein named shall constitute a Board of Directors, who shall hold their office until their successors are elected and qualified. Provisional Board of Directors. SEC. IX. Be it further enacted, That the rights, powers and privileges herein granted shall cease and be of no effect unless three miles of the road is built and in running order within three years from the granting of this charter, and this charter shall not be transferred until at least five miles of said road is completed and ready for rolling stock. Forfeiture. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1889.

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INCORPORATING THE AUGUSTA AND WEST FLORIDA RAILWAY COMPANY. No. 212. An Act to incorporate the Augusta and West Florida 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 Jessee Thompson, William N. Mercier, and James P. Verdery, of Augusta, Georgia; A. T. McIntyre, Sr., and A. P. Wright, of Thomasville, Georgia; T. C. Hogue, C. E. Smith, and T. B. Green, of Washington, Georgia, and T. J. Dempsey, of Jackson, Georgia, F. B. Pope, Colden Rhind, A. P. Wright, S. L. Hays, T. C. Mitchell, James M. Smith and their associates, successors and assigns, be, and they are hereby incorporated under the name and style of the Augusta and West Florida Railway Company, and by that name they shall have continuous succession as a corporation. Corporators. SEC. II. 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 or places, or 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 such subscriptions to such capital stock may be made in money or in land or other property which such persons may deem its equivalent, in installments or as a whole, as called for by the Board of Directors, or corporators. Books of subscription. Payment of subscriptions. SEC. III. That the capital stock of said corporation shall be two millions and five hundred thousand dollars, of which five hundred thousand dollars may be preferred stock, with the privilege, by a majority of its stockholders, of increasing the same from time to time, for the purpose of building its road, or of purchasing or building extensions or branches thereto, or both, or of paying its debts, to any sum not exceeding five millions of dollars. Said capital stock shall be divided into shares of one hundred dollars each. Capital stock. May be increased. SEC. IV. Be it further enacted, That said corporation shall be entitled to commence operations and exercise all the rights, privileges, powers, functions and franchises granted by this charter, as soon after the approval by the Governor of this Act as the sum of fifty thousand dollars has been subscribed, and the stockholders in

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said corporation shall be liable for the debts thereof, to an amount equal to the amount of their unpaid subscription. Authority to begin business. Liability of stockholders. SEC. V. 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. Transfer of stock. SEC. VI. 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; 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 Directors. SEC. VII. That the provisional Board of Directors authorized to act by the preceding section of this Act may elect a temporary President, and such other officers as may be thought necessary, and whenever they deem it expedient, they may call a meeting of the stochholders 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, a majority of the stock voting being necessary to a choice. Temporary organization. SEC. VIII. That the affairs of said corporation shall be managed by a Board of Directors to consist of not more than nine persons, unless enlarged, as hereinafter provided. Five 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 newspaper printed in the city of Augusta. 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 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 give notes or other evidences of debt; to issue bonds at any time, to execute, if deemed expedient, any deed or deeds, mortgage, or deed or deeds of trust, or security for the fulfillment

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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 nineteen members. Board of Directors. President. Authorized to issue bonds. SEC. IX. That the principal office of said corporation shall be in Augusta, but said corporation shall have power and authority to establish branch offices for the transfer of stock 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, or may hereafter be provided, by law for service on corporations. Principal office of business. SEC. X. That said corporation shall have authority to construct, purchase, own, operate and maintain a main line of railroad from the city of Augusta to some point on the dividing line between the States of Georgia and Florida, and passing through either Thomasville, Quitman or Valdosta, and such counties as may fall in its route; and if the directors deem it best, they may make Valdosta, Quitman, or Thomasville, a terminal point of said road. 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 two 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, borrow money, issue bonds, and secure the same by mortgages or deeds of trust, as heretofore provided for; Provided, said company shall not have the right to condemn any land except for right-of-way and depot purposes; and, provided, further, that no public road shall be taken without the consent of the county authorities, and no street shall be taken without the consent of the town or city authorities. Route. Terminal points. Rights-of-way. Proviso. SEC. XI. That for the purpose of constructing, maintaining and operating said line of railroad, that said corporation is empowered to cause such examination and surveys to be made of the proposed line between the city of Augusta and the terminal point on the Florida State line as shall be necessary to the selection of the most advantageous route, and for that purpose is empowered to enter the land of any person. Survey. SEC. XII. That said corporation shall have power to build, operate and maintain a branch railroad from its main line to the city of

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Waycross, or to any other point which may be deemed expedient by its Board of Directors, and all the powers, provisions and functions of this charter, which are hereby granted to said corporation for the purpose of building its main line, are likewise fully conferred upon said corporation for the purpose of building any branches which the directors may think necessary to the successful operation of the main line; Provided, That said branches, or branch railroads, shall not in any case exceed fifty miles in length. Authority to build branch railroads. Proviso SEC. XIII. That said corporation shall have power to construct its railroad across, along and upon any river, street, highway or canal, and shall have power and authority to establish and maintain and operate a line of steamboats to navigate any navigable waters which the said railroad may cross or touch, 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. Navigation privileges. SEC. XIV. That the Augusta and West Florida Railway Company, hereby incorporated, shall have all the rights, powers, privileges and immunities granted to and conferred upon the Georgia, Carolina and Northern Railway Company by the Legislature of Georgia; by Act, approved December 7, 1886, in sections 12, 13, 14 and 15 of said Act, as fully and completely as if all of said rights, powers, privileges and immunities were herein enumerated; and the said sections of the charter of the Georgia, Carolina and Northern Railway Company, to-wit: Sections 12, 13, 14 and 15 are hereby made part of this charter. Additional powers granted. SEC. XV. Be it further enacted, That said company shall have no right to sell or dispose of its franchises, rights, privileges or immunities until at least ten miles of its road-bed shall have been built, equipped and put in running order; Provided further, That this charter shall be inoperative and void unless twenty miles of its road-bed shall hane been built, equipped and put in running order within five years from the passage of this Act. Forfeiture. SEC. XVI. Be it further enacted, That if the route selected for building said Augusta and Florida Railway Company lays over, across or along any territory over which any other railroad, or other company possesses any existing and valid grant of any exclusive privileges or franchises of any kind or character which will be infringed by the building of said Au gusta and Florida Railway Company; said last named company is hereby authorized to condemn and take so much of any such exclusive or special privilege or franchise as may be needed for the location, building, and maintenance of said road between the termini aforesaid; said exclusive privilege or so much thereof

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as may be needed to be condemned in each county in which the same may be found to exist in the manner in this Act provided for the condemnation of other property; Provided, that nothing herein shall be construed as in any way admitting or recognizing the existence of any valid, exclusive privilege or franchise over the whole or any part of the territory between said termini in any railroad or other company. Right to condemn territory of other railroads in its route. Proviso. SEC. XVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved November 20, 1889. INCORPORATING THE CUMMING AND WARSAW RAILROAD COMPANY. No. 218. An Act to incorporate the Cumming and Warsaw 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 Leroy Edmondson, Joseph G. Puelt, John Hockenhall, Hiram P. Riden, William S. Davenport, William Clement, George L. Bell, Ansel Strickland, Henry L. Cunningham and George E. Sims, of Forsyth county, and A. T. Abbott, Homer Summerour, J. A. Parsons and R. N. Medlock, of Milton county, and J. Medlock, of Gwinnett county, and such other persons as may be associated with them and their successors and assigns, be, and they are hereby created a body politic and corporate, under the name of the Cumming and Warsaw Railroad Company, and by that name to have perpetual succession; 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 are hereby authorized and empowered to survey, lay out, construct and equip, as well as maintain and operate,

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a railroad, of such gauge as it may elect, from some point on the Richmond and Danville Railroad, or any branch thereof, between the city of Atlanta, in Fulton county, and Buford Station, in Gwinnett county, the most practicable route, when selected, through the counties of Fulton, Cobb, DeKalb, Gwinnett, Milton and Forsyth, or through either or any of said counties, to the town of Cumming, in Forsyth county, with the privilege of extending said road through the counties of Dawson, Lumpkin, Union and Towns. Route. SEC. III. Be it further enacted by the authority aforesaid, That for the purpose of constructing, maintaining and operating said line of railroad, said company is empowered to cause such examination and surveys to be made of the proposed line 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 any other property for the construction, maintainance, and accommodation of said railroad, and to hold and use such real estate and other property useful for the same, and for stations, 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 felling, 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 by the constitution and laws of this State; to borrow money and issue stocks and bonds and give mortgage or other security on its property and franchises to secure the payment of the same, and to do any and all things necessary to secure the payment of the money; to build, construct and use said railroad; Provided, that no property shall be taken or damaged until just and adequate compensation has been first paid to the owners thereof. Provided, that said company shall have the right to condemn only such land as may be necessary for right-of-way and depot purposes. And, provided also, that no public road shall be taken without the consent of the county authorities, and no street shall be taken without the consent of the city authorities. Surveys. Property rights. Right-of-way. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of of said company shall be fifty thousand dollars with the power, by a majority vote of the stockholders, to increase the same to any amount not exceeding two hundred thousand dollars, and which shall be divided into shares of twenty-five dollars

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each, and may be paid in money, labor, land, right-of-way, material, or anything which can be used in carrying out the purposes of this Act. Capital stock. How paid. SEC. V. Be it further enacted by the authority aforesaid, That said company shall be authorized to commence work, and exercise all the rights, powers, functions and privileges granted by this charter, whenever five per cent. of the amount of capital stock subscribed shall have been paid in. Authorized to commence work. SEC. VI. Be it further enacted by the authority aforesaid, That the affairs of said company shall be managed by the persons named in the first section of this Act, until permanent directors are elected; and the corporators named, or a majority of them, 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 as provided in the fourth section of this Act, to be determined and accepted by the Board of Directors, if said directors see proper to accept any other thing of value in lien of money. Books of subscription. SEC. VII. Be it further enacted by the authority aforesaid, That there shall be a meeting of the stockholders, to be called by said corporators at such time and place as a majority of them may deem best, after giving notice thereof, for the purpose of electing a Board of Directors, who shall be elected, from the stockholders, for the term of one year and until their successors are elected. The said directors shall select from their number a President and Vice-President of said company; they shall also have the power to appoint any and all such other officers, agents and employes of said company as they may deem best, and determine the amount of their compensation; and they shall manage and control the business of said company, declare and pay dividends when earned, and generally supervise and control the interests of said company. There shall be an annual meeting of the stockholders of said company at its principal office, which shall be in Cumming, Forsyth county, in said State, until changed by a majority vote of the stockholders of said company, 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 proxy, which shall be written, shall constitute a quorum for the transaction of its business, but no person not a stockholder shall be capable of holding such proxy. A majority of the directors shall constitute a quorum, and whenever any director ceases to be a stockholder he shall cease to be a director, and a vacancy shall occur. The Board of directors shall have power to fill any vacancy

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in said Board until the meeting of the stockholders next thereafter. Until said directors are elected as aforesaid, the corporators named in this Act, or a majority of them, shall exercise all the powers of directors. Board of Directors. President and Vice President. Principal office. Vacancy. SEC. VIII. Be it further enacted by the authority aforesaid, That all the rights powers and privileges granted by this Bill shall lapse and become void unless at least five miles of the railroad have been graded, ironed and are ready for rolling stock within five years from the passage of this Act. Forfeiture. 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 August 23, 1889. INCORPORATING THE UNION RAILROAD AND TRANSFER COMPANY. No. 240. An Act to incorporate the Union Railroad and Transfer Company, and to define its rights, powers and privileges. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That T. F. Howel, J. B. S. Holmes and R. T. Fouche, their associates, successors and assigns, be, and the same are hereby, created a corporation under the name of Union Railroad and Transfer Company, and in said name may sue and be sued in all the courts of law and equity of this State, and may have and exercise all the powers incident to corporations in this State, and may pass and enforce any rules and by-laws not in conflict with the Constitution and laws of this State, or the United States. Corporators. Corporate name. SEC. II. Be it further enacted, That the persons named in the foregoing section, or any two of them, shall, at such time and place as they choose, open books of subscription to the capital stock of said company, and so soon as the sum of not less than ten thousand dollars has been bona fide subscribed thereto, the said corporators, or any one of them shall call a meeting of the subscriber to said stock, and at said meeting said subscribing stockholders shall proceed to organize said company by electing a Board of Directors, to consist of not less than five persons, to manage the business and affairs of said company. Books of subscription. Authority to organize.

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SEC. III. Be it further enacted, That the capital stock of said company shall be divided into shares of one hundred dollars each, and each share shall be entitled to one vote in all meetings of stockholders, and by a majority vote at any meeting of stockholders, the capital stock may be increased, from time to time, to such amount as may be deemed necessary and expedient by said majority in the prosecution and extension of the business of the company. Capital stock. May be increased. SEC. IV. Be it further enacted, That the Board of Directors shall hold office for one year, and in all cases until their successors are elected and inducted into office. They may fill vacancies in their body caused by death, resignation or removal, and shall elect from their number a President, Vice-President and Secretary, and shall appoint all such other officers and agents as they think proper, and shall manage all the business and affairs of said company. Board of Directors to elect President and other officers. SEC. V. Be it further enacted, That said company shall be, and is hereby empowered to build, maintain and operate a railroad beginning at a point at or near the junction of the Rome and Decatur Railroad with the East Tennessee, Virginia and Georgia Railroad, near the city of Rome, in Floyd county, Georgia, and running thence on such route as said company may adopt, to the track, yards, and depot of the Rome Railroad, in the city of Rome, and also to the tracks, yards and depots of other railroads in said city now, or that may hereafter be built therein; and also may extend their railroad to any factory, mill, furnace, shop or warehouse in said city, and also to any manufacturing establishments of any kind in Floyd county, or to any mines or quarries therein, and may cross rivers, roads, streets and highways in any city or town in said county, and with the consent of municipal authorities, may lay tracks along streets and use the same, and may join, intersect and cross at grade or otherwise, any railroad in said city and county. Said company is hereby empowered to transport over its railroad freight and passengers, and to transfer cars to and from the various railroads intersected by its railroad, and to carry on and conduct generally the business of a common carrier, and to charge just and reasonable rates therefor. Said company is also empowered to buy and own yards and warehouses for the storage of cars, produce and merchandise, and to charge reasonable rates for such storage; and may also borrow money and issue bonds, and secure the same by mortgaging, or otherwise pledging its property, and franchise, and income, and assets. Route. General powers. SEC. VI. Be it further enacted, That said company be authorized and empowered to extend its railroad from the city of Rome, in this State, in a northeasterly direction, to the line dividing the

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States of Georgia and North Carolina, passing through the counties of Floyd, Bartow, Gordon, Cherokee, Gilmer, Pickens, Fannin, Union and Towns, or any of said counties through which the line adopted by said company may pass in order to reach the terminal point selected on the said North Carolina line; and said company is authorized to consolidate with other railroad companies, and to lease the franchises and railroads of other railroad companies, whether chartered by the laws of this or any other State in the United States; Provided, that said company shall make no contract of any kind for the purpose of defeating or lessening competition, or which will have that effect. Authority to extend its line. May consolidate with other roads. Proviso. SEC. VII. Be it further enacted, That said company may acquire, by gift or purchase, all the lands and rights-of-way necessary for its uses and purposes; and in case said company and the owner or representative of the owners of any property, yards, tracks, rights-of-way and lands necessary for the use of said company cannot agree upon the price to be paid therefor, then the same may be acquired by condemnation in the following manner, to-wit: Said company shall choose one assessor, and the owner of the property or rights sought to be condemned shall choose another assessor; but if said owner, after five days' notice, refuses or neglects to choose an assessor, or is a non-resident of this State, or has no legal representative, then the Ordinary of the county in which the land is situated shall act for said owner, and choose another assessor, and said two assessors so chosen shall choose a third assessor, and the three thus chosen, or a majority of them, shall, after being sworn to do justice between the parties, and after giving notice of the time of the trial, go upon the property sought to be condemned, and hear all witnesses and evidence produced by the parties, as to the value of the land or property and rights to be taken; and after hearing the evidence, they, or a majority of them, shall render an award, in writing, fixing the amount to be paid by said company; and when said award is filed in the office of the Clerk of the Superior Court of the county in which the land is situated, it shall have all the force and effect of a judgment, and the Clerk of said Court shall issue execution therefor; and when said award is paid, the fee simple title to the property therein named shall vest in said company; but either party may enter an appeal from said award, at any time within ten days after the filing of said award as aforesaid, by giving bond and security for the eventual condemnation money, and the payment of the final verdict shall vest in said company the fee in the property sought to be condemned. The said company shall, in all cases, pay the costs and fees of the assessors; Provided,

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that if, on the appeal trial, the jury shall render a verdict for a less amount than the original award, then the other party shall pay the costs accuring after the entry of the appeal. If the property sought to be acquired or condemned belongs to minors, trustees or estates, or insane persons, the deeds of their guardians, administrators, or of such trustees shall be sufficient to convey title to said company, and service upon, and notice to, such guardians, trustees and administrators, shall be sufficient to bind the estates and persons represented by them; Provided, that no public road or street shall be taken without the consent of the county or city authorities, as the case may be. Right-of-way. Assessors. Awards. Appeal. Proviso as to payment of costs. SEC. VIII. Be it further enacted, That the annual meetings of the stockholders of said company, shall be held in the city of Rome, Georgia, at such time as may be fixed by the by-laws; and special meetings of the stockholders may be called at any time by the directors, and notice thereof being given by mailing to each stockholder a copy of the notice or call; and any meeting at which a majority of the stock of the company is represented, either in person or by written proxy, shall be competent to transact any business, and shall constitute a quorum, and any measure receiving a majority of the quorum shall be valid and binding on all the stockholders of the company and on the company. Annual meetings. SEC. IX. Be it further enacted, That the principal office and place of business of said company, shall be at Rome, Georgia. Principal office. SEC. X. Be it further enacted, That all laws in conflict with this Act be, and they are hereby repealed. Approved September 2, 1889. AMENDING THE CHARTER OF THE DARIEN SHORT LINE RAILROAD COMPANY. No. 243. An Act to amend an Act approved Sept. 19th, 1885, entitled an Act to incorporate the Darien Short Line Railroad Company, so as to allow said corporation to build and operate, branch or branches of its road from a point or points near Baisden's Bluff to Sapelo River; and to extend the time for the completion of said railroad. SECTION I. Be it enacted by the General Assembly of Georgia, That the said, The Darien Short Line Railroad Company be, and

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they are hereby authorized to locate, build, construct, equip and operate a branch or branches of its road from a point or points on its road near Baisden's Bluff to Sapelo River, said company to determine at what point or points such branch or branches shall diverge. Authorized to build a branch road. SEC. II. Be it further enacted by the authority aforesaid, That the charter of said The Darien Short Line Railroad Company be, and it is hereby extended for the full space and time of three years from the time fixed and appointed for the completion of its road by its Act of incorporation. Charter 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 September 2, 1889. INCORPORATING THE MIDVILLE, SWAINSBORO AND RED BLUFF RAILROAD COMPANY. No. 245. An Act to amend an Act entitled An Act to incorporate the Midville, Swainsboro and Red Bluff Railroad, approved December 21, 1888; to authorize an increase of the capital stock, an extension of its line, and to amend its charter, and confer the power and define the mode of condemning land and other property; to confer additional corporate powers upon said Midville, Swainsboro and Red Bluff Railroad, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the charter of the Midville, Swainsboro and Red Bluff Railroad be, and the same is hereby, amended so as to authorize and empower said company at any time upon the vote of a majority of the stockholders at a regular meeting, or meeting called for the purpose, to increase its capital stock, now limited to $200,000, from time to time, to any sum not to exceed two million dollars in the aggregate; said company shall likewise be authorized, and is hereby empowered, to extend its present road by the most practicable route, to be surveyed by its surveyors, agents and employes, from a point on its line into the city of Augusta, in the county of Richmond, and also from a point on its present road to extend its road by the most practicable route, to be surveyed by its surveyors, agents or employes,

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to a point on the Florida line, in the county of Lowndes or Thomas, and for that purpose to enter upon land; to cause examination and surveys to be made as may be necessary for the selection of the most practicable and advantageous route; to take and hold, own and possess real and personal property. Authorizes an increase of capital stock and extension of line. Surveys. SEC. II. Be it further enacted, That said company shall be allowed and authorized to lay out its road not exceeding two hundred feet in width, and construct the same, equip, manage, maintain and operate the same; to borrow such sums of money at such rate of interest, in such terms and with such security, giving such bonds and mortgages or other form of paper and security as its Board of Directors may provide. Right-of-way. General powers. SEC. III. Be it further enacted, That said company in all cases when it cannot obtain the right-of-way by gift or purchase, or satisfactory contract with the owners, and cannot agree with the owner as to the amount of damage said corporation will inflict upon the land or property it seeks to appropriate for the use of its right-of-way, tracks, or for its purposes, said company shall choose one citizen, the owner shall choose one citizen as his assessor, and in case said owner fails to select an assessor, or the owner be insane, non compas mentus, or minor, and have on guardian, the Ordinary, upon said fact being made known to the Ordinary, shall select said assessor; the two assessors thus selected shall choose a third assessor, and the three thus selected shall be sworn to do justice between the parties; and after hearing evidence offered, both as to benefits and damage done the owner or owners of such right-of-way and right to use the same, or if the track sought to be used or condemned, or of property sought to be condemned for its corporate purposes, said assessors or a majority of them shall value the property sought to be condemned and assess the damages, and say in writing what said corporation shall pay for the right-of-way, right to use of same, or for the property sought to be condemned, and within ten days after it is made file their award in the office of the Clerk of the Superior Court of the county where the land lies; and either party dissatisfied with said award, or the Ordinary, if the owner has no legal representation, and is under disability, shall have the right within ten days after said award is filed to enter an appeal in writing from said award to the Superior Court of the county in which it is filed, and at the first term thereof, unless continued for legal cause, the Judge thereof shall cause an issue to be made up as to the amount of said damages, and said issue shall be tried with all the rights of hearing, trying said case in said Superior and Supreme Court, as provided for cases

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in common law. If no appeal be entered, the Clerk of the Superior Court shall issue execution for the amount of said award against said corporation upon tender of the amount of the award or of the final judgment in appeal; said company shall be held to have fully condemned said property for the uses of said company, and for the purposes passed on by said assessors, and be authorized at once to enter upon, use, occupy and enjoy the same. All money due under said award or final judgment thereon to persons under disability, and having no legal representative, shall be paid over to the Ordinary, to be by him invested for the use, benefit, and advantage of said owner under disability. Assessors. Award. Appeal. If no appeal executions may be issued SEC. IV. Be it further enacted, That said company shall have power to open books of subscription for its stock; to own, buy, sell, lease, use, occupy land; to own, buy, sell, use and enjoy personal property; to construct its road across, along, upon or use any stream, street, highway, canal, which its route may touch, intersect or cross; to join, intersect, cross or unite its road with any other railroad in this State, with the necessary turnouts, sidings, switches and other conveniences, and may run over, through, along and across any street, road or alley, in any town, city or village in order to reach its depot, shops or buildings, or to go through such city, town or village; Provided, the consent of the corporate authorities has been first procured, or in default of said consent, upon a regular condemnation proceeding as between the town or city of the one part and the railroad company of the other part, said proceeding as to assessors and payment of the damages, being in all respects as provided in section 3 of this Act; Provided, that no public road or street shall be taken without the consent of the county or city authorities, as the case may be. Books of subscription. Special powers granted. Proviso. SEC. V. Be it further enacted, That if the route of any extension of said railroad as herein authorized shall lie over, across or along any territory, over or through which any other railroad passes any present existing and valid grant of monopoly or exclusive privileges, right-of-way or franchises of any kind which will be infringed by building of said Midville, Swainsboro and Red Bluff Railroad or any part thereof, then said last named company is hereby authorized and empowered to take and condemn so much of any such territory, exclusive or special privilege or franchise as may be needed or desired for the location, building, operation, and maintenance of said road or extension. Said monopoly or exclusive or special privilege, or so much thereof as may be needed to be condemned in each county in which the same may be found to exist in the manner herein provided for the condemnation of other

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property; Provided, that nothing herein shall be construed as in any way admitting or recognizing the existence of any valid monopoly or any valid exclusive privilege or franchise over the whole or any part of the territory over, to, or along which said Midville, Swainsboro and Red Bluff Railroad may be built or extended. Right to cross other railroads. Proviso. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1889. INCORPORATING THE EATONTON AND MACHEN RAILROAD COMPANY. No. 258. An Act to incorporate the Eatonton and Machen Railroad Company; to grant certain powers, rights and privileges thereto, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, That F. Leverett, J. H. Bullard, B. W. Hunt, T. L. Little, Willis Newton, E. M. Brown and Sam H. Bullard, their successors and associates, be, and they are hereby, incorporated under the name and style of The Eatonton and Machen Railroad Company, and by that name to have perpetual succession, purchase, hold and convey real and personal property; sue and be sued, make contracts, and generally do anything and everything necessary to carry out the purposes of this incorporation. Corporators. Corporate name. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be $100,000, divided into shares of $100 each; but the Board of Directors shall have the power to increase said capital stock, from time to time, in such amounts as they may deem proper, to an amount not to exceed $3,000,000. The corporation shall have the right to commence business so soon as 15 per cent. of the capital stock first aforesaid shall have been subscribed for and paid up, either in money or in property. Capital stock. Authorized to commence business. SEC. III. Be it further enacted, That the affairs of the said corporation shall be managed by a Board of Directors, to consist of five members, to be elected annually by the stockholders. The said Board shall select one of their number to act as President, and

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shall have the right to provide for such other officers or agents as they shall deem necessary for the transaction of business of the corporation. The salaries and compensation of all officers and agents shall be fixed by said Board of Directors. The said Board shall also have the right to prescribe and establish by-laws, rules and regulations for the government of said corporation in the transaction of its business, not in conflict with its charter or the laws of the State. Board of Directors. Salaries. SEC. IV. Be it further enacted by the authority aforesaid, That said corporation shall have the right and authority to construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State, and shall have all the powers, rights, franchises and facilities necessary and proper to successfully accomplish and maintain the objects herein specified. Said corporation may operate said railroad by steam, electricity, or any other motive power that may be deemed proper by its Board of Directors. It may purchase, condemn and acquire such right-of-way, not exceeding 200 feet in width, terminal facilities, and other real estate along its line, for depot purposes, tanks, side tracks, turnouts, switches, or any other objects that may be necessary or proper for its use, to aid in accomplishing its construction and operation. Route. General powers granted. SEC. V. Be it further enacted by the authority aforesaid, That section 1689 (l) of the Code of this State, concerning the acquisition of rights-of-way and other property for the construction of railroads, and setting forth the methods of proceeding to condemn such property in certain cases therein stated, be, and the same is hereby, made a part of this charter and incorporated into the same, and all the powers, rights, privileges and franchises set forth and described in said section may be exercised by this corporation in the manner therein set forth. Makes section 1689 (l) of the Code a part of this charter. SEC. VI. Be it further enacted by the authority aforesaid, That the said corporation shall be authorized to extend the main line of its railroad, in as direct a line as practicable, to the city of Atlanta or the city of Savannah, in any direction that may be desired in the discretion of its Board of Directors, a two-thirds vote of said Board being first obtained therefor, and entered upon the minutes of said Board. It shall have the right to build such branches along the main line at any time as may be desirable in the judgment of the Board of Directors. The said corporation shall have the same right to acquire title to land or right-of-way, or other property required for the purpose of constructing the said extensions and branches, as are granted herein for the construction of the main

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line, and all powers, rights and franchises granted to said corporation for the construction and operation of the main line shall apply to and be operative as to all such extensions and branches as aforesaid; Provided, that unless twenty (20) miles of the said proposed extension be built within five years from the passage of this Act, that this charter, so far as it refers to the said extension, shall be inoperative and void. Main line may be extended. Branches. Forfeiture. SEC. VII. Be it further enacted by the authority aforesaid, That the principal office of said corporation shall be located at Machen, in Jasper county, Georgia. Principal office. SEC. VIII. Be it further enacted by the authority aforesaid, That the said corporation shall have authority to borrow money at such rate of interest not to exceed the conventional rate authorized by law, and upon such terms as the Board of Directors may authorize or deem expedient. It shall have the right to make, issue, and negotiate bonds in such amounts as its Board of Directors may deem proper; and for the purpose of securing the payment of the principal and interest of the same, may execute such deeds of trust mortgages or other incumbrances as may be proper, upon the property of said corporation, its franchises, privileges, immunities, rolling stock, furniture, tools, implements, appendages, appurtenances, or other property owned or held in connection with its railroad business; and, generally, to do anything and everything that may be necessary to effectuate the power herein granted. Said corporation shall also have power to purchase, lease, or contract for the use and enjoyment, in whole or in part, of any other railroad lying within, or partly without, this State, wherever in the opinion of its Board of Directors it may be deemed to the interest of the incorporation to do so. It shall also have the authority to consolidate and run its railroad in connection with any other railroad company within this State; or sell to or merge its capital stock with any other railroad company; or to lease its franchises, track, rolling-stock or other property, to any other such railroad company, whenever its Board of Directors may decide that the same may be beneficial to the interests of the company; Provided, that in all cases of lease or sale as aforesaid, the laws and constitution of this State, with respect to competing lines, shall not be infringed. It shall be lawful for said corporation to build, construct and run, as part of its corporate property, any number of steamboats and [Illegible Text] as may be necessary in the opinion of its Board of Directors [Illegible Text] facilitate the business operations of said company. Authorized to issue bonds. May lease or unite with other roads. Proviso. Navigation privileges. SEC. IX. Be it further enacted by the authority aforesaid, That the said corporation shall be authorized to construct its railroad

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across, along or upon any stream of water, water course, street, highway or canal, which the routes of said railroad shall intersect or touch. Whenever the track of said railroad shall touch, intersect, or cross any road, highway or street in any incorporated town or city, such road, highway or street may be carried over or under said railroad as may be found most expedient for the public good. In case of necessity, it shall be lawful for said corporation in constructing said railroad to change the course or direction of any road, highway or street, regard being had in all such cases to the public convenience, subject to the approval of the municipal or county authorities, as the case may be; it may cross over other railroads at a grade level, or be carried under or over such railroads as may be deemed expedient by its Board of Directors, and the powers and rights set forth in section 5th of this Act shall be applicable thereto. Special privileges as to streams, water courses or other railroads. SEC. X. Be it further enacted by the authority aforesaid, That the corporators named in the first section of this Act shall have authority to organize the corporation and manage its business until permanent directors are elected as hereinbefore provided, and in case of the death, or refusal to act of one or more of said persons, the remaining persons shall have the power to elect others in their stead. Provisional Directors. SEC. XI. Be it further enacted by the authority aforesaid, That this Charter shall continue for the space of 50 years from and after the passage of this Act. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, shall be, and are hereby repealed. Approved September 9, 1889. AMENDING AN ACT INCORPORATING THE MACON, LAGRANGE AND BIRMINGHAM RAILROAD COMPANY. No. 263. An Act to amend An Act to incorporate the Macon, LaGrange and Birmingham Railroad Company, approved December 15, 1886, and to define its rights, powers and privileges, and to authorize it to build branch railroads. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 2 of the above entitled Act be amended by

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adding thereto, at the end of said section, and to survey, locate construct, equip, maintain, use and operate a branch railroad from its main line from any point thereon in Troup or Meriwether counties, through Heard, Coweta and Carroll counties, and to intersect with the Georgia Pacific Railroad Company in either the counties of Carroll, Douglas or Haralson, and also a branch railroad from LaGrange or any point in Troup or Meriwether counties into or through the counties of Harris, Talbot and Muscogee to Columbus, Georgia, or through either of said counties, and also Marion, Taylor, Chattahoochee, Schley and Stewart or Webster and into Sumter counties to Americus, Georgia; Provided, that if said branch road is constructed and built through Heard county, it shall be built within one-half a mile of the corporate limits of the town of Franklin, in said county. Authorized to build branch roads. Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889. AMENDING AN ACT INCORPORATING THE CHATTANOOGA SOUTHERN RAILWAY COMPANY. No. 267. An Act to amend an Act entitled An Act to incorporate the Chattanooga Southern Railway Company, and for other purposes, approved October 24, 1887, and to further define the rights, powers and liabilities of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That for the management of the affairs of said company there shall be seven directors, who shall elect one of their number President of said Company. No person shall be elected a director who is not a stockholder, and at all elections a majority of the stock subscribed shall be represented in person or by written proxy; that the president and directors shall hold their office one year, or until their successors are elected, and shall, in their by-laws, fix the time and manner of holding meetings of the stockholders for the election of directors, and at the annual and special meetings of the stockholders, each stockholder shall have one vote for each share of stock owned by him or her, and the votes shall be cast by the stockholder in person, or by proxy in writing. President and Board of Directors. SEC. II. Be it further enacted, That the Board of Directors [Illegible Text] have power and authority to elect a Secretary and Treasurer

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of the company, under such rules and by-laws as they may adopt, and to fix the salaries of all of the officers of the company, and to fill all vacancies that may occur in their own body until the next meeting of the stockholders. A majority of the Board of Directors shall constitute a quorum, and in case of the absence of the President a member of the board may be chosen to act as President pro tempore. Secretary and Treasurer. President pro tempore. SEC. III. Be it further enacted, That said company shall have the power to issue its bonds in such amounts as they may desire, and to secure the payment thereof, may mortgage all their railroad, its right-of-way, rolling stock and franchise, and may issue its notes to creditors. Bonds. SEC. IV. Be it further enacted, That section 3 of said Act be, and the same is hereby repealed. Repeals section 3. SEC. V. Be it further enacted, That, in the event said company and the owner of any land through which said company desires to build its road, (whether said land be in the hands of the owner or a trustee, executor, administrator or guardian), cannot agree upon the price to be paid therefor, then either party may apply to the Sheriff of the county where the land lies, to summon a jury of five discreet freeholders, who shall go where the land required is situated and examine the land and such witnesses as the parties may desire, and assess the damage; and the jury trying said case shall be sworn to well and truly try the issue involved, and also to take into account the benefits accruing to said land by reason of the building of said railroad; but in no case shall the jury give less damages than the actual value of the land to be taken. The party moving shall, in all cases give the opposite party ten days' notice of the time and place of trial, and either party shall have the right to enter an appeal to the Superior Court of the county by complying with the law in relation to appeals to the Superior Court. The Sheriff shall have five dollars for summoning the 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 for each day, to be paid by said railway 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 title to the land shall vest in said company; and in all cases of appeal by the land-owner or party controlling said land, said railroad company may deposit double the amount assessed with some convenient national bank, to be designated by the Clerk of the Superior Court of the county where the appeal is pending, to be subject to be drawn out only on the check or draft of the Judge of the

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Superior Court for the purpose of carrying out the final judgment on said appeal; and in event the jury, on final trial of said case, shall find no greater amount than that awarded by the assessors above mentioned, then said railway company shall not be liable for the costs in the Superior Court. Disputed right-of-way. Assessors. Appeal. Fees. Final trial. SEC. VI. Be it further enacted, That said company shall be, and it is hereby, empowered to connect its railroad on the line dividing the States of Georgia and Tennessee with any railroad already built, or which may hereafter be constructed, under the authority of any other State in the United States. And said railway company shall also be, and it is hereby, empowered to connect its line of railroad on the line dividing the States of Georgia and Alabama, on the line of either Walker or Chattooga county, with any railroad now built, or which may be authorized to be built by the laws of any other States in the United States. Connections. SEC. VII. Be it further enacted, That said railway 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 State in the United States, and 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 State as aforesaid; Provided, the same does not have the effect or be intended to have the effect of defeating or lessening competition or encouraging monopoly. Authorized to purchase or lease other railroads. Proviso. SEC. VIII. Be it further enacted, That said company shall have authority to build from such point, or points, on its main line as it may select, such branch road, or roads, as it may see fit from its main line to any places or points not exceeding twenty miles therefrom. Branch roads. SEC. IX. Be it further enacted, That said railway 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, [Illegible Text] by its deeds and bills of sale, convey any property it may own in as full and ample manner as private individuals are by law authorized to do. Payment of subscriptions. SEC. X. Be it further enacted, That all laws and parts of laws is conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889.

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INCORPORATING THE MELON BELT RAILROAD COMPANY. No. 282. An Act to incorporate the Melon Belt Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. H. McCall, E. A. Jelks, R. C. McIntosh, J. C. McDonald, J. G. McCall, their successors and associates be, and they are, incorporated under the name of The Melon Belt Railroad Company, and by that name to have perpetual succession; to purchase and hold property, real and personal; to sue and be sued; to make contracts, and generally to do any and everything that may be necessary to carry out the purposes of this incorporation. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That the capital stock of said company shall be $500,000, divided into shares of $100 each, with the privilege of increasing the same from time to time, by a vote of two-thirds ([frac23]) of the directors, to a sum not exceeding one million dollars. The corporation shall have the right to commence work upon a payment of ten per cent. of such amount of the capital stock taken by said incorporators at the organization of the corporation. Capital stock. Authorized to commence work. SEC. III. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors, to consist of five members to be elected annually by the stockholders. Said board shall select one of their number President of said corporation; that said stockholders shall have the right to provide for such other officers as they shall deem necessary for the transaction of all other business of said corporation. That the salaries and compensation of all the officers and agents of said corporation shall be determined and fixed by the Board of Directors. That said stockholders shall have the authority to prescribe and establish by-laws, rules and regulations for the government of said corporation not in conflict with this Charter and the laws of the State. Management. Salaries fixed by Board of Directors. SEC. IV. Be it enacted, That said corporation shall have authority to survey, lay out, build, equip, maintain and operate a line of road, commencing on the State line of Georgia and Florida, at some point west of the Withlacoochee river and east of the Ocilla river, thence northward passing through or near Quitman, thence in the direction of Adel, in Berrien county, so as to cross the South Georgia and Florida Railroad at a point not exceeding ten miles north nor ten miles south of Adel, and shall have all the rights, powers, franchises and means necessary to, or proper, to successfully

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accomplish and maintain the objects of its incorporation as aforesaid; to purchase, acquire, condemn and hold such rights-of-way, not exceeding (100) one hundred feet wide, such terminal facilities and other real estate along its line, as may be necessary or proper for its use; to aid in accomplishing its construction in any and every legal way; Provided, that just and adequate compensation shall, in every case, be paid be any shall before taken or damaged. Route. General powers. Right-of-way. Proviso. SEC. V. Be it enacted, That section 1689, Code of Georgia, touching the acquisition of rights-of-way, and other property necessary or proper for the construction of railroads, and setting forth the methods of proceeding to condemn such property in the cases therein stated, be, and the same is hereby made part of this charter, and incorporated herein. All the powers, rights, privileges and franchises set forth and aseribed in said section may be exercised by this corporation in the manner therein set forth. Section 1689 of the Code made part of this charter. SEC. VI. Be it further enacted, That the principal office of said corporation shall be at the city of Quitman, county of Brooks, and State of Georgia. Principal office. SEC. VII. Be it further enacted, That said corporation shall have authority to borrow money on such terms as allowed by law; for this purpose the directors shall have authority of making and creating such mortgages or other liens as may be best in the judgment of the directors upon the property, frachises and rights of said corporation. Authorized to borrow money. SEC. VIII. Be it further enacted, That the corporators named in the first section of this Act shall have authority to organize the corporation and to manage its business until permanent directors are elected, as herein provided, and in the event of the death or refusal of any one or more of said persons to act, the remaining persons shall have authority to elect others in their stead. Provisional Directors. SEC. IX. Be it further enacted, That this charter shall continue for the space of twenty-five years from and after the passage of this Act; but shall be null and void unless work is actually begun on said road, and not less than ten miles thereof be graded and ironed within five years after the passage of this Act. And this charter shall neither be sold nor assigned by said corporators nor their successors until not less than ten miles of said road is completed, ironed and ready for the rolling stock. Term of charter. Forfeiture SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889.

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INCORPORATING THE GEORGIA AND TENNESSEE RAILROAD COMPANY. No. 288. An Act to incorporate the Georgia and Tennessee Railroad Company; to confer certain powers and privileges on said company; to authorize said railroad to make lease and traffic contracts with the Chattanooga, Rome and Columbus Railroad Company, the Georgia Midland and Gulf Railroad Company, the Alabama, Georgia and Florida Railroad Company, the Columbus Southern Railway Company, and other companies, or to consolidate with said companies, or any of them, 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, D. P. Dozier, John F. Flournoy, Oscar S. Jordan, Tol. Y. Crawford, M. M. Hirsch, E. T. Byington and C. A. Etherige, and such other persons as are or may be associated with them, and who may be stockholders, and their successors and assigns, are hereby created a body politic and corporate, under the name and style of the Georgia and Tennessee Railroad Company, and in and by that name may sue and be sued, plead and be pleaded, within any court of law or equity in this State; may contract and be contracted with; may have and use a common seal; may make such by-laws, rules and regulations as said corporation may deem best, and not inconsistent with the Constitution and laws of this State, and appoint all necessary officers for the conduct of the business of said corporation, and define their duties; may accept, purchase, hold and convey both real and personal property necessary and proper for the purposes herein provided, and do all lawful acts for the control, promotion and transaction of its business; and in addition to the rights, powers and privileges conferred on said company by the terms of this charter, it shall have such other rights, powers and privileges as are conferred on railroad companies under and by virtue of an Act entitled an Act to provide a general law for the incorporation of railroads, and to regulate the same, approved September 27, 1881. That said company shall have power and authority to survey, lay out and construct, maintain and equip a railroad from some point at or near the city of Carrollton, in the county of Carroll, or from some point on the line of the Chattanooga, Rome and Columbus Railroad through the county of Carroll, and through the following counties,

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or such of them as said railroad company may deem fit, to-wit: Heard, Coweta, Troup, Pike, Meriwether, Harris and Muscogee, to some point on the line of the Georgia Midland and Gulf Railroad, by the most direct and practicable route, to be judged of by them; Provided, that the general direction and location of said railroad shall be at least ten miles from any other railroad already constructed; but this proviso shall not be construed to refer to any point within twenty (20) miles of either termini, or within ten (10) miles of the point of crossing, when crossing another railroad. Corporators. Corporate name. General powers. Route. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That books of subscription may be opened by the Board of Directors in their discretion in Columbus, Georgia, or Carrollton, Georgia, and in any county in which it is proposed said railroad may be located and constructed, and subscriptions to the capital stock of said company may be made in the form of a general contract, or promissory notes, or other form which may be selected or agreed upon by the Board of Directors of said company, or paid in cash under the direction of the Board of Directors; and said Board of Directors may from time to time receive subscriptions until the whole capital stock is subscribed. The capital stock of said company shall be One Hundred Thousand (100,000) Dollars, and the same may be increased from time to time to an amount not exceeding Five Million Dollars, by a majority vote of the stockholders present at any regular, called, or special meeting of stockholders. Said stock shall be divided into shares of One Hundred Dollars each, and said company shall be authorized to commence business as soon as Fifty Thousand Dollars shall be subscribed to its capitals [Illegible Text]. Books of subscription. Payment of subscriptions. Capital stock. Authorized to commence business. SEC. III. Be it further enacted by the authority aforesaid, That the business and affairs of said company shall be managed by a Board of seven Directors, who shall be elected annually by the stockholders, a majority of which Board of Directors, shall be residents of this State. The first election of directors shall be held by the stockholders at their regular annual meeting in the year Eighteen Hundred and Ninety, at such time and place as may be prescribed in the by-laws of the company; in all meetings of the stockholders each stockholder shall be entitled to as many votes as the shares subscribed for by him or her; all elections at stockholders' meetings shall be by ballot and the votes cast in person or by proxy duly given in writing. The persons named as incorporators in this Charter, are hereby appointed and authorized to act as Directors of said company until the annual meeting of the stockholders in the [Illegible Text] Eighteen Hundred and Ninety, and until their successors [Illegible Text] elected, to-wit: D. P. Dozier, John F. Flournoy, Oscar S.

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Jordan, Tol Y. Crawford, M. M. Hirch, E. T. Byington and C. A. Etherige, with all the power conferred by this Act and the by-laws of the company. The Board of Directors of said company shall have power to fill all vacancies which may occur in said Board before and 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 stockholders at any time before the annual meeting in Eighteen Hundred and Ninety, for the election of a new Board to serve until such annual meeting, and said Board of Directors may call such other and as many meetings of said stockholders of said company and at such times and places as they may see fit, for the purpose of bringing before said stockholders such business of said company as said Directors may see fit to lay before them. Board of Directors. Provisional Board of Directors. Vacancies. Meetings. SEC. IV. Be it further enacted by the authority aforesaid, That the present and all future Boards of Directors shall elect from their number a President and a Vice-President of said railroad company, and to elect or appoint such other officers, agents or employes as they may deem necessary and proper to carry on the business of said company. The President and Vice President shall perform such duties as may be conferred upon them by the by-laws of said company. The President and Board of Directors shall have power to conduct and control all the business and affairs of the company, except as to matters expressly ordered otherwise by the stockholders; to make all contracts for salaries, call in and demand payment 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 and Vice-President. Duties of President and Board of Directors. SEC. V. Be it further enacted by the authority aforesaid, That said railroad company, by its Board of Directors, 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

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bonds by mortgages or deeds of trust of its railroad, real and personal property, franchises and all other rights of property; also to make and issue preferred stock and give preferences in the payment of dividends as may best subserve the purpose and interests of said company. Authority to issue bonds. Preferred stock. SEC. VI. Be it further enacted by the authority aforesaid, That in addition to the powers herein conferred upon said company, that they shall have the power and authority to cause such examination and survey to be made of the 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 and employes to enter upon the land or waters of any person for that purpose. To take and hold such volunteer grants of real estate and other property as may be made to it to aid in the construction, maintenance and accommodation of its road. To lay out its road-bed not exceeding two hundred feet in width, and to construct the same, and for purposes 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 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 said company. To construct its road across, along or upon, or to use any stream of water, water course, street, highway or canal which the route of its road shall intersect or touch; and whenever the track of said road shall touch, intersect or cross any railroad, highway or street, it may be carried over, across or under such railroad, highway or street, as may be most convenient for its purposes; and in case any embankment or cut in the construction of said road shall make it necessary to change the course of any highway or street, it shall be lawful for said company so constructing said railroad to so change the course of said road, highway or street; Provided, that said railroad company shall first obtain the consent of the municipal or county authorities, as the case may be. To cross, intersect, join or unite its railroad with any other railroad or railroads heretofore or hereafter to be built or constructed at any point on its route, or upon the grounds of any other railroad, with the necessary turnouts, side tracks and switches and other conveniences necessary in the construction of said railroad; and it may run over any other part of any other railroad's right-of-way for a distance of not more than three miles, except by contract, in order to reach its freight and passenger depots, or for the purpose of constructing its road in any city, town, village or county through or near which its railroad

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may run. That in order to reach its freight and passenger depots in any city or town in this State, authority is hereby given it to use any street, lane or alley in said city or town, as it may deem necessary for this purpose; Provided, the consent of the municipal authorities of said town or city be first obtained. 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 freight and passenger business, and for machine shops and other terminal facilities; and authority is hereby given them, in case it may be necessary, to condemn private property for these purposes, as herein provided for; Provided, that this charter shall be null and void without judgment of forfeiture if the said company fail to build and have in operation ten miles of said road within three years from the grant of this charter. To borrow such sum or sums of money, at such rates of interest and upon such terms as said company or its Board of Directors shall authorize or agree upon or may deem necessary or expedient, and may execute such trust deed, or deeds, mortgage, or mortgages, on the property of said corporation for the amount, or amounts, borrowed and owed by said company, as said Board of Directors shall deem expedient; and said company may make provisions in such trust deeds or mortgages for transferring their railroad tracks, depots, grounds, rights, privileges, franchises, immunities, rolling stock and appurtenances used in connection with said railroad in any manner belonging to said company, or which shall hereafter belong to it, as security for said bonds, debts or money. Survey. Right-of-way. Right to cross streams or other railroads. Proviso. Special privileges. Proviso. Proviso. Authorized to borrow money and execute mortgages. SEC. VII. Be it further enacted by the authority aforesaid, That the said company, in the construction of its said railroad, shall have the right to cross any other railroad heretofore or hereafter built, upon the following terms: They shall be allowed to cross at grade points, or at any other point where the same shall not obstruct the other road, and may be allowed to cross by a tunnel or bridge if necessary, said tunnel or bridge being made absolutely secure. Right to cross other railroads. SEC. VIII. Be it further enacted by the authority aforesaid, That the said Georgia and Tennessee Railroad Company shall have power to sell, lease, assign or transfer its stock, property and franchises to, or consolidate the same with those of any other railroad or railway company incorporated under the laws of this State, or of any other State, or the United States, which has been incorporated, or may hereafter be incorporated for building a railroad, or which may have been already built, either within or without this State, and which may connect with and form a continuous line of road with said Georgia and Tennessee Railroad between the city of Columbus,

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in the State of Georgia, and the city of Chattanooga, in the State of Tennessee, (and also between the said city of Columbus and any point on the State line between the States of Georgia and Florida), upon such terms as may be agreed upon by them, or said company may purchase, lease or rent any of said railroads or railways mentioned in this section, with their property and franchises; Provided, such consolidation does not have the effect to defeat or lessen competition or encourage monopoly; and, provided, none of the shares shall be sold or transferred so as to lessen competition. Authorized to lease or sell its franchises. Proviso. SEC. IX. Be it further enacted by the authority aforesaid, That the said Georgia and Tennessee Railroad Company shall have the power and authority by contract to acquire from any other railroad now constructed, or hereafter to be constructed, the right to use the tracks and right-of-way of said railroad for the purpose of reaching their depots and warehouses in any of the cities or towns of this State; and the said company shall have power and authority to lease or contract with any other railroad now built or to be built in this State, by which said railroad shall acquire the right to use the tracks of the said Georgia and Tennessee Railroad Company for the purpose aforesaid. Right to acquire use of tracks, etc., of other roads. SEC. X. Be it further enacted by authority aforesaid, That the said Georgia and Tennessee Railroad Company shall have full power and authority to enter into and make a traffic contract with any of the railroad or railway companies mentioned in section eight (8) of this Act, which said traffic contract or contracts may embrace the interchange of freight and passenger business between said Georgia and Tennessee Railroad Company and any or all of said companies mentioned in said section eight (8) of this Act, and said traffic contract may embrace and convey each to the other of said companies making said contract, the right to convey their trains of freight and passenger cars, drawn by their own locomotives, and controlled by their own officers, over each other's roads, on such terms as may be contained in said traffic contracts; and for the purpose of insuring perfect fairness between said companies so desiring to contract, it is hereby provided that said companies may, by their respective Boards of Directors, after said Board of Directors have been authorized thereto by a majority vote of the stockholders present at any regular, called, or special meeting of stockholders, cause their proper officers to agree, in the names of their respective companies, to a submission to arbitration as provided by the Code of Georgia, under the title of Arbitration and Award, and the award rendered by the arbitrators in said cause so submitted to them shall have all the force and effect of a judgment

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or decree of the Superior Court, when entered on the minutes of said Superior Court in accordance with the terms of sections 4242 and 4242 (a) of the Code of Georgia of 1882; but any person or persons having any right or interest in said companies, or any of their rights, franchises or property, either by lien thereon or in law or in equity, shall have the right to enter an appeal to the award of said arbitrators, and attach the same at the term of the court to which said award is returned. The appeal so entered shall clearly and distinctly set forth in what manner the rights or interests of such person or persons are, or may be, affected by said award, or wherein said award is otherwise illegal; whereupon the court shall cause an issue to be made up, which issue shall be tried by a special jury, under the same rules and regulations as are prescribed for the trial of appeals, which trial shall be had and verdict rendered as prescribed in sections 4243 and 4244 of the Code of Georgia of 1882; and should said award not be appealed from or attacked as prescribed in this section of this Act, and if so appealed from and attacked the same should not be set aside, then, in that event, said award shall be binding on all the parties; and in the event of a subsequent sale of either of said companies' property, franchises or railroad, the terms of said award shall bind the purchasers thereof, whether said sale be a judicial or a private sale. Traffic contracts. Arbitration. Award. Appeal. SEC. XI. Be it further enacted by authority aforesaid, That for the purposes of depots, warehouses, machine shops and other terminal facilities, the said railroad company is hereby authorized by and with the consent of the municipal authorities of any city or town in this State, into or through which said railroad may run, to use and occupy any portion of the street, or streets of said city or town. Terminal facilities. SEC. XII. Be it further enacted by the authority aforesaid, That all subscriptions made to the capital stock of said company, shall be payable in such installments, of money, work, material service or labor as may be agreed on, and if any stockholder shall neglect or refuse to pay an installment which may be called for in sixty days after same may have become due, and notice given as herein before provided at the election of the Board of Directors, such stock, with all payments previously made thereon, shall be forfeited to the company; Provided, such forfeiture is clearly authorized by the by-laws of said company, or they may have a right of action to recover all such installments as may be called in said subscription of stock. Payment of subscriptions. Forfeiture of stock. Proviso. SEC. XIII. Be it further enacted by the authority aforesaid, That in the event said company does not procure from the owner

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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 depots, 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 or her or its legally authorized representatives, just and reasonable compensation for the right-of-way, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to-wit: When the parties cannot or do not agree upon the damage done such other railroad company, for the use of its right-of-way or tracks as aforesaid, or to the owner or owners of the land or other property which the corporation seeks to appropriate as a right-of-way, or for its purposes, the said company shall choose one of the citizens of this State as its assessor, and the person or persons or railroad company owning the lands 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 interest, or should be an insane person, lunatic, idiot or minor or under any disability from any 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 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, said company 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 elected, 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 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 lands sought to be condemned, as the case may be,

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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 company shall pay for the right-of-way, right to use tracks, or land so sought to be condemned by it, and they shall file their said award within ten days after it is made, in the office of the Clerk of the Superior Court of the county where said lands or right-of-way, or tack, 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 said Clerk's office, to enter an appeal in writing, from said award to the Superior Court of the county where said award is filed; and at the next term of said court, unless continued for legal cause, it shall be the duty of the judge presiding in said cause, to cause an issue to be made up as to the damage or valuation of said land, right-of-way, (or right to use such track) as the case may be, and the same to be tried with all the rights for hearing and trying said cause in the Superior Court and in the Supreme Court, as provided for cases in common law. The entering of said appeal, and the proceedings thereon, shall not hinder or in anyway delay said company's work or the progress thereof, but the same may proceed without let or hindrance from the time said condemnation proceedings are begun; that if said company should enter said appeal, that it shall give bond and security for the payment of the amount rendered upon the final hearing of said cause. Should no appeal be entered from said award within said time, and should said company 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, in other cases of judgments of the Superior Court, and said execution may be levied upon any of the property of said company, 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 company 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

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as is usual, necessary or proper, and said right-of-way, (and right to use such track,) shall vest in said company as fully and completely, as if the same had been purchased or acquired by contract with the consent of the owners thereof. Provided, that nothing herein contained shall be construed to grant the power to condemn the main track of any railroad nor more than three miles of any side track, and then only when necessary. Disputed right-of-way. Assessors. Proviso. Award. Appeal. In case there is no appeal execution may be issued. SEC. XIV. 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 by the by-laws. Transfer of stock. SEC. XV. Be it further enacted by the authority aforesaid, That the principal office or place of business of said corporation shall be in the city of Columbus, in the county of Muscogee, and State of Georgia, but said company shall have the right to establish agencies at other points, where, in the opinion of its Board of Directors, its business may require agencies to be established, and said company may establish a depot and warehouse for railroad purposes in said city of Columbus. Principal business office. SEC. XVI. 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 said company for the amount of stock subscribed for by him or her, until such subscription is fully paid up, or until such stockholder shall have paid out of his private property debts of said railroad company to an amount equal to his unpaid subscription, and not otherwise. Liability of stockholders. SEC. XVII. 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 incorporation. SEC. XVIII. Be it further enacted by the authority aforesaid, That said company shall have the power and authority to establish, maintain and operate a steamboat or line of steamboats, to navigate the Chattahoochee, Flint and Apalachicola Rivers for the purpose of carrying freights and passengers for the benefit of, and in connection with, their said railroad, and in connection with the same. Steamboat line. SEC. XIX. Be it further enacted by the authority aforesaid, That said Georgia and Tennessee Railroad Company is hereby specially authorized by its Board of Directors to make, ratify and confirm a traffic contract as set forth in section 10 of this Act, between its said company and any or all of the companies hereinafter named, to-wit: The Chattanooga, Rome and Columbus Railroad Company, the Georgia Midland and Gulf Railroad Company, the Alabama, Georgia and Florida Railroad Company, the Columbus Southern

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Railway Company; and each of said companies, by its Board of Directors, is hereby specially authorized to make a traffic contract with said Georgia and Tennessee Railroad Company, or agree to an arbitration with said company, as provided for in section 10 of this Act; and when such traffic contract or contracts are made and executed by the proper officers of said companies making the same, or when a final award has been rendered, as hereinbefore provided, it shall be the duty of said Georgia and Tennessee Railroad Company to cause said contract or award to be recorded in the deed books of the Clerks' offices of the Superior Courts of the various counties in this State through which said Georgia and Tennessee Railroad Company may extend its line, and also in the various counties through which the railroads or railways of the various roads so contracted with, (or which may be covered by said awards), may have extended their lines; and when this is done, the recording of said contracts or awards in said counties shall have the force and effect in all the counties in which the same shall be recorded of an exercise by the State of Georgia of its right of eminent domain in behalf of each of said companies as against the other, and shall operate to vest rights in favor of each of said companies according to the terms of said contracts or awards, and the faithful performance by said companies, or any of them, of the terms of said contracts or awards shall be held and deemed a just compensation to the other company or companies for any of their property or rights of property so taken by the terms of said contracts or awards. Nothing contained in this section shall be construed to limit or restrict said Georgia and Tennessee Railroad Company from making traffic contracts under the terms of said section 10 of this Act, with any other railroad or railway company not specially mentioned in this section. Authorized to confirm traffic contracts with other companies. 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 September 16, 1889.

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AMENDING AN ACT INCORPORATING THE WAYCROSS AIR-LINE RAILROAD COMPANY. No. 306. An Act to amend an Act to incorporate the Waycross Air-Line Railroad Company; to define its rights, powers and privileges, and for other purposes, approved October 24, 1887, by providing new corporators therefor, and to authorize said company, in addition to the powers already granted, to construct, build, own, equip, operate and maintain a railroad, by such route as to said company may seem most desirable and practicable, from Waycross, through the counties of Ware, Appling, Coffee, Irwin and Wilcox, to Cordele, in Dooly county; to repeal so much of section thirteen (13) of the original Act as applies to acquiring right-of-way, and to provide the manner thereof. SECTION I. Be it enacted by the General Assembly of Georgia, That the above recited Act be, and the same is hereby, so amended as that, from and after the passage of this Act, W. B. Stillwell, L. R. Millen, L. Johnson and J. L. Sweat shall constitute the corporators and first Board of Directors of and for the Waycross Air-Line Railroad Company, in lieu of the corporators named in the original Act, and to be clothed with all the powers, rights and privileges conferred by said Act on the corporators thereof. Amends original charter. SEC. II. Be it further enacted by the authority aforesaid, That said Act also be so amended as to authorize the Waycross Air-Line Railroad Company, in addition to the powers already granted, to construct, build, own, equip, operate and maintain a railroad, by such route as to said company may seem most desirable and practicable, from Waycross, through the counties of Ware, Appling, Coffee, Irwin and Wilcox, to Cordele, in Dooly county; Provided, that said company shall have no authority to sell, lease or transfer said railroad charter to any competitive line of railroad; and if such sale, lease or transfer is made, it shall work a forfeiture of this charter. Branch road. Route. Forfeiture. SEC. III. Be it further enacted by the authority aforesaid, That section thirteen (13) of the original Act be amended by striking so much of said section as applies to acquiring right-of-way, and inserting in lieu thereof the following: That said company shall have all the powers granted in section 1689 (1) of the Code of 1882; Provided, that nothing in this charter shall be construed to give the said company the power to take or damage private property

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until just and adequate compensation has first been paid. No power is granted to said corporation to take, use or occupy any street or public highway until the authorities having charge thereof shall have consented thereto. Amends section 13. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That section 17 of said original Act, which prescribes and fixes the distance the Waycross Air-Line Railroad may run from other roads, be, and the same is hereby, repealed. Repeals section 17 of original Act. SEC. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 25, 1889. INCORPORATING THE SOUTH BOUND RAILROAD COMPANY. No. 310. An Act to incorporate the South Bound Railroad Company; to recognize and confirm the charter already granted to the said company, and to confer additional powers and rights upon the said company; to authorize it to purchase, build or construct and run and operate as part of its corporate property, steamboats or vessels, and for other purposes. WHEREAS, Under an Act of the Legislature of the State of Georgia, approved September 27, 1881, entitled, An Act to provide a general law for the incorporation of railroads, and to regulate the same, to be found in sections 1689 (a) et seq. of the present Code of Georgia, and amendatory Act of the Legislature, approved September 28, 1883, Herman Myers, John L. Hammond, and others, obtained on the 5th day of November, 1888, from the Secretary of State, a certificate of incorporation for the said South Bound Railroad Company, and under the said charter, the said company has been organized for the purpose of constructing, maintaining and operating a railroad from a point in Effingham county, Georgia, at or near Sisters' Ferry, on the Savannah River, to a point on the Florida line, in Camden county, Georgia, on the St. Marys River and through the counties of Effingham, Chatham, Bryan, Liberty, McIntosh, Wayne, and Camden. Preamble.

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SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Herman Myers, John L. Hammond, Thomas F. Stubbs, William S. Tison, J. Florence Minis and Brantly A. Denmark, of the city of Savannah, Georgia, and John Lawton, of the State of South Carolina, the present Directors of the said railroad company, be, and they are hereby, created and recognized as a body politic and corporate under the name of the South Bound 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, and to have and use a corporate seal; to hold, to have and enjoy all such real and personal property as may be necessary to or will advance or promote the interest of the 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, That all the powers, rights, privileges and immunities specified in the said Act of the General Assembly, approved September 27, 1881, as amended by the Act approved September 28, 1883, are hereby specifically granted to and conferred upon the said The South Bound Railroad Company as fully and as completely as if all of the said powers, rights, privileges and immunities were herein fully and at large set forth; 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 said railroad company under its said charter obtained from the Secretary of State, in pursuance of the said general law. This Act is intended as a special Legislative grant to said company of all the powers, rights, privileges and immunities conferred by its previous charter, and of such additional powers and rights as are herein by this Act conferred. But nothing herein contained shall be so construed as to authorize said South Bound Railroad to take or damage property until just and adequate compensation has first been paid. Incorporates General railroad law in this charter. SEC. III. Be it further enacted, That the said railroad company is hereby authorized and empowered by and with the consent of the corporate authorities of the city of Savannah, and upon such terms as may be agreed upon with the said corporate authorities, to construct and operate its railroad within the corporate limits of the said city, and to use therefor a street or streets within said city as may be determined by the said corporate authorities; Provided, that no public road or street shall be taken without the consent of the county or city authorities. Terminal facilities. Proviso.

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SEC. IV. Be it further enacted, That the said railroad company is also authorized and empowered to cross any other railroad or a highway by tunneling under or bridging over the same, or by going over on a level with said railroad or highway (the said company being bound to use proper precautions and safeguards in crossing another railroad or a highway), and to purchase, build or construct, and run and operate, as part of its corporate property, such number of steamboats or vessels as the said company may deem necessary to facilitate its business operations or advance its interest. Authority to cross other railroads. SEC. V. Be it further enacted by the authority aforesaid, That no sale, transfer or consolidation shall be made by the said railroad company of its franchise until at least ten miles of its road has been graded, ironed, and is ready for rolling stock. Prohibits transefer of stock until ten miles of road is graded and ironed. SEC. VI. Be it further enacted, That if at least ten miles of its railroad is not built, ironed and ready for rolling stock within five years from the passage of this Act, then, and in that case, this charter shall lapse, and all the rights, powers and privileges granted herein shall be and become null and void. Forfeiture. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 26, 1889. INCORPORATING THE AUGUSTA AND WESTERN RAILROAD COMPANY. No. 311. An Act to incorporate the Augusta Western Railroad Company, and to grant certain privileges therein mentioned. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That R. A. Bowie, of Chattanooga, Tenn.; J. C. Wall, of Wallview, Tenn.; John England, of Blairsville, Ga.; J. H. Nichols, of Nacoochee, Ga., and J. Bruce Dickey, of Mineral Bluff, Ga., with such others as they may associate with them under this Act, be, and they are hereby, created a body corporate and politic by the name of the Augusta Western Railroad Company, and by that name they and their successors and assigns shall and may continue such body corporate and politic; may make by-laws, rules and regulations for its government not inconsistent with the laws and Constitution of this State, and do all lawful acts incident to a

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corporation, and necessary and proper for the transaction of the business for which it is incorporated; may determine as to the number of directors, time and mode of electing them, and to have a common seal, and to alter and destroy the same at pleasure. Corporators. Corporate name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the said company shall have the right, power and authority to build, construct, own and maintain a railroad from the city of Augusta, Georgia, by the most practicable route through the Unacoi or Indian Grave Gaps of the Blue Ridge Mountains, near the head waters of the Chattahoochee River, thence westward through Towns county, and by the way of Blairsville, in the county of Union, if as practicable as any other route, and to connect with any railroad that may be constructed, or under contract to build to the Tennessee line, with full authority to connect or consolidate with any railroad now constructed, or that hereafter may be constructed, and which may form a link in any part of said line; and to build branch lines to forests, quarries, mines, etc., near the main line of said railroad. Route. Special privileges. SEC. III. Be it further enacted by the authority aforesaid, That the said company is empowered to cause such examinations and surveys to be made of the proposed line as shall be necessary to select the most advantageous routes, and for that purpose may enter upon the lands of any person; and said corporation may acquire by gift or purchase real estate or other property for the construction, maintenance and accommodation of said railroad; and shall have authority to lease or buy any lands, and to sell such lands as they may deem advisable; and said corporation is further authorized and empowered to lay out its line of railroad on a right-of-way not more than two hundred feet in width, and to remove trees and other obstructions in the right-of-way, making compensation therefor in the manner prescribed in this Act; to construct its railroad across, along and upon any water course, highway or canal, or across any other railroad which the route of said railroad shall intersect or touch, to cross at, grade, intersect, join or unite its railroad with any railroad now or hereafter to be constructed and built, at any point in its route upon the right-of-way of any other railroad company; making compensation therefore in the manner herein prescribed. Surveys. Right-of-way. May intersect or cross other roads. SEC. IV. Be it further enacted by the authority aforesaid, That when damages for right-of-way, or the value of land sought to be condemned, cannot be agreed on by and between the company and the land owner, the matter in controversy shall be submitted to arbitration in the manner prescribed by the Code of 1882; but if either fail or refuse to choose an arbitrator, the Ordinary of the

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county where the land sought to be condemned is situated shall, upon the application of the other party, select an arbitrator for said person or persons. Such arbitrators so chosen, after selecting a third, shall proceed to condemn the land in question, fix its value and file their award in terms of the law, either party having the right to appeal to the Superior Court of the county, under the general law of appeals; and upon the payment of damages so assessed, a fee simple title to such lot, strip or parcel of land shall vest in said company. Damages for disputed right-of-way to be settled by arbitrators. Appeal. SEC. V. 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, from time to time, to any amount not to exceed two million dollars, which shall be divided into shares of one hundred dollars each, and said company shall be authorized to commence to construct said railroad whenever, in the judgment of the corporators, the amount of fifty thousand dollars shall have been subscribed to the capital stock of said company, and five per cent. of the amount actually paid in. Capital stock. May commence construction. SEC. VI. Be it further enacted by the authority aforesaid, That the books of subscription or subscription lists may be opened by corporators or others at either terminus, or in either county in which it is proposed said railroad may be located and constructed, or elsewhere; and subscriptions to the capital stock of said company may be made in the form of a general contract or agreement, or in promissory notes or other form, or may be paid in cash, labor, land, cross-ties or timber, and when said subscriptions are fully paid, certificates of stock shall be issued, but no certificate shall be issued for less than one-fourth of a share. Books of subscription. Payment of subscriptions. SEC. VII. 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 upon, or in the absence of such an agreemant, in such installments as may be ordered by the Board of Directors; and if any stockholder shall neglect or refuse to pay any installment in sixty days after the same may have become due and personal notice given ten days, or publication in paper where Sheriff's sales are published for that county, such stock with all payments previously made thereon, in the discretion of the Board of Directors, shall be forfeited to the company, or the said company shall have the right of action to recover all such installments as may be called and not paid. Forfeiture of stock. SEC. VIII. Be it further enacted by the authority aforesaid, That said railroad company shall have power to make, issue and

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sell bonds of such denomination or denominations, to bear such rate of interest, not exceeding eight per cent. per annum payable at such times and places, and to such an amount, as the Directors may determine; and to secure 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. Authorized to issue bonds. 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 stockholders, and shall hold office until their successors are elected and qualified, and the President, by virtue of his office, shall be one of the directors above mentioned; but until the amount of fifty thousand dollars is subscribed to the capital stock of said company, and until a Board of Directors shall be elected, and shall qualify, the business and affairs of said corporation shall be managed by said corporators, or a majority of such of them as shall act, and such other persons as they may associate with them as directors. The first election shall be held whenever the stockholders may determine, and annually thereafter, at such times and places as may be prescribed by the by-laws of said company. In all meetings of the stockholders, each stockholder shall be entitled to as many votes, or fractional parts of votes, as the number of shares, or fractional parts thereof, are owned by him or her. All elections shall be by ballot, unless otherwise provided by the bylaws of said company, and the votes may be cast in person by the stockholders, or by written proxies, but no person not a stockholder shall be capable of holding such proxy. The Board of Directors of said company shall have power to fill all vacancies which may occur in the Board of Directors, and the person so elected shall hold office until the next regular election, and until their successors shall qualify. The incorporators may choose one of their number to act as President until a Board of Directors are elected, and one of their number chosen as President. They may also elect a Secretary and Treasurer. The President may appoint such other officers, agents and employes as he may deem necessary and proper to carry on the business of the company. The President and Board of Directors shall have power to control all the business and affairs of said company, call in and demand payment of subscription in installments, as agreed, or as they may deem proper; but the company shall not be entitled to recover by action for any installments that may be due upon stock which is forfeited for non-payment of installments. The directors shall have power to adopt a corporate seal, to make any by-laws

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and regulations not inconsistent with the laws of this State, and to declare dividends. Management of business affairs. Provisional Board of Directors. President pro tem. SEC. X. Be it further enacted by the authority aforesaid, That the stock of the company shall only be transferrable on the books of the company under regulations to be prescribed by the by-laws. Transfer of stock. SEC. XI. Be it further enacted by the authority aforesaid, That all powers, privileges and immunities specified under the general law for the incorporation of railroads, together with all the powers, privileges and immunities set forth and contained in the Code of Georgia of 1882, from section 1689 (a) to section 1689 (gg) inclusive, are hereby specially granted to, and conferred upon the Augusta Western Railroad Company, except so far as this Act may alter, change, or add to the same. This Act shall continue and be in force for the term of fifty years, with privileges of renewal. The charter hereby granted shall not remain legal and valid for a longer term than three years from the date of this grant unless bona fide work is commenced on the same; nor if the said line of railroad shall run in a parallel direction with any other railroad now completed (unless to cross the same) within a distance of ten miles, provided this inhibition shall not be deemed and held to exist where it is necessary to reach a terminal point or city or town on its line. Nothing in this charter shall be construed to authorize said company to take, use, own or control any land or property until just and adequate compensation shall have first been paid; Pravided, that said railroad company shall not be authorized to take and use any of the public roads of any of the counties through which said railroad passes without first obtaining the consent of the proper authorities of the respective counties. Powers and privileges granted in general railroad law incorporated in this charter. Proviso. Proviso. SEC. XII. Be it further enacted by the authority aforesaid, That if ten miles of said railroad is not completed and ready for rolling stock within five years from the passage of this Act, this charter shall be null and void; and this charter shall not be transferred to any person or persons, other than the incorporators, until at least ten miles of said road is built and ready for rolling stock. Forfeiture of charter. SEC. XIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889.

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INCORPORATING THE OCEAN POND AND ST. MARYS SHORT LINE RAILROAD COMPANY. No. 330. An Act to incorporate the Ocean Pond and St. Marys Short Line Railroad Company, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That Lawrence A. W. Senbaker, Robert Hineley, George Calbrath, E. J. W. Prescott, D. W. Barnes, I. C. Johnson, A. D. Lashley, T. C. Ham and T. G. Cranford, their associates, successors and assigns, be, and they are hereby, incorporated under the name and style of The Ocean Pond and St. Marys Short Line Railroad Company, with continuous succession as a corporation, and by that name to sue and be sued, plead and be impleaded in all the courts; to have and use a corporate seal; to make by-laws, etc., not contrary to the laws of this State, or of the United States; to acquire by gift, grant, lease, or otherwise, property of all kinds, and to hold and dispose of the same at pleasure, and to do any and all other acts necessary to carry out the object of this Act, and not contrary to the Constitution and laws of this State, or the United States. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That the capital stock shall be one hundred thousand dollars, with the privilege of increasing the same to half a million dollars; said capital stock shall be divided into shares of one hundred dollars each; that the corporators before named shall act until directors are elected by the stockholders, and manage and control all the business of said company; that each share of such capital stock will authorize its holder in person, or written proxy, to one vote, and no one shall handle such proxy but a shareholder; that the stockholders shall have annual meetings, at which a Board of Directors, from five to ten, shall be elected, who from their own number shall elect a President and Vice-President, and no one shall be a director who is not a stockholder in said company; that the corporators or directors may open books for subscription at such times and places as they may think proper, and such directors may, in their discretion, receive other things than money from subscribers; that a majority of stockholders, and also a majority of the directors, shall constitute a quorum for the transaction of business. Capital stock. Provisional Directors. Board of Directors. Books of subscription. SEC. III. Be it further enacted, That said company shall have power to lay out, survey, construct, equip and operate a railroad from Ocean Pond, in Lowndes county, via Statenville, Tarver, Fort Gilmore to deep water at St. Marys, in Camden county. Route.

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SEC. IV. Be it further enacted, That sections 1689 (i), 1689 (l) of the Code of Georgia of 1882 be incorporated and made part of this Act, and all other parts of said Code upon the subject of incorporating railways, not inconsistent with this charter and its purpose, be, and the same are hereby, made a part of this Act; Provided, that nothing in this section shall be construed to give said company the right or power to take or damage any private property till just and adequate compensation has first been paid; and, provided further, that said company shall obtain the consent of the proper authorities of the counties respectively through which said railroad may run, before they shall be authorized to take and use any of the public roads for the purposes of said railroad. Incorporates section 1689 (i), 1689 (l) of the Code as part of this charter. Proviso. SEC. V. Be it further enacted, That this charter shall be null and void if at least ten miles of said road is not graded and ironed and ready for rolling stock in ten years; and this charter shall not be transferred until at least ten miles of said road shall have been completed. Forfeiture of charter. SEC. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889. INCORPORATING THE DAHLONEGA AND DAWSONVILLE RAILROAD COMPANY. No. 332. An Act to incorporate the Dahlonega and Dawsonville Railroad Company and to grant certain privileges therein mentioned. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That P. B. Lawrence, Hiram B. Smith, Wier Boyd and Frank W. Hall, together with such other persons as they may associate with them, under this Act, be, and they are hereby, created a body corporate and politic by the name of the Dahlonega and Dawsonville Railroad Company, and by that name they and their successors and assigns shall and may continue such body corporate and politic; may make by-laws, rules and regulations for its government not inconsistent with the laws and Constitution of this State, and do all lawful acts incident to a corporation and necessary and proper for the transaction of the business for which it is incorporated; may

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determine as to the number of Directors, time and mode of electing them, and to have a common seal, and to alter and destroy the same at pleasure. Corporators. Corporate name. General powers SEC. II. Be it further enacted by the authority aforesaid, That the said company shall have the right, power and authority to build, construct, own and maintain a railroad from some point in Pickens county where it may connect with the Marietta and North Georgia Railroad, or any other railroad that may be constructed or under contract to build, thence via Dawsonville, in the county of Dawson, Dahlonega, in the county of Lumpkin, and to connect with the Atlanta and Charlotte Air-Line Railroad at or near Lula, in the county of Hall, or with the Northeastern Railroad at the last named place. Route. Connections. SEC. III. Be it further enacted by the authority aforesaid, That the said company is empowered to cause such examinations and surveys to be made of the proposed line as shall be necessary to select the most advantageous routes, and for that purpose may enter upon the lands of any person; and said corporation may acquire by gift or purchase real estate or other property for the construction, maintenance and accommodation of said railroad, and shall have authority to lease or buy any lands, and to sell such lands as they may deem advisable; and said corporation is further authorized and empowered to lay out its line of railroad on a right-of-way not more than two hundred feet in width, and to remove trees and other obstructions in the right-of-way, making compensation thereof in the manner prescribed in this Act; to construct its railroad across, along and upon any water course, street, highway or canal, and along and across any other railroad which the routes of railroad shall intersect or touch; to cross at grade, intersect, join or unite its railroad with any railroad now or hereafter to be constructed and built at any point in its route, upon the right-of-way of any other railroad company when necessary, making compensation therefor in the manner herein prescribed. Survey of route. Right-of-way. SEC. IV. Be it further enacted by authority aforesaid, That when damages for right-of-way, or the value of land sought to be condemned cannot be agreed on by and between the company and the land owner, the matter in controversy shall be submitted to arbitration in the manner prescribed by the Code of 1882; but if either party fail or refuse to choose an arbitrator the Ordinary of the county where the land sought to be condemned is situated, shall, upon the application of the other party, select an arbitrator for said person or persons; such arbitrators so chosen, after selecting a third, shall proceed to condemn the land in question, fix its value

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and file their award in terms of the law, either party having the right to appeal to the Superior Court of the county under the general law of appeals; and upon the payment of damages so assessed title to such lot, strip, or parcel of land shall vest in said company. Disputed right-of-way. Arbitrators. Award. Appeal. SEC. V. 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 from time to time to any amount not exceeding two million dollars, which shall be divided into shares of one hundred dollars each and said company shall be authorized to commence to construct said railroad, whenever in the judgment of the corporators, the amount of fifty thousand dollars shall have been subscribed to the capital stock of said company and five per cent. of the amount actually paid in. Capital stock. May commence business. SEC. VI. Be it further enacted by the authority aforesaid, That the books of subscription or subscription lists may be opened by corporators or others at either terminus or in either county in which it is proposed may be located and constructed or elsewhere; and such subscriptions to the capital stock of said company may be made in the form of a general contract or agreement, or in promissory notes or other form, or may be paid in cash, labor, land, crossties or timber; and when said subscriptions are fully paid, certificates of stock shall be issued, but no certificate shall be issued for less than one-fourth of a share. Books of subscription. Payment of subscriptions. SEC. VII. 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 upon, or in the absence of such an agreement, in such installments as may be ordered by the Board of Directors; and if any stockholder shall neglect or refuse to pay any installment in sixty days after the same may have become due and personal notice given ten days or publication in paper where Sherifl's sales are published for that county, such stock with all payments previously made thereon, in the discretion of the Board of Directors, shall be forfeited to the company or the said company shall have the right of action to recover all such installments as may be called and not paid. May be paid in installments. Forfeiture of stock. SEC. VIII. Be it further enacted by the authority aforesaid, That said railroad company shall have power to make, issue and sell bonds of such denomination or denominations, to bear such rate of interest not exceeding eight per cent. per annum, payable at such times and places and to such an amount as the directors may determine; and to secure payment of the principal and interest of

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said bonds by mortgages or deeds of trust of its railroad, real and personal property, franchises and all other rights of property. Authorized to issue bonds. 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 stockholders, and shall hold office until their successors are elected and qualified, and the President, by virtue of his office, shall be one of the directors above mentioned; but until the amount of fifty thousand dollars is subscribed to the capital stock of said company, and until a Board of Directors shall be elected and shall qualify, the business and affairs of said corporation shall be managed by said corporators, or a majority of such of them as shall act, and such other persons as they may associate with them as directors. The first election may be held whenever the stockholders may determine, and annually thereafter at such times and places as may be prescribed by the by-laws of said company. In all meetings of the stockholders each stockholder shall be entitled to as many votes or fractional parts of votes as the number of shares or fractional parts thereof are owned by him or her. All elections shall be by ballot, unless otherwise provided by the by-laws of said company, and the votes may be cast in person, by the stockholders, or by any person duly authorized by written proxy. The Board of Directors of said company shall have power to fill all vacancies which may occur in the Board of Directors; and the person so elected shall hold office until the next regular election and until their successors shall qualify. The incorporators may choose one of their number to act as President until a Board of Directors are elected, and one of their number chosen as President. They may also elect a Sceretary and Treasurer. The President may appoint such other officers, agents and employes as he 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 said company, call in and demand payment of subscription in installments as agreed, or as they may deem proper, but the company shall not be entitled to recover by action for any installment that may be due upon stock which is forfeited for non-payment of installments. The directors shall have power to adopt a corporate seal; to make any by-laws and regulations not inconsistent with the laws of the State, and to declare dividends. Provisional Directors. Election of officers. Board of Directors. President. SEC. X. Be it further enacted by the authority aforesaid, That the stock of the company shall only be transferable on the books of the company, under regulations to be prescribed by the by-laws. Transfer of stock.

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SEC. XI. Be it further enacted by the authority aforesaid, That all powers, privileges and immunities specified under the general law for the incorporation of railroads, together with all the powers, privileges and immunities set forth and contained in the Code of Georgia of 1882, from section 1689 (a) to section 1689 (gg) inclusive, are hereby specifically granted to and conferred upon the Dahlonega and Dawsonville Railroad Company, except so far as this Act may alter, change or add to the same. This Act shall continnue and be in force for the term of fifty years with privilege of renewal. The charter hereby granted shall not remain legal and valid for a longer term than ten years from the date of this grant, unless bona fide work is commenced on the same; nor if the said line of railroad shall run in a parallel direction with any other railroad now completed unless to cross the same within a distance of ten miles; Prorided, this inhibition shall not be deemed and held to exist where it is necessary for said railroad to reach a terminal point or city or town on its line. Nothing in this charter shall be construed to authorize said company to take, use, own or control any land or property until adequate and just compensation shall have first been paid; Prorided that said railroad company shall not be authorized to take and use any of the public roads of any of the counties through which said railroad passed without first obtaining the consent of the proper authorities of the respective counties. General railroad law incorporated as part of this charter. Expiration of charter. Proviso. Proviso. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889. INCORPORATING THE ATLANTA AND LITHONIA RAILROAD COMPANY. No. 361. An Act to incorporate the Atlanta and Lithonia Railroad Company, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Samuel H. Venable, Samuel B. Hoyt, Walter R. Crosby, James D. Collins, John T. Glenn, Charles Venable, William

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H. Venable, and their associates, successors and assigns, be, and they are hereby, incorporated, under the name and style of the Atlanta and Lithonia Railroad 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 cash, or that which said persons deem its equivalent, in installments, as called for by the Board of Directors. Books of subscription. Payment of subscriptions. SEC. III. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand 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 paying its debts, to any sum not exceeding five hundred thousand 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 or franchises granted by this charter, as soon as the sum of twenty-five thousand dollars has been bona fide subscribed on the books of said corporation. Authorized to begin 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 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. Each share entitles owner to one vote. 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 Directors. SEC. VII. Be 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 on the proposed line of said road, which meeting, when assembled, shall proceed to elect a permanent

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Board of Directors, a majority of the stock voting being necessary to a choice. Permanent organization. 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 five persons. A majority of said directors shall constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders on such day and time and on such public notice as may be fixed by the by-laws. Prorided, 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 or deed or deeds of trust, or security for the fulfillment of 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 offices 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 nine members. Board of Directors. Annual Elections Authority of Board of Directors. 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 months 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 and shares of such stockholders 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

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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. Forfeiture of 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. SEC. XI. Be it further enacted, That said corporation shall have authority to construct, purchase, own, operate, maintain a main line of railroad from any point in DeKalb, Gwinnett or Rockdale county to Atlanta, Georgia, in 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 it construction; and shall have power to issue stock, borrow money, issue bonds and secure the same by mortgages or deeds of trust, as heretofore provided for. Route. General powers. 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 the city of Atlanta; 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

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for condemnation of rights-of-way, and said corporation shall have authority to connect its tracks with the tracks of other railroads in such city, 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. Privilege to cross or run on the track of another road for two miles. Proviso. 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 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 this State as provided in this charter, it shall be lawful for said corporation to construct its railaoad over any lands belonging to other persons, or over such rights-of-way or tracks of other railroads as aforesaid, upon paying 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 land which the corporation seeks to appropriate as a right-of-way for its purposes, the corporation shall choose one of the citizens of this State as its assessor, and the person or persons or railroad company owning the land sought to be taken, or the right-of-way or track sought to be used, shall choose another as his, her, its or their assessor; and in case the persons owning such land, or a majority of them, if more than one person owns the land sought to be condemned, or said railroad company owning such right-of-way or tracks sought to be used, should fail or refuse to make such choice, or select some one to represent his, fail 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, than 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

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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 touse 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 deeree 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 the award to the Superior Court of the county where such award is filed, at the term then 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 the 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, and under disability from any other cause, and have no legal representative, then, and in that event, said sum so awarded

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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 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. But nothing contained in any of the sections of this Act shall be so construed as to authorize said Atlanta and Lithonia Railroad Company to take or damage property until just and adequate compensation has first been paid. Disputed right-of-way. Assessors. When owners or railroads refuse to select assessors. Proviso. Award. Right of appeal. In case there is no appeal. SEC. XIV. Be it further enacted, That said company is hereby authorized and empowered to merge and consolidate its capital stock, real estate, personal or mixed, franchises, rights, privileges and property with any other railroad company or companies chartered by or authorized under the laws of this State, whenever the railroad company 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 five or 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; 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 said consolidated company maintains in this State an office or offices, and agent or agents, upon whom process may be served; but the said railroad company shall not have the right to sell or transfer its franchise, nor to merge or consolidate its railroad, until at least three miles of it has been graded, ironed, and is ready for rolling stock. Authorized to unite with other roads. The consolidated company. Proviso. 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 stock and bonds either of this company or of any company formed under section fourteen or to guarantee or indorse such bonds or stock, or either of them, and it shall and may be

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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 fourteen 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 fourteen, to subscribe to or purchase and to hold the stock or bonds, or both, of any other railroad and 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 such railroad or transportation company; Provided, the road or line of such company shall directly, or by means of one or more intervening road 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. Other roads may purchase bonds of this company or lease the road and its franchises. Proviso. SEC. XVI. Be it further enacted, That if at least three miles of this railroad is not built, ironed and ready for rolling stock within five years from the passage of this Act, then, and in that case, this charter shall lapse, and all the rights, powers and privileges granted herein shall be and become null and void. Forfeiture 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 October 7, 1889. INCORPORATING THE CATOOSA RAILROAD COMPANY. No. 364. An Act to incorporate the Catoosa Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That G. P. Harris, J. M. Edwards, J. R. Cramus, R. M. Morris and J. H. Anderson, all residents of the county of Catoosa, in this State, and such persons as may be associated with them, and who

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shall be stockholders, and their successors and assigns, be, and they are hereby, created a body politic and corporate, under the corporate name of the Catoosa Railroad Company, with power, under said name, to sue and be sued, plead and be impleaded, within any of the courts of this State; to have and use a common seal; to purchase and receive donations of real or personal property, and use the same in such manner as may be conducive to the interests of said company, together with such powers as hereinafter conferred, as also those powers conferred generally on like corporations by the laws of this State. The principal office of said company shall be in Ringgold, Catoosa county, Georgia. Corporators. Corporate name. Principal office. SEC. II. Be it further enacted by the authority aforesaid, That said company be, and they are hereby authorized and empowered to build, construct, equip, maintain and operate a railroad from Ringgold, in said county of Catoosa, to any point on Chickamauga battle field, and to any point in the counties of Catoosa or Walker they may desire. Route. SEC. III. Be it further enacted by the authority aforesaid, That said company is hereby empowered to cause such examinations and surveys to be made of the proposed line as may be necessary to select the most advantageous route, and for that purpose may enter on the lands of any person or persons, natural or artificial, and may acquire title to real or personal property necessary for construction, maintenance or operation of said railroad, and may hold and use such real estate and other property for stations and connections with other railroads, terminal facilities and for other purposes; and are hereby given authority to have, buy, and accept and receive, if donated, any lands necessary for its right-of-way, construction or use; and to lay out its line of railroad on a right-of-way not exceeding 200 feet wide, and so much land as may be necessary for cutting and filling the proper construction and security of said railroad; and shall have power to move trees and other obstructions from the right-of-way, making just compensation therefor to owners, as hereinafter prescribed; and to construct its railroad along and upon any street or highway, after obtaining consent of the proper municipal or county authorities, and to erect all necessary sidings, turnouts, or other conveniences for the operation of said railroad; to convey passengers and all manner of freight by use of steam, electric, or other mechanical or animal power, and to charge and receive compensation for same, as may be reasonable under the laws of this State, and do all things necessary for a general railroad business; also to borrow money at such rate, not usurious, and on such terms as the Board of Directors may agree on, and may execute such

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mortgages and trust deeds as may be necessary, or as occasion may require, on its franchise and property of every description. Survey. Right of way. Motive power. Authorized to negotiate loans. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be one hundred thousand dollars, with power to have the same increased to one hundred and fifty thousand dollars by a majority vote of the stockholders, which shall be divided into shares of one hundred dollars each, and said company is authorized to commence the construction of said road whenever the amount of twenty thousand dollars is bona fide subscribed to the capital stock of said company, and ten thousand dollars thereof have beon paid in. Capital stock. May commence work. SEC. V. Be it further enacted by authority aforesaid, That the books of subscription may be opened by the corporators at Ringgold, Ga., and when subscriptions are fully paid, certificates of stock shall be issued on the basis of one share for every one hundred dollars paid, and if any stockholder neglects to pay his installments of stock within thirty days after same may fall due, his stock shall be forfeited and so declared by the directors. Books of subscription. Forfeiture of stock. SEC. VI. Be it further enacted by the authority aforesaid, That the said company shall have all the powers granted in 1689 (l) of the Code of 1882. Provided, that nothing contained in this charter, shall be construed to give to said company the power to take or damage any property until just and adequate compensation has first been paid. General powers. Proviso. SEC. VII. Be it further enacted by authority of the same, That the business of said corporation shall be conducted by a Board of three Directors to be chosen and selected by the stockholders, and elected annually, and shall hold their offices until their successors are elected, and in case of vacancy by death or otherwise, the remaining directors may fill such vacancy from the stockholders, and such director so selected may serve until the next election in course. The directors shall elect a President, Secretary and Treasurer and General Manager of said company, and may devolve the duties of said offices on the same person. Business management. SEC. VIII. Be it further enacted by the authority aforesaid, That the first election shall be held whenever the sum of Twenty Thousand Dollars of stock may be bona fide subscribed on call of the incorporators. The elections shall be by ballot and each share shall be entitled to one vote. Election of officers. SEC. IX. Be it further enacted by the authority aforesaid, That the President and Board of Directors shall have full control and management of the business of said company, and may call for installments of stock, in whole or in part, as they may see proper, and

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may sue for and recover the same, unless the same has been forfeited for non-payment. The directors shall have authority to make by-laws, adopt a seal, declare dividends, and do all such things as directors usually do in such cases. The corporators, or a majority of them, and such persons as they may select as directors, shall control the affairs of said company until the first election of directors. President and Board of Directors. SEC. X. Be it further enacted by authority of the same, That the stock of said company shall be transferable only on the books of said company, as the by-laws may prescribe. No share shall be transferable until full amount thereof shall be paid to the company. Transfer of stock. SEC. XI. Be it further enacted by authority of the same, That all the privileges and powers prescribed under the general laws for incorporation of railroad companies in this State, eontained in the Code of Georgia, from section 1689 to 1689 (gg), inclusive, are hereby given to and conferred on said Catoosa Railroad Company, except so far as altered by this Act. General railroad law made part of this charter. SEC. XII. Be it further enacted by authority aforesaid, That all the property of said company shall be subject to ad ralorem taxation, the same as other property in this State. Taxation. SEC. XIII. Be it further enacted by the authority aforesaid, That this Act shall be null and void unless five miles of the said railroad shall have been built, equipped and in running order in five years from the passage of this Act, and this charter shall not be transferred unless five miles of said road is completed and ready for rolling stock. Forfeiture of charter. 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 October 11, 1889. INCORPORATING THE WASHINGTON AND LINCOLNTON RAILROAD COMPANY. No. 366. An Act to incorporate the Washington and Lincolnton Railroad Company; to grant certain powers, rights and privileges to said corporation, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That James M. Smith, of Oglethorpe county,

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Georgia; L. C. Coleman, T. P. Harman and John Sims and J. E. Strother, of Lincoln county, Georgia; James A. Benson, T. M. Green, and E. T. Shubrick, of Wilkes county, Georgia, their successors and associates, be, and they are hereby, incorporated under the name of Washington and Lincolnton Railroad Company, and by that name to have succession, purchase and hold property, sue and be sued, make contracts, and generally do any and everything that may be necessary to carry out the purposes of this incorporation. Corporators. Corporate name. SEC. II. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars, with the privilege of increasing the same to one-half million dollars by a vote of a majority of the stockholders whenever deemed necessary for the purpose of this Act; that said capital stock shall be divided into shares of twenty-five dollars each, and may be paid in money, labor, land, right-of-way, material, or anything which can be used in carrying out the purposes of this Act. Capital stock. How paid. SEC. III. Be it further enacted, That said corporation shall have the right to commence operations and exercise all the rights, powers, functions and privileges granted by this charter as soon as the sum of twenty thousand dollars has been bona fide subscribed on the books of said corporation, and ten per cent. paid in. Authorized to commence business. SEC. IV. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors to consist of seven members, to be elected annually by the stockholders. The said board shall select one of their number to act as President, and shall have the right to provide for such other officers or agents as they shall deem necessary for the transaction of the business of the corporation. The salaries and compensation of all officers and agents shall be fixed by said Board of Directors. The said board shall also have the right to prescribe and establish by-laws, rules and regulations for the government of said corporation in the transaction of its business, not in conflict with its charter or the laws of the State. Board of Directors. Salaries. SEC. V. Be it further enacted, That said corporation shall have authority to construct, lay out, maintain, equip and operate a line of railroad from the town of Washington, in Wilkes county, to the town of Lincolnton, in the county of Lincoln, in this State, and shall have all the powers, rights, franchises and facilities necessary or proper to successfully accomplish and maintain the objects of its incorporation, as aforesaid. It may purchase, condemn and acquire such rights-of-way, not exceeding two hundred feet in width, terminal facilities, and other real estate along its line as may be necessary or proper for its use or to aid in accomplishing its construction;

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Provided, that just compensation shall, in every case, be paid therefor before said railroad company shall enter upon, or take possession of any land for its purposes without the consent of its owner. Route. Right-of-way. Proviso. SEC. VI. Be it further enacted, That section 1689 (2) of the Code of this State, concerning the acquisition of rights-of-way and other property necessary or proper for the construction of railroads and setting fourth the methods of proceeding to condemn such property in certain cases therein stated, be, and the same is hereby made part of this charter, and incorporated into the same, and all the powers, rights, privileges and franchises set forth and described in said section, may be exercised by this corporation in the manner therein set forth. Provided, that nothing herein contained shall authorize the taking or damaging of any private property until just and adequate compensation be first paid. Section 1689 made a part of this charter. Proviso. SEC. VII. Be it further enacted, That said corporation shall be authorized to build such branches along the main line as may be desirable in the judgment of the Board of Directors. The said corporation shall have the same right to acquire title to land or right-of-way, or other property required for the purpose of constructing the said extensions and branches as are granted herein for the construction of the main line, and all the powers, rights and franchises granted to said corporation for the construction and operation of the main line, shall apply to and be operative as to all such extensions and branches as aforesaid. Branch roads. SEC. VIII. Be it further enacted, That the principal office of said corporation shall be located at Washington, in Wilkes county, Georgia, or at such other point on its main line as may be deemed best by a majority of its Board of Directors. Principal office. SEC. IX. Be it further enacted, That the said corporation shall have authority to borrow money at such rate of interest, not to exceed the legal rate authorized by this State, and upon such terms as the Board of Directors may authorize or deem expedient. It shall have the right to make, issue and negotiate bonds, in such amounts as its Board of Directors may deem proper, and for the purpose of securing the payment of the principal and interest of the same, may execute such deeds of trust, mortgages or other encumbrances as may be proper, upon the property of said corporation, its franchises, privileges, immunities, rolling stock, furniture, tools, implements appendages, appurtenances, or other property owned or held in connection with its railroad business, and generally to do any and everything that may be necessary to effectuate the powers herein granted. Authorized to issue bonds.

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SEC. X. Be it further enacted, That said corporation shall be authorized to construct its railroad across, along or upon any stream of water, water course, street, highway or canal which the routes of said road shall interseet or touch. Whenever the track of said railroad shall touch, interseet or cross any road, highway or street in any incorporated town or city, such road, highway or street may be carried over or under said railroad, as may be found most expedient for the public good. In case of necessity, it shall be lawful for said corporation, in constructing said railroad, to change the course or direction of any road, highway or street, regard being had in all such cases to the public convenience, subject to the approval of the municipal or county authorities, as the case may be. It may cross other railroads at a grade level, or be carried under or over such railroads, as may be deemed expedient by its Board of Directors, under the usual rules applicable thereto. Right to cross other roads. SEC. XI. Be it further enacted, That the corporators named in section 1 of this Act shall have authority to organize the corporation and to manage its business until permanent directors are elected, as hereinbefore provided; and in case of the death or refusal to act of one or more of said persons, the remaining persons shall have the power to elect others in their stead; and the corporators named, or a majority of them, 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 of their subscriptions as provided in section 2 of this Act, to be determined and accepted by the Board of Directors, if said directors see proper to accept any other thing of value in lieu of money. Provisional Board of Directors. Books of subscription. SEC. XII. Be it further enacted, That there shall 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 proxy, which shall be written, shall constitute a quorum for the transaction of its business, but no person not a stockholder shall be capable of holding such proxy. A majority of the directors shall constitute a quorum, and whenever a director shall cease to be a stockolder he shall cease to be a director, and a vacancy shall occur. The Board of Directors shall have power to fill any vacancy in said board until a meeting of the stockholders next thereafter. Board of Directors. Proxies. SEC. XIII. Be it further enacted, That this Charter shall continue for fifty years from and after the passage of this Act; Provided, that this charter shall be void unless the organization is effected and five miles of said road are graded, ironed and ready for the rolling

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stock; Provided further, that the privileges granted in this charter shall not be transferred until at least five miles of said road is built and ready for rolling stock; and, provided further, that the right of consolidation with any other railroad shall not be exercised until the same condition is complied with. Term of charter. Proviso. 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 October 11, 1889. INCORPORATING THE ROME, SUBLIGNA AND NORTHERN RAILROAD COMPANY. No. 374. An Act to incorporate the Rome, Subligna and Northern Railroad Company, or Dummy Line; to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That for the purpose of constructing a railroad or dummy line from the city of Rome. in Floyd county, State of Georgia, running northwardly to the Tennessee line, passing through or partly through the counties of Floyd, Chattooga, Walker, Catoosa, and Whitfield, J. T. Roan, J. W. Clements and S. E. Jones, their associates and assigns be, and they are hereby declared to be, a body corporate and politic under the name and style of the Rome, Subligna and Northern Railroad or Dummy Line Company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase and receive, have, hold, use, enjoy and possess real and personal property as may be necessary and proper for the use of said railroad company or dummy line. Corporators. Corporate name. SEC. II. Be it further enacted, That the capital stock of said company shall be the sum of one hundred thousand dollars, and shall be divided into shares of twenty-five dollars each. Capital stock. SEC. III. When the sum of twenty thousand dollars has been bona fide subseribed to the capital stock of said company, the said company may begin work on the said road and proceed with the same. And the corporators hereinbefore named are hereby authorized to perform all the duties of, and are hereby constituted a Board of Directors, clothed with all the powers and privileges vested in a regular Board of Directors, until a succeeding Board of Directors is

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hereafter elected, as provided by this Act. The said board, as ereated by this Act, shall remain in office till said road is completed to the distance of fifteen miles, and they shall have power and authority to elect from their own number a President, and shall also have power to add to the Board of Directors by a majority vote of their own body, not to exceed four additional directors. If any of said officers shall die, remove or resign, a successor or successors shall be elected as herein provided. Meetings of the stockholders may be had after ten days' notice of the time and place of such meetings shall have been given in some newspaper published in Rome, Georgia, for the election of any director or directors, and for any other business of the company necessary to be transacted by the stockholders. The said Board of Directors, as herein named, shall have power and authority to manage and control the business of said company till their successors are elected; the succeeding board or boards to consist of not less than five persons. The corporators who are hereby created a Board of Directors, and any subsequent Board of Directors, shall have power and authority to mortgage and pledge the road-bed, franchise, track, stock and property of the company, and to issue mortgage bonds by a majority vote of said board for the construction and equipment of said road; and all boards hereafter elected shall elect from its own members a President; and such board, as well as the corporators hereby created a Board of Directors, shall have power to make and adopt such by-laws as may be deemed proper, and to appoint and employ such officers, agents, etc., as may be necessary and proper for the carrying on of the business of said company. Authority to begin work. Powers of the Board of Directors. Authority to issue bonds. SEC. IV. And be it further enacted, That in the election of officers and directors by the stockholders, each subseriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed by him or her, on which he or she may represent as proxy by power of attorney upon which ten per cent. has been paid; provided, no stockholder shall be excluded from voting if ten per cent. has not been called for. Vote of stockholders. SEC. V. And be it further enacted, That said company shall have power to lay out, locate, construct, build, equip and operate a railroad or a dummy line from Rome, Ga., northwardly towards the Tennessee line and passing through the counties hereinbefore named, such road to be of such guage as may be deemed best by said company, and the said track of said road may cross any other railroad track or highway; said company is also empowered and authorized to receive donations, purchase property, build and operate branch and spur tracks, and erect and use such buildings,

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depots, etc., as may be necessary; and the said company is also empowered to use the track of any other road, upon such terms as may be mutually agreed upon, and to occupy a part of the right-of-way of any other road by agreement or purchase. Route. SEC. VI. And be it further enacted, That whenever a question of payment for right-of-way shall arise and the company cannot agree with the owner of the land upon which it is proposed to enter, the Sheriff of the county in which said land is located, shall summons a jury of five disinterested free-holders who shall assess the damages, if any, to said land, the said assessors being sworn to take into consideration the benefit as well as the damages, and to do justice, impartially, between the parties. Said award shall be final, unless one or the other party shall appeal to the Superior Court, within five days from such award; and each party shall be entitled to 10 days' notice of the time and place of hearing. But no property shall be taken or damaged without just and adequate compensation being first paid. The width of said right-of-way for said company's road shall not exceed one hundred and fifty feet. Disputed right-of-way. Assessors. Award. SEC. VII. Be it further enacted, That the said company shall also have power to lease or sell its road, franchise and property of every description; to receive land or other property in lien of cash for stock subscribed, at such valuation as may be agreed upon between the parties, and to lease or purchase any other road which may be desirable for the company to operate, and to consolidate its lands, property and franchise with any other road now chartered, or that may be hereafter chartered by this State or the State of Tenhessee; Provided, that the powers granted in this section shall not be operative until at least three miles of said road or dummy line has been built, equipped and in operation. Authority to lease or sell its franchises. SEC. VIII. And be it further enacted, That the principal office of said company shall be in Rome, Georgia, until a majority of the stockholders see fit to change the same; and said company shall have perpetual succession, with all the rights, powers and privileges necessary to such a corporation; Provided, that said company shall build, equip, operate, at least three miles of its road within five years from the passage of this Act; upon failure of which, it shall forfeit its charter, and all the rights, powers and privileges herein granted shall be null and void. Principal office. Proviso as to forfeiture of charter. SEC. IX. And be it also enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 14, 1889.

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AMENDING THE CHARTER OF THE MARIETTA AND NORTH GEORGIA RAILROAD COMPANY. No. 375. An Act to amend the charter of originally the Marietta and North Georgia Railroad Company, now, by consolidation, the Marietta and North Georgia Railway Company; to increase its rights, powers and privileges, and to authorize the Marietta and North Georgia Railway Company to extend its roadway from Marietta, Georgia, to the city of Atlanta, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the corporate privileges of the Marietta and North Georgia Railroad Company be, and the same are hereby, confirmed to the Marietta and North Georgia Railway Company, the latter being the name of the consolidated line created by the consolidation of the Marietta and North Georgia Railroad Company and the Georgia and North Carolina Railroad Company. Change of name. SEC. II. Be it further enacted, That said consolidated corporation shall have authority to construct, purchase, own, operate and maintain, in addition to the lines hereinbefore provided for, such branch lines as are necessary to connect its main line with quarries and mines, at points not more than ten miles from the main line. And said corporation shall have all the powers and facilities, franchises and rights necessary or proper to successfully accomplish and maintain the objects of its charter and the amendments made thereto. It may purchase, condemn and acquire such rights-of-way, not exceeding one hundred feet in width, and terminal facilities and real estate, as may be necessary or proper, either for its immediate use, or to aid in accomplishing the purposes of its charter and the amendments thereto. And the right-of-way or the track of the Western and Atlantic Railroad shall not be interfered with in carrying out any of the privileges herein granted; Provided, that no power given under this bill to condemn private property or the right-of-way shall be constured to give said Marietta and North Georgia Railway Company the right to interfere with, cross or condemn any of the right-of-way or tracks of the Western and Atlantic Railroad. Authorized to build branch roads. Right-of-way. Proviso. SEC. III. Be it further enacted, That the provision of the charter of the Marietta and North Georgia Railroad Company, applicable to the condemnation of terminal facilities and rights-of-way, shall apply to the consolidated line, the Marietta and North Georgia

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Railway Company; and the same are hereby confirmed to it for all the main line. Terminal facilities. SEC. IV. Be it further enacted, That said corporation shall have the right to extend its line through the central portion of the city of Marietta to the city of Atlanta, and from a point on the North Carolina or Georgia and Tennessee line to the city of Knoxville, either by consolidating with a Tennessee corporation or by building in its own right, authority having first been obtained under the laws of Tennessee; and it shall have the right to lease or sell said line extending into Tennessee. Authorized to extend the main line. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 14, 1889. INCORPORATING THE GEORGIA NORTHERN RAILROAD COMPANY. No. 376. An Act to incorporate the Georgia Northern Railroad Company; to grant certain powers and privileges to the same, and for other purposes. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, That for the purpose of constructing a railroad from the city of Rome in Floyd county, State of Georgia, northwardly in the direction of the State line between Georgia and Tennessee, and passing through, or partly through, the counties of Floyd, Chattooga, Walker, Whitfield and Catoosa, C. C. Cleghorn, Jno. W. Maddox, P. B. Little, H. M. Smith, Joel Branham and C. H. Smith, their associates and assigns, be, and they are hereby declared to be a body corporate and politic, under the name and style of the Georgia Northern Railroad Company, and shall be capable in law, to sue and be sued, plead and be impleaded, contract and be contracted with, purchase and receive, have, hold, use, enjoy and possess such real and personal property, as may be necessary and proper for the use of said railroad company. Provided, This charter shall be in full force and effect for the term of fifty years. Route. Corporators. Corporate name. Term of charter. SEC. II. Be it further enacted, That the capital stock of said company shall be One Hundred Thousand Dollars with the privilege of increasing the same from time to time, by a vote of the

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Board of Directors hereinafter provided for, to a sum not to exceed one million of dollars, and shall be divided into shares of one hundred dollars each. Capital stock. SEC. III. When the sum of twenty thousand dollars has been bona fide subscribed to the capital stock of said company, and paid in, the said company may begin work on the said road and, proceed with the same. And the corporators hereinbefore named are hereby authorized to perform all the duties of, and are hereby constituted a Board of Directors, clothed with all the powers and privileges vested in a regular Board of Directors, until a succeeding Board of Directors is hereafter elected, as provided by this Act. The said board as created by this Act, shall remain in office till said road is completed to a distance of 40 miles, and they shall have power and authority to elect from their own number a President, and shall also have power to add to the Board of Directors by a majority vote of their own body, not to exceed four additional directors. If any of said officers shall die, remove or resign, a successor or successors shall be elected as herein provided. Meetings of the stockholders may be had after 10 days' notice of the time and place of such meetings shall have been given in some newspaper published in Rome, Georgia, for the election of any director or directors, and for any other company business necessary to be transacted by the stockholders. The said Board of Directors as herein named, shall have power and authority to manage and control the business of said company till their successors are elected, the succeeding board or boards to consist of not less than seven persons. The corporators who are hereby created a Board of Directors, and any subsequent Boards of Directors, shall have power and authority to mortgage and pledge the road-bed, franchise, track, stock and property of the company, and to issue mortgage bonds by a majority vote of said board, for the construction and equipment of said road. And all boards, hereafter elected, shall elect from its own number, a President, and such board, as well as the corporators hereby created a Board of Directors, shall have power to make and adopt such by-laws as may be deemed proper, and to appoint and employ such officers, agents and servants as may be necessary and proper for the carrying on of the business of said company. Authority to begin work. May increase number of Directors. Management of the company's business. Authorized to issue bonds. SEC. IV. And be it further enacted, That in the election of officers and directors by the stockholders, each subscriber to the capital stock of said company shall be entitled to one vote for each share of stock subscribed by him or her, or which he or she may represent, as proxy, by power of attorney, upon which twenty per

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cent. has been paid; Provided, no stockholder shall be excluded from voting if ten per cent. has not been called for. Each share of stock entitled to one vote. SEC. V. And be it further enacted, That said company shall have power to lay out, locate, construct, build, equip and operate a railroad from Rome, Georgia, northwesterly, toward the Tennessee line, and passing through the counties hereinbefore named. Said road to be of such gauge as may be deemed best by said company; and the track of said road may cross any other railroad track or highway. Said company is also empowered and authorized to receive donations, purchase property, operate iron mines, build and operate branch and spur tracks to same, and erect and use such buildings, depots, etc., as may be necessary; and the said company is also empowered to use the track of any other railroad, upon such terms as may be mutually agreed upon, and to occupy a part of the right-of-way of any other road, by agreement or purchase. Route. Special privileges. SEC. VI. And be it further enacted, That whenever a question of payment for right-of-way shall arise, and the company cannot agree with the owner of the land upon which it is proposed to enter, the Sheriff of the county in which said land is located shall summon a jury of five disinterested freeholders, who shall assess the damages, if any, to said land; the said assessors being sworn to take into consideration the benefits, as well as the damages, and to do justice impartially between the parties. Said award shall be final unless one or the other party shall appeal to the Superior Court within fifteen days from such award, and each party shall be entitled to ten days' notice of the time and place of hearing; but no property shall be taken or damaged without just and adequate compensation being first paid. The width of said right-of-way for said company's road shall not exceed one hundred and fifty feet. Disputed right-of-way. Assessors. SEC. VII. The said company shall also have power to lease or sell its road, franchise and property of every description; to receive land or other property in lieu of cash for stock subscribed at such valuation as may be agreed upon between the parties, and to lease or purchase any other road which may be desirable for this company to operate, and to consolidate its road and franchise with any other road now chartered, or that may be hereafter chartered by this State or the State of Tennessee; Provided, that the company shall not avail itself of any of the powers ro privileges of consolidation or transfer granted in this section until it has built, equipped and is operating five miles of its railroad. Authorized to lease or sell its franchises. Proviso. SEC. VIII. Be it further enacted, That the principal office of said company shall be in Rome, Georgia, and the said company shall have perpetual succession with all the rights, powers and privleges,

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incident and necessary to such a corporation. Unless the company shall build, equip and operate at least ten miles of its railroad within five years from the passage of this Act, it shall forfeit its charter, and all the rights, powers and privileges herein granted, shall be null and void. Provided, that said line of railroad shall run through the counties of Whitfield and Catoosa, to the W. and A. Railroad at either of the following points, to-wit: Tunnel Hill, Catoosa or Ringgold, said line being located in the valley or valleys east of Taylor Ridge, to either of the points named; and provided further, that said railroad company shall not run upon any of the public roads in any county without consent of the county authorities, nor upon the streets of any city or town without consent of said city or town authorities; and, provided further, that no sale of said road shall be made, the effect of which shall be to destroy or lessen competition. Principal business office. Forfeiture of charter. Proviso. Provided further. SEC. IX. Be it also enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 15, 1889. CHANGING NAME OF THE EATONTON AND MACHEN RAILROAD COMPANY. No. 378. An Act to change the name of the Eatonton and Machen Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, That the name of the corporation known as the Eatonton and Machen Railroad Company be, and the same is hereby changed to the Middle Georgia and Atlantic Railway Company, and by the latter name, said company may exercise all the powers, and enjoy all the rights, privileges, immunities and franchises bestowed under the original name. Name changed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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AMENDING CHARTER OF THE ROME RAILROAD COMPANY. No. 387. An Act to amend the Charter of the Rome 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, That the Rome Railroad Company is hereby fully authorized and empowered to extend its line of railroad in an easterly direction from Kingston, Georgia, through the counties of Bartow, Cherokee, Milton, Forsyth, Hall, Gwinnett, Jackson, Clarke, Oconee, Madison, Oglethorpe, Elbert, Wilkes, Lincoln, McDuffie, Columbia, Richmond and Burke to the South Carolina State line; also to extend its line of railroad in a westerly direction from Rome through the counties of Floyd and Chattooga to the Alabama State line, and to build such branch roads as the Board of Directors and the stockholders of said company shall deem necessary; and said company is hereby authorized and empowered to increase its capital stock to any amount it may deem necessary, and which shall be divided into shares of one hundred dollars each, and subscriptions to said increase of capital stock may be payable in cash in such installments as the Board of Directors may decide upon, or in donations of right-of-way, or in labor done in building said extended line of road, or branch roads, or otherwise, as agreed on by said Board of Directors. Authorized to extend its line. Branch roads. May increase its stock. SEC. II. Be it further enacted, That said company is authorized to cause such examinations and surveys to be made of its proposed extended lines as shall be necessary to the selection of the most advantageous route, and for that purpose is empowered to enter the land of any person; and said company is hereby empowered to survey, lay out, construct and equip, as well as maintain and operate its said extended lines in the directions aforesaid through the counties, towns, villages and cities of this State, with the consent of the corporate authorities of said cities, towns and villages, and to the South Carolina State line on the east, and the Alabama State line on the west; to acquire by gift or purchase or condemnation, or otherwise, such real estate or other property as may be useful for the construction, maintenance and accommodation of said railroad; to construct its railroad across, along and upon any water course, street or highway, and along or across any other railroad which the routes

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of its railroad shall interesect or touch; to build the necessary turnouts, sidings and switches, and conveniences necessary in the construction and maintenance of the railroad, and may run over the right-of-way of any other railroad, or by any route it may select to its freight or passenger depot, shops, etc., in any city, town or village, incorporated or not, through or near which said railroad may run; Provided, that the said company shall not have the right or power to obstruct, change or alter any street or highway until the authorities having charge thereof shall first have given their consent thereto. Surveys. Right-of-way. Authority to cross other roads. Proviso. SEC. III. Be it further enacted, That said company shall have all the powers granted in 1689 (l) of the Code of 1882; Provided, that nothing in this Act shall be construed to give to said company the power to take or damage any private property till just and adequate compensation has first been paid. Powers granted. Proviso. SEC. IV. Be it further enacted, That the said Rome Railroad Company shall have the right to make and issue bonds to such an amount, in such denominations, 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 payments of the principal and interest of said bonds by executing mortgages or deeds of trust of its railroad, its real and personal property, franchises and all other rights of property; also, to make and issue preferred stock, and give preferences in the payment of dividends as may best subserve the purpose and interest of said company. Authorized to issue bonds. Preferred stock. SEC. V. Be it further enacted, That the said company shall have the right and power to pay for the construction and equipment of its extended lines or branch roads in the common or preferred stock, or in bonds issued by said company. Right to pay for construction in bonds. SEC. VI. Be it further enacted, That said Rome Railroad shall have power and authority to consolidate its roads and franchises with any other railroad company or companies now or to be hereafter incorporated by the laws of this State or other States, upon such terms as may be agreed upon by them; that the said company may construct or use a road-bed and track jointly with any other railroad company, so far as it may be advisable and proper to do so, and upon such terms as may be agreed on by such companies, and shall have power and authority to lease or sell its capital stock, franchises and property to any other railroad company now or hereafter incorporated by the laws of this State or other States; and said company shall have the power and authority to lease or purchase any other railroad or its capital stock, property, franchises, etc., and may pay for such lease or purchase in stock or bonds of

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the Rome Railroad Company, upon such terms as may be agreed on by said companies; and should said Rome Railroad Company purchase or lease any other railroad, then it shall have power and authority to pledge and mortgage such railroad, its property, franchises, etc., jointly with the property and franchises of the Rome Railroad Company, and to issue mortgage bonds jointly on said railroad; Provided, that nothing in this Act shall be construed to have the effect, or tend to have the effect, to defeat or lessen competition. Authority to consolidate its roads and franchises with other roads. Joint mortgage bonds. Proviso. SEC. VII. Be it further enacted by the authority aforesaid, That this Act shall be null and void unless within five (5) years from its passage there shall have been built and equipped at least 20 miles of the proposed extension from Kingston towards the South Carolina line. Provided further, that the rights, privileges and franchises granted by this Act, shall not be sold or otherwise disposed of until said (20) twenty miles shall have been so built and equipped. Forfeiture of charter. 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 October 16, 1889. INCORPORATING THE HAWKINSVILLE AND FLORIDA SOUTHERN RAILROAD. No. 388. An Act to incorporate the Hawkinsville and Florida Southern Railroad Company; to grant certain powers, rights and privileges to said corporation, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That G. V. Gress, J. W. Branning, C. J. Haden, R. W. Anderson, J. D. Stetson, their successors and associates, be, and they are hereby incorporated under the name of the Hawkinsville and Florida Southern Railroad Company, and by that name to have perpetual succession, purchase and hold property, sue and be sued, make contracts and generally do any and everything that may be necessary to carry out the purpose of this incorporation. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That the capital stock of said corporation, shall be fifty thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing the same from time to time, by a vote of the Board of Directors, hereinafter

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provided for, to a sum not to exceed one and one-half million dollars. The corporation shall have the right to do business as soon as twenty-five per cent. of the capital stock, first aforesaid, is paid up, either in money or property. Capital stock. May commence business. SEC. III. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors to consist of five members, to be elected annually by the stockholders. The said board shall select one of their number to act as President, and shall have the right to provide for such other officers or agents as they shall deem necessary for the transaction of the business of the corporation. The salaries of all officers and agents shall be fixed by said Board of Directors. The said board shall have the right to prescribe and establish by-laws and regulations for the government of said corporation in the transaction of its business, not in conflict with its charter or the laws of the State. Management. SEC. IV. Be it further enacted, That said corporation shall have the authority to construct, lay out, maintain, equip and operate a line of railroad from the town of Hawkinsville through the counties of Pulaski, Wilcox, Irwin and Coffee, to a point at or near the town of Douglas, in Coffee county, and shall have all the powers, rights, franchises and facilities necessary or proper to successfully maintain the object of its incorporation as aforesaid. It may purchase, condemn and acquire such rights-of-way, not exceeding one hundred feet in width, terminal facilities, and other real estate along its line as may be necessary or proper for its use or to aid in the accomplishment of its construction; Provided, that just compensation shall, in every case, be paid therefor before said railroad company shall enter upon or take possession of any land for its purposes without the consent of its owner. Route. Right-of-way. Proviso. SEC. V. Be it further enacted, That said Hawkinsville and Florida Southern Railroad shall have full power and authority, with the consent of the corporate authorities of such towns or cities through which it may desire to pass or enter, to lay such railroad through any street of such towns or cities, using upon such streets steam, animal or other motive power, upon the said railroad complying with such reasonable terms, rules and regulations, and contracting such obligations touching their passage through said streets, as may be prescribed by the corporate authorities of such towns or cities. Authority to enter cities or towns. SEC. VI. Be it further enacted, That section 1689 (1) of the Code of this State, concerning the acquisition of rights-of-way and other property necessary or proper for the construction of railroads, and setting forth the method of proceeding to condemn such property

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in certain cases therein stated, be, and the same is hereby made part of this charter and incorporated into the same, and all the powers, rights, privileges and franchises set forth and described in said section may be exercised by this corporation in the manner therein set forth. Section 1689 of the Code made part of this charter. SEC. VII. Be it further enacted, That the said corporation shall construct as many as five miles of the said railroad before it shall have the right to dispose of or transfer the franchises, rights, privileges and immunities granted under this charter. Must construct five miles of road. SEC. VIII. Be it further enacted, That the said corporation shall have the right to build a branch line from some point of said railroad, to the town of Abbeville in the county of Wilcox, under the same powers granted in section 4 of this Act in acquiring right-of-way. Branch road. SEC. IX. Be it further enacted, That the principal office of said corporation shall be located at Hawkinsville, Pulaski county, Georgia. The Board of Directors may, however, have the right to change the location of the principal office by a three-fifths vote. Principal office. SEC. X. Be it further enacted, That the said corporation shall have the authority to borrow money at such rate of interest not to exceed the conventional rate authorized by law, and upon such terms as the Board of Directors may authorize or deem expedient. It shall have the right to make, issue and negotiate bonds in such amounts as its Board of Directors may deem proper, and for the purpose of securing the payment of the principal and interest of the same, may execute such deeds of trust, mortgages or other incumbrances as may be proper, upon the property of said corporation, its franchises, privileges, immunities, rolling stock, furniture, appendages, tools, implements or other property owned or held in connection with its railroad business, and generally do any and everything that may be necessary to effectuate the power herein granted. Authorized to issue bonds. SEC. XI. Be it further enacted, That the said corporation shall be authorized to construct its railroad across, along or upon any stream of water, water course, highway, street or canal which the routes of said road shall touch or intersect; Provided, that no waterway be obstructed to navigation by the crossing of said road. Whenever the track of said railroad shall touch, intersect or cross any road, highway or street in any incorporated town or city, such road, highway or street may be carried under or over said railroad as may be found most expedient for the public good. In cases of necessity it shall be lawful for said corporation in constructing said railroad to change the course or direction of any road, highway or

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street, regard being had in all cases to the public convenience, subject to the approval of the municipal or county authorities, as the case may be; it may cross other railroads at a grade level, or be carried under or over said railroads, as may be deemed expedient by its Board of Directors, under the usual rules applicable thereto. To cross other roads. Proviso. SEC. XII. Be it further enacted, That the corporators named in the first section of this Act shall have the authority to organize the corporation and to manage its business until permanent directors are elected as hereinbefore provided, and in case of death or refusal to act of one or more of said persons, the remaining persons shall have power to elect others in their stead. Provisional Board of Directors. SEC. XIII. Be it further enacted, That this charter shall continue for the space of fifty years from and after the passage of this Act; Provided, as many as twenty miles of said road are constructed within five years from the passage or this Act, and if said road is not constructed for as many as twenty miles within said time of five years, then in that event, this charter shall be void. Term of charter. Proviso. 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 October 16, 1889. INCORPORATING THE KANSAS CITY, CHATTANOOGA AND PORT ROYAL RAILROAD COMPANY. No. 389. An Act to incorporate the Kansas City, Chattanooga and Port Royal Railroad Company. SECTION I. The General Assembly of Georgia do enact, That I. W. Smith, J. T. Whitehead, M. A. B. Tatum, J. F. Shipp and J. C. Wall, 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 Kansas City, Chattanooga and Port Royal Railroad 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 do all lawful acts properly incident to a corporation, or as are necessary and proper for the transaction of the business for which said Kansas City, Chattanooga and Port Royal Railroad

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Company is incorporated, and to have and use a common seal, and the same to alter or destroy at pleasure. Corporators. Corporate name. SEC. II. Be it further enacted, That the capital stock in said railroad company shall not exceed the sum of fifty millions of dollars ($50,000,000), 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 subscription for stock in the same, and shall issue the proper certificates for said stock. Capital stock. SEC. III. Be it further enacted, That said company be, and it is 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 Fannin 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, running through to the city of Chattanooga, and from there westward to Kansas City, in the State of Missouri. The following are the counties in the State of Georgia through which or into which the proposed railroad is intended to be run and constructed, to-wit: Richmond, Columbia, Lincoln, Wilkes, Oglethorpe, Elbert, Madison, Franklin, Banks, Habersham, Hall, White, Lumpkin, Union, Fannin, 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 point along the line of said road to any points, such as cities, towns, quarries, mines and timber lands, in either or all of said counties, as will, in the judgment of said company, best subserve its 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. But nothing herein contained shall be so construed as to authorize the said railroad company to locate the general direction of its line of road within ten miles of a railroad now constructed, except in crossing the track of the said constructed railroad, or when within ten miles of a town or city on its line, to or through which a railroad has already been constructed. Route. SEC. IV. Be it further enacted, That for the purpose of organization of said railway company, to persons hereinafter 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

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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 nine 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 the Kansas City, Chattanooga and Port Royal Railroad 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, 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 manner of holding subsequent elections for directors; Provided, that said by-laws and said rules do not conflict with the laws now of force regulating said roads 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 employes of said railway company; and not less than five 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. Board of Directors. Proviso. Voting stock. Vacancies. President pro tem. SEC. V. Be it further enacted, That the said Board of Directors, through their agents, shall have the power to select and take and to receive and hold as donations such strips and parcels of land as they or their agents may deem necessary for the construction, convenience and protection of said railroad; which said strips or parcels of land shall be in width not less than sixty feet from the center of the main track on each side thereof of said railroad; and when 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 Kansas City, Chattanooga and Port Royal Railroad Company; and in case of the disagreement

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between the owners of said land and the said Board of Directors or their agents 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, or if said owner or owners shall be a minor or under legal disability and have no legal representative, 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 strips or parcels of land thus required for the uses of said railroad company, and their award shall be in writing and signed by a majority of the appraisers and accompanied by a plat 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 plat and description of said land and said award of damages shall be recorded in the county where the said 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; Provided, that in no event shall any property be taken or damaged until just and adequate compensation first has been paid. Right-of-way. Disputed right-of-way. Appraisers. Award. Execution may issue. Proviso. SEC. VI. Be it further enacted, That said company shall have the right to cross the road-bed, track, 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 Kansas City, Chattanooga and Port Royal Railroad Company. Provided, that in so doing, bridges, tressels, 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 road-beds. Right to cross other roads. Proviso. SEC. VII. Be it further enacted, That said 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 railroad companies

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in interest, and the principal office of said railroad company in Georgia shall be located at Augusta, with the right to locate such branch offices, depots, and places of business at such other points as may be deemed advisable. Provided, that the terms so agreed upon do not have the effect to lessen competition. Connections authorized. Proviso. SEC. VIII. Be it further enacted, That said company shall have no right to do or transact any business until one per cent. of its capital stock shall have been paid in, nor shall said company have the right to sell or dispose of its franchises, rights, privileges or immunities until twenty (20) miles of its road-bed shall have been built, equipped and in running order. Provided further, that this charter shall be inoperative and void unless twenty miles of its road-bed in this State, shall have been built, equipped and put in running order within five years from the passage of this Act. Provided, that no public road nor street shall be taken without the consent of the proper authorities. When business may be commenced. Proviso. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. INCORPORATING THE EMPIRE AND DUBLIN RAILROAD COMPANY. No. 404. An Act to amend an Act entitled an Act to incorporate the Empire and Dublin Railroad Company; to grant certain powers, rights and privileges to said corporation, and for other purposes, approved December 22, 1888, so as to correct a mistake therein; to grant certain other powers and privileges to said corporation, and for other purposes. WHEREAS, In the fifth section of the above recited Act, a mistake occurs in the figures referring to the section of the Code concerning the acquisition of rights-of-way intended to be embodied in the charter of said company, the section being stated as 1698 (i), when the same should have been 1689 (l), as appears in the original bill; now, therefore, Preamble. SECTION I. Be it enacted by the General Assembly of this State, That the fifth section of said Act be, and the same is hereby,

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amended by striking therefrom the words 1698 (i), and inserting in lieu thereof the words 1689 (l), so that said last named section of the Code of this State shall be a part of the charter of said corporation. Amends original charter. SEC. II. Be it further enacted by the authority aforesaid, That in addition to the powers and rights contained in the Act constituting the charter of said company, the Board of Directors shall also have power and authority to buy, lease or make contracts with other railroad corporations, so as to run said railroad in connection with any other railroad; to merge the stock of the company with that of other railroad companies; to sell, lease or convey the property of said Empire and Dublin Railroad Company, and its rights and franchises, to any other railroad company, and to contract with or consolidate with any other railroad company, as the said Board of Directors may deem proper; Provided, that in all such cases the Constitution and laws of this State concerning competition shall not be infringed. The Board of Directors may also purchase or lease, or build, and operate a line of boats or any number of vessels in connection with said railroad, if in their discretion they see fit to do so. Authorized to lease or unite with other roads. SEC. III. Be it further enacted, That said corporation shall have authority and power to build, construct and maintain bridges over any navigable streams crossing or intersecting the line of said railroad, the proper draws or other machinery being provided, so as not to obstruct the navigation of said streams. Right to construct bridges. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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AMENDING AN ACT INCORPORATING THE NORTH AND SOUTH SHORT LINE RAILWAY COMPANY. No. 422. An Act to amend an Act entitled An Act to incorporate the North and South Short Line Railway Company, approved September 13, 1887, so as to confer and define additional corporate powers; to add certain counties to list of those in which it may run; to make the provisions of certain sections of the General Railroad Law a part of the charter of said company; to allow it to buy, lease or contract with non-competitive roads, or to sell or lease its road to non-competitive roads, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 2 of the Act to incorporate the North and South Short Line Railway Company, approved September 13, 1887, be amended by striking therefrom the words, said stock may be increased by a vote of two-thirds of the stockholders at any regular meeting to an amount not exceeding two and a half millions if deemed necessary, and inserting in lieu thereof, the capital stock may be increased from time to time by a vote of the majority of the stockholders at regular meetings to any sum or sums not to exceed twelve million dollars; or decreased to a sum or sums not less than five hundred thousand dollars. Authorized to increase capital stock. SEC. II. Be it further enacted, That said company is empowered to survey, build, equip, maintain and operate its line of road into any or all of the counties named in the original Act, and also the counties of Charlton, Bryan, Bulloch, Effingham or Chatham, or any or all of them, with the right to cross at grade any road, railroad, stream or turnpike, at any point where it may be necessary in any or all of the counties named in this or the original Act, and with the further right to condemn property under the circumstances, in the manner and under the provisions of the General Railroad Law contained in Code, section 1689 (l). Said company is also authorized to build and maintain its road across the Savannah River or other streams in the line of its route, and to build and maintain all necessary bridges, provided such bridges do not obstruct navigation; Provided, that no property shall be taken or used by said company without first paying to the owner thereof just and reasonable compensation therefor; and, provided further, that no public road or street shall be taken without the consent of the proper authorities. May extend its line. To cross the Savannah river. Proviso.

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SEC. III. Be it further enacted, That the principal office and place of business of said company shall be in Jesup, Wayne county, with the privilege of establishing branch offices at any other place in this State. Principal office. SEC. IV. Be it further enacted, That said company is hereby invested with, and authorized and empowered to exercise and enjoy the powers and privileges set forth under the general railroad incorporation law in Code, sections 1689 (c), 1689 (e), 1689 (f), 1689 (g), 1689 (h), 1689 (i), 1689 (j), 1689 (k), 1689 (m), 1689 (o), 1689 (p), 1689 (r). Additional powers and privileges. SEC. V. Be it further enacted, That said road may buy or lease other roads, or may be sold or leased to other roads; Provided, that such purchase or lease is not intended to have the effect to defeat or lessen competition, and does not in fact defeat or lessen competition. To lease other roads. Proviso. SEC. VI. Be it further enacted, That said company may make such rules, regulations and by-laws for the management of the business of said company, as are necessary, reasonable and just, and not in conflict with the charter or the laws of the land, or said company may authorize the Board of Directors to make the same. Said company shall have power to construct, maintain, equip and use all side tracks, turn-outs, switches, tanks, buildings and appurtenances of every sort necessary or useful in the business of railroading, including wharfs, depots, bridges, warehouses; to buy, lease, own, sell, use and manage real estate and personal property; to charge and collect reasonable freight and passenger tolls, charges and fares; to issue notes, bonds, coupon bonds, or other evidences of debt, and secure the same by deed mortgage, or deed of trust or trusts mortgage; to issue stock or preferred stock under such terms and in such series as they may desire, and secure the same by mortgage or otherwise; to provide for voting the same by proxy or otherwise; to issue certificates of stock or debentures, to provide rules for the transfer of the same; to provide for the time and manner of paying for same in money, property, work or other thing or things of value; to make traffic arrangements with other companies or persons; to use steam or any other motive power, now or hereafter in use, and by said company deemed desirable or profitable; to construct and operate tramways not exceeding ten miles in length. Regulations and by-laws. Property rights. Bonds. Motive power. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 22, 1889.

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INCORPORATING THE CALHOUN AND FAIRMOUNT RAILROAD COMPANY. No. 433. An Act to incorporate the Calhoun and Fairmount Railroad Company, and to grant certain powers and privileges to the same; to authorize said company to consolidate its road with any other road 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 authority of the same, That J. M. Ballew, Z. T. Gray, N. J. Boaz, H. A. Chapman, Bird Barnwell, P. M. Bird, M. V. Watts, J. B. Boyd and W. R. Rankin, their associates, successors and assigns, are hereby constituted a body corporate and politic, under the name and style of the Calhoun and Fairmount Railroad Company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase, receive, have, hold, use, possess and enjoy real and personal property which they may deem necessary and proper for the use of said railroad company. Corporators. General powers. SEC. II. Be it further enacted, That the capital stock of said railroad company shall be divided into shares of fifty dollars each, and shall not exceed the sum of two hundred thousand dollars; that no public road shall be taken or damaged without the consent of the county authorities. Capital stock. SEC. III. Be it further enacted, That said company shall have power and authority to organize a Board of Directors, to continue in office until there shall be a regular election of directors under the provisions of this charter and the by-laws to be adopted by said company; to open subscription books for the capital stock of said company; and that the charter hereby granted to them shall continue to their use or the use of their successors for the term of fifty years. Provisional Board of Directors. Term of charter. SEC. IV. Be it further enacted, That said company shall have power and authority to survey, lay out, construct and operate a railroad of the standard or narrow gauge, as said company may elect, from the town of Calhoun, in Gordon county, to the town of Fairmount, in said county of Gordon, all in the State of Georgia, by any convenient and practicable route which may be selected, and to transport and carry over said railroad passengers and freight for reasonable compensation. Route.

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SEC. V. Be it further enacted, That when the sum of twenty-five 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 newspaper, give twenty days' notice of a meeting of the subscribers to the capital stock of said company to be held at such place as may be designated in said notice for the purpose of electing from their own number a board of seven directors to manage and control the business of said company for two years, and until their successors are elected and qualified, and such Board of Directors as well as Boards of Directors thereafter elected, shall select from their number a President and Vice-President and shall have power to make and adopt by-laws for the government and control of the board and company, and to appoint and employ such officers, agents and servants as may be deemed proper and necessary by said Board of Directors. Election of Board of Directors. President and Vice-President. SEC. VI. Be it further enacted, That in the election herein provided for, each subscriber to the capital stock of said company, shall be entitled to one vote for every share of stock subscribed by him or her, or which he or she may represent as proxy by power of attorney. Each share of stock entitled to one vote. SEC. VII. Be it further enacted, That questions of right-of-way that cannot be settled by agreement between the parties shall be arbitrated under the provisions of the general law of the State embodied in the Code of 1882; Provided, nevertheless, that said right-of-way shall not extend more than fifty feet from the center of the track on each side of said railroad; Provided further, that no private property shall be taken or damaged without first paying just and adequate compensation therefor, and that no public road shall be taken without the consent of the county authorities. Disputed rights-of-way. [Illegible Text]. SEC. VIII. Be it further enacted, That said company shall have full power and authority to run across any railroad or public road in said county; Provided, that all questions as to rights-of-way shall be settled and determined as provided for in section 7 of this Act. To cross other roads. Provided. SEC. IX. Be it further enacted, That said company shall have power and authority to receive land or other property as part payment to its capital stock at such valuation as may be agreed upon under the rules, regulations and by-laws of said company. Payment of subscriptions. SEC. X. Be it further enacted, That said company may contract, borrow money, mortgage its property, real and personal, and the franchise, and do and perform any other act which may be to its advantage, not inconsistent with the laws of this State. Authorized to negotiate loans. SEC. XI. Be it further enacted, That said railroad company shall have power to consolidate its road with any railroad in the

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State of Georgia, as it may deem to its best interest; Provided, that said consolidation shall not have the effect, or be intended to have the effect to encourage monopoly or defeat or lessen competition; Provided, also, that the power to consolidate, granted by this section, shall not be used by this railroad company until it has graded, ironed and has ready for rolling stock at least three miles of its railroad. Power to consolidate. Proviso. Proviso. SEC. XII. Be it further enacted, That all the powers, rights, privileges and immunities hereby granted shall cease and determine unless said company shall, within five years from the passage of this Act, have graded, ironed and got ready for rolling stock at least three miles of its railroad. Forfeiture of stock. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889. INCORPORATING THE SOUTHWEST GEORGIA RAILWAY COMPANY. No. 438. An Act to incorporate the Southwest Georgia Railway Company; to grant certain powers rights, and privileges to said corporation, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That W. C. Sheffield, W. C. Hilton, J. B. Chaney and R. H. Powell of Early county, Maston O'Neal, of Decatur county, and J. S. Bush and J. S. Clifton, of Miller county, and Welcome Hyde, of Wisconsin, and their successors and associates be, and are hereby incorporated under the name of the Southwest Georgia Railway Company, and by that name to have perpetual succession for thirty years; to purchase and to hold property, both real and personal; to sue and be sued; to make contracts and generally do anything and everything that may be necessary to carry out the purposes of this incorporation. Corporators Corporate name. SEC. II. Be it further enacted, That the capital stock of said corporation shall be two hundred thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing the same from time to time by a vote of the Board of Directors,

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hereinafter provided for, to a sum not to exceed one million dollars. The corporation shall have the right to commence business as soon as ten per cent. of the capital stock first aforesaid, is paid up, either in money or in property. Capital stock. Authority to commence business. SEC. III. Be it further enacted, That the affairs of the corporation shall be managed by a Board of Directors, to consist of five members, to be selected annually by the stockholders. The said board shall select one of their number to act as President, and shall have the right to provide for such officers and agents as they shall deem necessary for the transaction of the business of the corporation. The salaries and compensation of all officers and agents shall be fixed by said Board of Directors. The said Board of Directors shall also have the right to prescribe and establish by-laws, rules and regulations for the government of said corporation in the transaction of its business not in conflict with its charter nor the laws of the State. Board of Directors. Salaries. SEC. IV. Be it further enacted, That said corporation shall have authority to construct, lay out, maintain, equip and operate, either or both, a line of railroad from any point on the Blakely extension of the Southwestern Railroad, between the Chattahoochee River and Spring Creek in the county of Early, and to connect with or to cross the Alabama Midland Railroad at any point on its line between said river and creek, in either Early county or Decatur county; the southern terminus of said railroad to be at any point on the Flint River, west of the mouth of Spring Creek, or on the Chattahoochee River at any point south of the mouth of Sowhatchee Creek, in Early county, as the Board of Directors may direct, and shall have all the powers, rights, franchises and facilities necessary to maintain and accomplish successfully the object of this incorporation. It may purchase, condemn and acquire such rights-of-way, not to exceed one hundred and fifty feet in width, terminal facilities and other real estate along its line or elsewhere, as may be necessary or proper for its use or aid in accomplishing the construction of said railroad, and for any other purposes of this incorporation. Route. Terminus. SEC. V. Be it further enacted, That in all cases where the land owners cannot agree with said Board of Directors as to the value of the land necessary for the right-of-way or the damage to the other railroad by reason of said corporation crossing them, the same shall be left to arbitration, and be governed by the law declared in section 1689 (l) of the Code. Disputed right-of-way. SEC. VI. Be it further enacted, That said corporation shall be authorized to build such branches along the main line as may be

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desired in the judgment of the Board of Directors, not exceeding twenty miles in length. The said corporation shall have the same right to acquire titles to land or right-of-way or other property required for the purpose of constructing the said extensions and branches as are granted herein for the construction of the main line, and all the powers, rights and franchises granted to said corporation for the construction and operation of the main line shall apply to and be operative as to all such extensions and branches. Branch roads. SEC. VII. Be it further enacted, That the principal office of said corporation shall be located at Blakely, in Early county, but may be changed at any time by the Board of Directors. Principal office. SEC. VIII. Be it further enacted, That the said corporation shall have authority to borrow money, at such a rate of interest as not to exceed the conventional rate authorized by law, and upon such terms as the Board of Directors may authorize or deem expedient. It shall have the right to make, issue and negotiate bonds, in such amounts as its Board of Directors may deem proper, and, for the purpose of securing the payment of the principal and interest of the same, may execute such deeds of trust, mortgages or other incumbrances as may be proper upon the property of said corporation, its franchises, privileges, immunities, rolling stock, furniture, tools, implements, appendages, appurtenances, or other property owned or held in connection with its railroad business, and generally to do any and everything that may be necessary to effectuate the powers herein granted. Authorized to issue bonds. SEC. IX. Be it further enacted, That the corporators named in the first section of this Act shall have authority to organize the corporation, and to manage its business until permanent directors are elected as hereinbefore provided; and in case of the death, or refusal to act, of one or more of said persons, the remaining persons shall have power to elect others in their stead. Provisional Directors. SEC. X. Be it further enacted, That the stock held by any one shall be transferred only on the books of said corporation, either in person or by power of attorney, and no stockholder shall transfer his stock except by consent of the Board of Directors of said corporation, if he is indebted to the corporation, as principal, security or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness said corporation shall have a lien superior to all other liens upon the stock of said stockholders. Transfer of stock. SEC. XI. 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. Liability of stockholders.

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SEC. XII. Be it further enacted, That the rights, privileges and franchises of this charter shall not be sold until ten miles of road-bed shall have been finished and ironed. SEC. XIII. Be it further enacted, That this charter shall cease and become forfeited unless ten miles of road shall be finished and ironed within five years from the passage of this Act. Forfeiture. of stock. 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 October 24, 1889. INCORPORATING THE MARIETTA, DAHLONEGA AND NORTHERN RAILWAY COMPANY. No 460. An Act to incorporate the Marietta, Dahlonega and Northern Railway Company, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That Jno. D. Perkerson, J. B. Humphries, N. A. Morse, E. Faw, J. M. Stone, W. R. Power, Geo. F. Gober, B. F. Simpson, J. P. Brooks, W. H. Nesbitt, T. L. Sims, S. B. Patterson, John Hockenhull, L. B. Bond, Henry Houser, M. G. Boyd, W. P. Price and F. P. Rice, their associates, successors and assigns be, and they are hereby created a body politic and corporate under the corporate name and style of The Marietta, Dahlonega and Northern Railway Company, for the purpose of surveying, constructing, equipping, operating and maintaining a railroad from some point on the Georgia Pacific Railway at the town of Austell, or other point on said railroad in the county of Cobb, and running through said county of Cobb ria the city of Marietta, thence through the counties of Milton, Forsyth, Dawson, Lumpkin, White, Habersham and Rabun to some point on the line of the State of Georgia, in the direction of Asheville, North Carolina, or any one or all of said counties, as the Board of Directors may deem most expedient; and by and in said corporate name they may sue and be sued, plead and be impleaded, answer and be answered unto in any court whatever; may make contracts in their corporate name; may acquire, hold and convey property, both real and personal; may have and use a common seal; make all necessary by-laws, rules and regulations; may appoint all necessary officers, and do all other proper acts necessary

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and incident to the building, equipment, management, control, operation and maintenance of said road. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That the persons in the first section, or any five of them, may meet at any time after the passage and approval of this Act, and provide for opening books of subscription and receiving subscription to the stock of said company, and to that end may provide a temporary organization to continue until the organization shall be perfected by the stockholders of said company; the books for subscription shall be opened in the city of Marietta, and at such other points as may be deemed advisable, and kept open so long as may be necessary. Books of subscription. SEC. III. Be it further enacted, The capital stock shall not exceed five hundred thousand dollars, divided into shares of one hundred dollars each. Capital stock. SEC. IV. Be it further enacted, That whenever fifty thousand dollars of the stock of said company shall have been subscribed in bona fide subscriptions by solvent parties, the stockholders shall meet and effect an organization of said company, and shall be authorized in their discretion to proceed with the construction of said road. Authority to commence work. SEC. V. Be it further enacted, That said company shall have power to accept, purchase, hold and convey and property whatever, real and personal, for the purpose of organizing, constructing, equipping and operating said railroad, or that may be necessary, useful or beneficial to said railroad or the business thereof, and also to acquire all rights-of-way lands, and all necessary privileges on water courses that may be on, near or across the route of said road; and that in all cases in which any controversy or difficulty may arise between individuals or corporations and said company as to the right-of-way, or damages to the land on which the same may be located, or to the necessary privileges of water courses, it shall and may be lawful for either party to summon one freeholder each, and the Judge of the Superior Court, where such controversy arises, to summon the third, all of whom shall be sworn to take such matter into consideration, and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county where the land lies, within ten days from the delivery of the award, and upon the payment of the damages so awarded, a fee simple title to such land and privileges shall vest in said company; Provided, that no property shall be taken or used by said company without first paying just and reasonable compensation therefor to the owner. Property rights. Rights-of-way. Disputed right-of-way settled by arbitration. Proviso.

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SEC. VI. Be it further enacted, That said company shall have power and authority to cross any railroad or roads in its said route, as provided in section 1689 (n) of the Code of Georgia of 1882. Said company shall also have all the powers and privileges contained in section 1689 (l) of the Code of Georgia of 1882. Additional powers granted. SEC. VII. Be it further enacted, That the principal office of said company shall be in the city of Marietta, in Cobb county, Georgia. Principal office. SEC. VIII. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors to consist of not less than five persons. A majority of said directors shall constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders on such day and time and on such public notice as may be fixed by the by-laws; Provided, that at least thirty days' notice of all meetings of the stockholders of said corporation shall be given in some paper published in the city of Marietta. At all elections and meetings of the stockholders each stockholder shall be entitled to cast, either in person or by proxy, one vote for every share of the capital stock owned or held by him, either in person or as guardian, executor, administrator or trustee; said Board of Directors shall elect one of their number President, a majority of votes being necessary to a choice, and such President shall have such power and authority and shall perform such duties as may be provided by the by-laws. Said directors shall continue in office until their successors are elected and installed in office. The Board of Directors shall have power and authority to establish, alter and amend all such by-laws, rules and regulations not in conflict with the Constitution and laws of this State or of the United States, as they may deem necessary or advantageous for the government of said corporation or of the management of its business, and to appoint all subordinate officers, agents, attorneys, servants of said corporation necessary or proper for the management of its affairs, and to remove the same at pleasure. They shall have authority to fill all vacancies that may occur in the Board of Directors or in the offices of said company by death, resignation or otherwise. The Board of Directors shall have authority to enlarge the number of its members from time to time, so that the same may consist of not exceeding nine members. They shall have power to call in from time to time, as they may deem proper, such installments of the original or the increased capital stock of said corporation as may remain unpaid from time to time, and at any time, and to receive cash, or what they may consider its equivalent, in payment thereof. They shall have authority to manage and conduct all of the business of the corporation of every kind; to make contracts, to borrow

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money, to make notes or other evidences of debt, to issue bonds at any time, and from time to time, as in their judgment the exigencies of the company may require, and to execute, if deemed expedient by them, any deed or deeds of mortgage or corporation of its contracts, obligations or liabilities of any and every kind. Board of Directors. Proviso. Vote of stock. President. Powers of the Board of Directors. Authorized to issue bonds. SEC. IX. Be it further enacted, That the Marietta, Dahlonega and Northern Railway Company, together with all the rights, privileges and franchises, and also all of the shares of stock held by the company, or any member thereof, may be sold, leased, transferred or assigned upon such terms as may be agreed on, and that said company may be consolidated, combined with or united with any railroad company or companies directly or indirectly connected therewith, and may unite the management of said companies upon such terms, conditions and provisions as may be agreed on between such companies so consolidating or uniting, and such companies may adopt such corporate name as they may deem best; Provided, that there shall be no sale, lease, transfer, assignment, consolidation or combination, directly or indirectly, of said road with any other railroad which shall have the effect or be intended to have the effect to defeat or lessen competition, or create monopoly; Provided, that said company shall not have the right to take nor use any public road or street without the consent of the proper authorities. Authority to lease, sell or consolidate. Proviso. Proviso. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with the above Act, or any rights therein granted be, and the same are hereby repealed. Approved October 25, 1889. AMENDING CHARTER OF THE GEORGIA SOUTHERN AND FLORIDA RAILROAD. No. 464. An Act to amend an Act entitled an Act to incorporate the Georgia Southern and Florida Railroad Company, and for other purposes, approved September 28, 1881, by authorizing the said Railroad Company to endorse certain bonds to be issued by the Macon and Birmingham Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to incorporate the Georgia Southern and Florida Railroad Company, and for other purposes, approved September 28, 1881, be, and the same is hereby, amended

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by adding to section first of said Act, and after the last word in said section, to-wit: the word business, the following clause, to-wit: And the said railroad company may, by a majority vote of all of its stockholders, endorse such bonds as may be issued by the Macon and Birmingham Railroad Company, incorporated by an Act entitled an Act to incorporate the Macon and Birmingham Railroad Company, passed by said General Assembly, and approved December 26, 1888. Amends original charter. Authorized to endorse the bonds of the Macon and Birmingham R. R. Company. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. INCORPORATING THE KNOXVILLE EXTENSION, DAHLONEGA AND AUGUSTA RAILROAD COMPANY. No. 467. An Act to incorporate the Knoxville Extension, Dahlonega and Augusta Railroad 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 authority of the same, That William Franklin, Levi Crawford, John W. Gray, of the county of Fannin, in said State, and A. G. Gurly, A. S. Welchel, J. W. Boyd, A. C. Johnson and W. A. Charters, of the county of Lumpkin, and K. L. Boone, A. D. Chandler and J. H. Huggins, of the county of Hall, and such other persons as they may associate with them, who shall be stockholders of said company, their successors and assigns, be, and they are hereby ereated a body politic and corporate under the name of The Knoxville Extension, Dahlonega and Augusta. Railroad Company, with power to sue and be sued, plead and to be impleaded in the courts of law in this State. To have and own a corporate seal with the right to break or alter the same at will; to purchase, own and hold real and personal property of every kind, as may be necessary for railroad purposes, with the power to sell and convey the same at pleasure, together with such other powers and privileges which are generally conferred on like corporations by the laws of this State. The principal office of said company shall be in the town of Dahlonega, in said county of Lumpkin, with

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power to establish branch offices at such other places as a majority of the directors of said company shall determine. Corporators. Corporate name. General powers. Principal office. 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, grade, construct, build, equip, maintain and operate a railroad, beginning at Blue Ridge, in said county of Fannin, on the Marietta and North Georgia Railroad connecting with the Knoxville Extension, thence, running south-eastward, through the said county of Fannin to the most eligible point on the Blue Ridge, at or near Hightower Gap; thence on the most favorable ground to Dahlonega, in the county of Lumpkin; thence on the most practicable way to some point on the Richmond and Danville Railroad in the county of Hall, at Gainesville, Georgia, as a majority of said directors may determine; thence to Augusta, Georgia, on such route or line as a like majority may determine, with the right and privilege of adopting such line or railroad already constructed along said route, in the event it shall appear to be advisable so to do, so as to reach the terminus of the railroad as contemplated in this Act. But in the event the railroad is constructed as contemplated in this Act, and should become an extension of the railroad from Knoxville, Tennessee, to the Blue Ridge, this shall not have the effect to make it a foreign corporation, but it shall ever remain a Georgia corporation, and subject to the laws of Georgia. Route. SEC. III. 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 said stockholders to increase it to one million dollars, which shall be divided into shares of one hundred dollars each, and said company shall be authorized to commence to construct and build said railroad, when the amount of fifty thousand dollars has been bona fide subscribed to the capital stock of said company. All subscriptions made to the capital stock of said company shall be payable in such installments as may be ordered by the Board of Directors, and any failure to pay any installment of such subscription within thirty days after the same is due, shall forfeit the right of such stockholder in said company as a stockholder. Capital stock. Payment of subscriptions. SEC. IV. Be it further enacted by the authority aforesaid, That said company shall have all the powers granted in section 1689 (1) of the Code of 1882; Provided, that nothing in this charter shall be construed to give to said company the power to take or damage private property till just and adequate compensation be first paid. Additional powers. Proviso. SEC. V. Be it further enacted by the authority aforesaid, That books of subscription shall be opened by the corporators herein

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named at such place or places, as they shall direct, within thirty days after the approval of this charter, and whenever it shall be ascertained by said corporators that bona fide stock to the extent of fifty thousand dollars has been subscribed, said corporators are hereby required to call a meeting of all the stockholders of said company together at the town of Dahlonega, Georgia, after publishing the same twenty days in the newspapers, through which such contemplated railroad passes, and said stockholders, or a majority of them, shall elect from their body a board of five directors, who shall have full power and authority to make such assessment on the subscription of stock as they shall deem necessary for the purpose of laying out and locating said railroad, obtaining the right-of-way and employing an engineer to survey and report on the same, and of carrying on the work on said road to completion, and to solicit and obtain further and other subscriptions to the capital stock of said company, and to take such other means as may be necessary and proper in forwarding the enterprise. Said Board of Directors are hereby authorized to make such by-laws, rules and regulations, subject to the approval of the President of said company, as they think proper, not inconsistent with the laws of this State, or of the United States. Said Board of Directors shall also appoint at their first meeting a President of said company, who, with the approval of said Board of Directors, or a majority of them, may appoint a Secretary and Treasurer of said company and such officers and agents as he may deem proper and necessary to carry on the business of said company. Books of subscription. Authorized to commence work. Powers granted Board of Directors. SEC. VI. Be it further enacted by the authority aforesaid, That all powers, privileges and immunities specified under the general laws for the incorporation of railroads, and also contained in the Code of Georgia of 1882, from section 1689 (a) to 1689 (gg), inclusive, are hereby granted and conferred upon the Knoxville Extension, Dahlonega and Augusta Railroad Company, except so far as this Act may change or alter the same. This Act shall be of force for a term of fifty years, with the privilege of renewal, but it shall expire by its own limitation unless ten miles of said road shall be completed and equipped within five years from the date of the approval of this charter; and nothing herein contained shall be so construed as to authorize said company to own or control any land or property until just and adequate compensation shall have first been paid to the owner; Provided, that no public road or street shall be taken without the consent of the county or city authorities, as the case may be; Provided, that said company shall have no power to sell or convey any of the rights, privileges or franchises

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in this charter granted until at least ten (10) miles of said railroad shall have been built, equipped and in running order; Provided, further, that nothing in this charter contained shall be construed to give to said company the power to make any sale of the said railroad, or make or enter into any combination with any other corporation which shall have the effect to create monopoly, or to defeat or lessen competition. General railroad law made part of this charter. Forfeiture. Proviso. Provided further. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. INCORPORATING THE ATLANTA AND ALABAMA COAL AND IRON RAILROAD COMPANY. No. 497. An Act to incorporate the Atlanta and Alabama Coal and Iron 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 railroad to consolidate its road with any other road incorporated in the States of Georgia and Alabama, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that Jesse Sparks, William Morrow, William Duncan, B. C. Epperson, Oscar Hundley, Joel C. Fain, John W. Turner, R. U. Hardeman, E. P. Howell and F. P. Rice, or a majority of them, are hereby constituted a body corporate and politic by the name and style of Atlanta and Alabama Coal and Iron Railroad Company, and shall be capable in law to sue and be sued, plea and be impleaded, contract and be contracted with, purchase, receive, have, hold, use, possess and enjoy real and personal property which they may deem necessary and proper for the use of said railroad company. Corporators. 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 two and one-half million dollars. Capital stock. SEC. III. Be it further enacted. That when the sum of one hundred thousand dollars shall have been subscribed to the capital

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stock of said company, the corporators, or a majority of them, shall, by publication in some public newspaper, give twenty days' notice of a meeting of the subscribers to the capital stock of said company, to be held at such place as may be designated in said notice, for the purpose of electing from their own number a board of not less than five directors to manage and control the business of said company for one year and until their successors are elected and qualified; and such Board of Directors, as well as these Boards of Directors that may be thereafter elected, shall select from its own number a President, and shall have power to make and adopt by-laws for the government and control of the board and company. Authorized to organize and commence business. President. SEC. IV. Be it further enacted, That in the election provided for, each subscriber to the capital stock of said company, shall be entitled to one vote for each share of stock subscribed by him or her, or which he or she may represent as proxy by power of attorney, upon which ten per cent. has been paid. Voting stock. SEC. V. Be it further enacted, That said company shall have power to construct, maintain, equip, build, establish, operate and use a railroad from Atlanta, Georgia, in the county of Fulton, in said State, through all or either of the following counties in said State of Georgia, to-wit: Cobb, Douglas, Paulding, Polk and Floyd counties. Said railroad to run from Atlanta, Georgia, in the direction of Huntsville, Alabama, by way of or near to Cedartown, in Polk county, or by way of Rome, in Floyd county, Georgia, and to such point near the town of Early, in Floyd county, Georgia, on the line between the States of Georgia and Alabama, as may be deemed most suitable; and that the right-of-way of said company shall not exceed two hundred feet. 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 provided for in this Act, the books of subscription to the capital stock of said company, together with all other books and papers appertaining to the business of said company, shall be turned over to said Board of Directors. Authorized to open books of subscription. SEC. VII. Be it further enacted, That when the subscribers to the capital stock of said company shall have convened and elected a Board of Directors under the provisions of this Act, the said company and its successors shall be deemed, held and considered a body corporate and politic, under the name and style of the Atlanta and Alabama Coal and Iron Railroad Company, with perpetual succession, and the rights, powers and privileges usual and necessary to such a corporation. Corporate name.

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SEC. VIII. And be it further enacted, That said company shall have power to survey, locate, construct, build, maintain, equip, use and operate a railroad from Atlanta, Georgia, in the direction of Huntsville, Alabama, by way of, or near to, Cedartown, in Polk county, or Rome, in Floyd county, and on to the State line between Alabama and Georgia, as set forth in section 5 (five) of this Act, passing through the counties of Cobb, Douglas, Paulding, Polk and Floyd, or either of them; and said company shall have the power to accept, purchase, lease, have, hold and convey any property, real or personal, or mixed, and to erect such buildings, depots and shops, operate such machinery and do such other things as it may deem proper for its advantage and benefit; Provided, that the headquarters of said company shall be at Atlanta, Fulton county, Georgia; but said headquarters may be moved, at any time, by a majority vote of all the stockholders of said company. Property rights. Principal office. SEC. IX. And be it further enacted, That in the event said company and the owner of any land through which said company desires to build its road, whether said land be in the hands of the owner as a trustee, executor, administrator or guardian, cannot agree upon the price to be paid therefor, then either party may apply to the Sheriff of the county in which the land lies to summon a jury of five disinterested freeholders, who shall go where the land required is situated, and examine the land and such witnesses as the parties desire, and assess the damages; and the jury trying said case shall be sworn to well and truly try the issue involved, and also to take into account the benefit accruing to said land by reason of the building of said railroad; but in no case shall the jury give less damages than the actual value of the land to be taken. The party moving shall, in all cases, give to the opposite party ten days' notice of the time and place of trial, and either party shall have the right to enter an appeal to the Superior Court of the county by complying with the law in relation to appeals to the Superior Courts. The Sheriff shall have for his services the sum of five dollars, and the jurors shall have the sum of one dollar each, for every day they may serve, and the witnesses seventy-five cents per day each, to be paid by said railroad company; and the Sheriff or his deputies shall have power to swear the jury and witnesses in all such cases; and when the assessment made shall be paid, then the title to the land shall vest in said company. Disputed right-of-way. Award. Appeal. SEC. X. And be it further enacted, That the said company shall have power to receive land or other property as a part payment of the subscription to its capital stock, at such valuation as may be agreed on under the rules, regulations and by-laws of said company. Payment of subscriptions.

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SEC. XI. And be it further enacted, That, until a Board of Directors shall have been duly elected and installed into office, the corporators, or a majority of those named, shall have all the powers of the Board of Directors to be elected, and may do and perform every act that said Board of Directors may, might or could do when legally and regularly elected. Provisional Board of SEC. XII. And be it further enacted, That said railroad company may contract, loan, borrow money, mortgage its property, real and personal, and the franchise, and do and perform any other act which may be to its interest or advantage, not inconsistent with the laws of this State. Loans and mortgages. SEC. XIII. And be it further enacted, That, in case of the failure of said corporation, the stockholders shall be bound, in their private capacity, to any creditors of said corporation, for the amount of stock subscribed for by him, until the said subscription is fully paid up, or until the stockholder shall have paid, out of his private funds, debts of the said corporation to an amount equal to his unpaid subscription. Liability of stockholders. SEC. XIV. Be it further enacted, That the said company shall have power and authority to consolidate its road and franchise with any other railroad company or companies now or to be hereafter incorporated by the laws of this State or the State of Alabama, upon such terms and conditions as may be agreed on by them, and not inconsistent with the Constitution and laws of this State. Authority to consoli- SEC. XV. Be it further enacted, That said railroad company shall have power to locate depots, establish towers, water-tanks, section houses, and any and all other buildings and machinery that may be necessary for its construction and operation; and for this purpose may receive donations in money, land, or property of every kind and character that may be to the best interest of its construction and operation. Special SEC. XVI. Be it further enacted by the authority aforesaid, That said railroad company shall have power to make and issue bonds to such an amount, in such denominations and for such a rate of interest, not exceeding seven per cent. per annum, payable at such times and places as they may determine, and to secure the payment of the principal and interest of said bonds by mortgages or deeds of trust of its railroad, real and personal property, franchises and all other rights of property; also, to make and issue preferred stock, and give preferences in the payment of dividends as may best subserve the purposes and interests of said company. Authority [Illegible Text] bonds. SEC. XVII. Be it further enacted by the authority aforesaid, That the directors of said company shall have the power to appoint

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such other officers, agents and employes, as they may deem necessary and proper to carry on the business of said company. The President and Board of Directors shall have power to conduct and control all the business and affairs of the company, except as to matters expressly ordered otherwise by the stockholders; to make all contracts, fix salaries, call in and demand payments of subscription in installments, or as they may deem proper, under penalty of forfeiting shares of stock subscribed for, and all previous payments made thereon, if payment shall not have been made within sixty days after demand or notice shall have been published, once a week for four weeks, in the newspaper containing the Sheriff's advertisements, published in the county of the principal office of the company; but the recovery, by action, of any installment, shall preclude the company from forfeiting that stock by reason of non-payment of installments. The directors shall have power to adopt a corporate seal, make by-laws and regulations and declare dividends; but the stockholders shall have power to regulate and limit the powers of the board, and modify and change the by-laws. Powers of the Board of Directors. SEC. XVIII. Be it further enacted by the authority aforesaid, That this charter shall not be transferred until at least ten miles of said road shall have been graded and ironed, and made ready for rolling stock; and if, within five years from the passage of this Act, at least five miles of this road is not built, this charter shall become null and void. Forfeiture of charter SEC. XIX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. INCORPORATING THE UNION POINT AND ELBERTON SHORT LINE RAILROAD COMPANY. No. 506. An Act to incorporate the Union Point and Elberton Short Line 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 C. Hart, T. W. Martin, R. T. Martin, R. H. Webb, John F. McPherson, Jr., and P. W. Davis, and such other persons as may

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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 Union Point and Elberton Short Line 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 a point on the Georgia Railroad, in Greene or Oglethorpe counties, to Elberton, in Elbert county, Georgia, if desired, and to run through such counties as may be necessary to reach one or both places, by such a route as will, in their judgement best subserve the purposes of carrying freight and passengers. Route. SEC. III. Be it further enacted by the authority aforesaid, That, for the purpose of constructing, maintaining and operating said line of railroad, the said company is empowered to cause such examination and surveys to be made of the proposed line between a point on the Georgia Railroad, in Greene or Oglethorpe county to Elberton, as shall be necessary to the selection of the most advantageous route, and, for that purpose, are empowered to enter the land of any person; to acquire, by gift or purchase, real estate and other property for the construction, maintenance and accommodation of said railroad, and to hold and use such real estate and other property useful for the same, and for stations, wharves, docks, connection 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

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railroad with any other 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, for a distance of not more than two miles, 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 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 turst deeds and mortgages, one or both, if occasion may require, on its railroad or other property, to secure the same; Provided, that said corporation shall not acquire any lands outside of the right-of-way only by a purchase of the land by said corporation, and shall not run on any public road in this State except by the permission of the county authorities, nor upon any street or streets in any town or city only by the consent of city or town authority. Survey. Right-of-way. Special privileges. Loans and mortgages. Proviso. 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 fifty 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; Provided further, that this charter shall not continue in force longer than fifty years. Capital stock. Term of charter. SEC. V. Be it further enacted by the authority aforesaid, That no certificate of stock shall be issued to any subscriber until the last payment for the full amount of stock subscribed for by him has been paid. Certificates of stock. SEC. VI. Be it further enacted by the authority aforesaid, That the Board of Directors of the Union Point and Elberton Short Line Railroad Company may construct a road of such gauge as its Board of Directors may determine. Gauge.

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SEC. VII. Be it further enacted by the authority aforesaid, That the Union Point and Elberton Short Line Railroad Company, hereby incorporated, shall have all 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 29, 1885, except the right to run `along' any other railroad which the routes of this railroad shall intersect or touch, conveyed in the third section of said Georgia Midland and Gulf Railroad charter, as fully and completely as if all of said rights, powers, 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. Additional powers and privileges. 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 Union Point and Elberton Short Line Railroad Company shall be the same as those incorporated in the charter of the Georgia Midland and Gulf Railroad Company, referred to above; Provided, that no property shall be taken or damaged without just and adequate compensation being first paid. Condemning right-of-way. 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 October 29, 1889. INCORPORATING THE FAIRMOUNT VALLEY RAILROAD COMPANY. No. 534. An Act to incorporate the Fairmount Valley 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, Chas. H. Smith, Hines M. Smith, Van Watts, G. H. Aubry, Samuel Carter, their successors and assigns be, and are bereby, created a body politic and corporate under the name and style of The Fairmount Valley Railroad Company, and in and by that name may sue and be sued,

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plead and be impleaded in any court of law or equity in this State; may make by-laws, appoint all necessary officers and prescribe their duties in the manner hereinafter provided; may accept, purchase, hold and convey any property, real or personal, necessary for the purposes hereinafter prescribed; may make contracts, have and use a common seal, and do other acts properly incident thereto and connected therewith, and necessary for the control, promotion and transaction of said business. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That said company is hereby authorized and empowered to survey, lay out, construct and build a railroad from the city of Cartersville (or such other point as they may select on the Western and Atlantic Railroad), in the county of Bartow, through the counties of Bartow, Gordon, Murray and Fannin to the State line between Georgia and Tennessee; Provided, that after the first ten miles, said road shall not run nearer than ten miles to the Western and Atlantic Railroad. Route. Proviso. SEC. III. Be it further enacted, That in order to carry out the power and authority granted in the second section of this Act, this company is hereby empowered: 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 its officers, agents, servants and employes to enter upon the land or water of any person for that purpose. Second, To take and hold such voluntary grants of real estate or other property as may be made to it to aid in the construction, maintenance and accommodation of its road. Third, To purchase, hold and use all such real estate or other property as may be necessary for the construction and maintenance of its road, and its stations, terminal facilities, workshops and all other accommodations necessary to accomplish the objects of its incorporation, and to sell, lease or buy any land necessary for its use. 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 or obstructing the right-of-way, making compensation therefor, as provided by law. Fifth, To construct its road along or upon, or to use any stream of water or water course, in such manner as not to obstruct the navigation of any navigable stream, or street, with the consent of the municipal authorities, or highway, with the consent of the county authorities, which the route of its road may touch or intersect; and whenever

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the track of said company intersects or crosses any railway, 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 of any embankment or cut in the construction of said railroad rendering it necessary to change the course of any street or highway, it is hereby made lawful for this company to make said necessary change; Prorided, 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 over or under 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. Sixth, To cross, intersect, unite or joint its track with any other railroad heretofore or hereafter constructed, at any point upon 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 town, city or village through or near which its road may run. Seventh, To take and convey persons or property over their road by steam, electricity, or any mechanical power, and to receive compensation therefor, and to do all these things that are incident to railroad business. Eighth, To erect and maintain convenient buildings, stations, machinery and fixtures, whether within or without any city, town or village, for the use and accommodation of their freight and passenger business. Ninth, To regulate the time and manner in which passengers and property shall be transported over their road, and the compensation therefor, subject to the existing laws of the State; Prorided, further, that no gravel or other material shall be taken outside of the right-of-way, except by the consent of the owner, and no public road or street shall be taken without the consent of the county or municipal authorities, as the case may be; and provided, that said charter shall remain in force for the term of fifty years. Powers granted. Property rights. Right-of-way. Proviso as to crossing other roads. Motive power. Provided further. SEC. IV. Be it further enacted, That in the event this company cannot obtain the lands necessary for its right-of-way, construction and maintenance of operations, stations, depots, shops and terminal facilities from the owner or owners thereof by purchase, lease or contract, it shall be lawful for this company to construct its road over any lands belonging to other persons, upon paying to the owner thereof, or his or her legal representatives, just and reasonable compensation therefor, which when not otherwise agreed upon, shall be assessed and determined as prescribed in section 1689 (l)

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of the Code of Georgia; but no property shall be taken or damaged until just and adequate compensation has been first paid to the owner thereof. May condemn right-of-way. Assessors. SEC. V. Be it further enacted, That the officers of said company shall consist of a President and a board of not less than three nor more than five directors, who shall be chosen as hereinafter prescribed. Officers. SEC. VI. Be it further enacted, That for the first five years from the passage of this Act that the incorporators named therein shall be, and are hereby, declared the directors of said company, and they are hereby authorized and empowered, in the event of the death or resignation of either of their members, to elect his successor from among the stockholders of said company. Provisional Directors. SEC. VII. Be it further enacted, That the President shall be elected by the Board of Directors, either from their own number or from the stockholders. President. SEC. VIII. Be it further enacted, That the Board of Directors shall have full power and authority to make any and all rules for or pertaining to the selection of officers, agents, and employes of said road, and the governance and conduct of the same; they shall have full power and authority to make any contract that they deem for the interest of the road; to borrow money necessary for the company to any amount not exceeding two millions of dollars; to issue bonds therefor, said bonds to be secured by mortgage, or mortgages, upon the whole or any part of the property of the company, its rights and franchises; such bonds 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 said resolution shall fully determine the character of said bonds and mortgages. Authorized to issue bonds. SEC. IX. Be it further enacted, That the capital stock of said company shall be not less than fifty thousand dollars, and may be increased to one million if necessary; and its Board of Directors are hereby authorized to open books of subscription to the same; each share of said stock shall have a par value of fifty dollars, and the holder thereof shall be entitled to one vote in the meetings of stockholders of said company. Capital stock. Books of subscription. SEC. X. Be it further enacted, That at the expiration of the term of office of the directors created by this Act, their successors shall be elected by a vote of the majority of the stockholders in meeting assembled, under such rules and regulations as govern the election of directors on other railroads in this State. The directors so elected shall elect their President as heretofore prescribed. Electing Board of Directors.

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SEC. XI. 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 freight or passenger traffic. Right to consolidate. Proviso. SEC. XII. Be it further enacted, That all rights, powers, privileges and immunities hereby granted shall cease and determine unless said company shall, within five years from the passage of this Act, commence and bona fide continue the construction of the railroad herein authorized. Forfeiture of charter. SEC. XIII. Be it further enacted, That the corporation shall have no power to transfer their charter before at least ten miles of said road are graded, ironed and ready for rolling stock, and in the event of transfer the charter is forfeited. When the charter may be transferred. 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 November 4, 1889. INCORPORATING THE BAINBRIDGE AND NORTH EASTERN RAILROAD COMPANY. No. 536. An Act to incorporate the Bainbridge and North Eastern Railroad 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; to own, lease and use steamboats, ships and other water craft, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That B. B. Bower, J. D. Harrell, J. E. Donaldson, J. L. Hand and H. C. Bagley, 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 Bainbridge and North Eastern Railroad 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 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 [Illegible Text],

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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. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said company, shall be two hundred thousand dollars, with the right to the stockholders, by a majority vote, to increase the same to a sum not more than two 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 cash, labor or property. And at all stockholders' meetings, each shareholder shall be entitled to one vote for each share held, owned or legally represented by him, and the shares may be voted either in person or by proxy, under power of attorney duly executed. 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. Capital stock. How voted. Liability of stockholders. SEC. III. Be it further enacted by the authority aforesaid, That said company shall have full power to survey, locate, construct, equip and operate a railroad from Bainbridge, Georgia, or some point in Decatur county, Georgia, on the line between Georgia and Florida, in a north-casterly direction to Augusta, Georgia, on the most advantageous and desirable route; and shall have the power to build and operate the whole or any part of said road to, or between any points on said route which said company may deem advantageous, and for this purpose said company is empowered to cause such examinations and surveys to be made of the proposed line and branches, as shall be necessary to the selection of the most advantageous and desirable routes, and are empowered to enter upon the land of any person or corporation to acquire by gift, purchase or condemnation as provided by law, any real estate or other property for the construction, maintenance, use or accommodation of said railroad; to lay out, acquire, have, hold and use a right-of-way not more than one-hundred and fifty feet in width; to construct its railroad across, along and upon any water course, street, highway or canal, and across any other railroad which the routes of its railroad shall touch or cross; Provided, that no street or highway shall be used without the consent of the proper authorities thereto; and shall have the power to acquire and use by condemnation or

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otherwise, the rights-of-way and side-tracks of any other railroad or railroads, in or near any village, town or city along its route, for a space of not more than two miles, when such side-tracks or rights-of-way is necessary for the purpose of reaching the union, or its freight and passenger depots; provided, that no side-track of any other road shall be taken without the consent of said road. Route. Surveys. Right-of-way. Proviso. SEC. IV. Be it further enacted, 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, as soon as such directors are chosen. Books of subscription. SEC. V. Be it further enacted, That as soon as twenty-five 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 at such time and place as they deem fit, 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 not less than five nor more than thirteen directors, the number to be determined by a majority vote of the stockholders. 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 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 officers as they may deem necessary; to provide for the employment of any attorneys, agents or employes 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. Authorized to organize and begin work. Board of Directors. SEC. VI. Be it further enacted, That the principal office and business headquarters of said company shall be at such place as shall be selected by the Board of Directors, and ratified by a majority vote of the stockholders. Principal office. SEC. VII. Be it further enacted, That said company shall have the 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 the company. Branch roads. SEC. VIII. Be it further enacted, That said company shall have the right and power to consolidate with its railroad and franchises

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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; Provided, this shall be done in accordance with the Constitution and laws of Georgia. Right to consolidate. Proviso. SEC. IX. Be it further enacted, 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 mortgage 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. Authority to issue bonds. SEC. X. Be it further enacted, That said company shall have authority to lease, purchase, build or contract for, and to use, own, 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, operate or contract for the use of any such wharves, docks, dock yards, elevators or compresses as it may deem necessary. Navigation privileges. SEC. XI. Be it further enacted, 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. Additional powers. SEC. XII. Be it further enacted, That the provisions of this Act shall be and remain in force for the period of fifty years, unless the rights and powers shall be forfeited as hereinafter provided. Term of charter. SEC. XIII. Be it further enacted, That the said Bainbridge and North Eastern Railroad Company shall have no power to transfer the powers, rights, franchises and privileges herein granted, until at least ten miles of said road is built and ready for rolling stock. SEC. XIV. Be it further enacted, That this charter shall be forfeited, and the rights, privileges and powers herein granted become null and void, unless at least ten miles of said road is built and in operation within five years from the passage of this Act. Forfeiture of charter. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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INCORPORATING THE ALABAMA, GEORGIA AND FLORIDA RAILROAD COMPANY. No. 515. An Act to incorporate the Alabama, Georgia and Florida Railroad Company; to confer upon it certain rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That G. Gunby Jordan, Henry R. Goetchins, Oscar L. Jordan, J. W. Murphy, Jr., Norris N. Curtis, Theo M. Foley and Henry C. Bussey, and such other persons as may become associated with them and their successors and assigns, be, and they are hereby incorporated and made a body politic and corporate under the name of the Alabama, Georgia and Florida Railroad Company, with continuous succession as a corporation for and during the term of fifty years, with power by that name to sue and be sued, contract and be contracted with, have and use a corporate seal, alter and destroy the same at pleasure; to acquire, own, hold, use and enjoy property of all kinds incident to railroad purposes, real, personal and mixed; to sell, mortgage or dispose of all or any part of said property at pleasure; to make all such by-laws, rules and regulations, and appoint all such officers and agents as may be deemed by said company proper and expedient, for the management and conduct of its property or business, and shall have such other powers as are incident to such corporations or as may be necessary or advantageous to its successful operation. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That said corporation shall have power and authority to survey, lay out, construct and equip and own, operate and maintain a railroad from a point at or near Columbus, Georgia, or at or near Richland, Georgia, or at or near Dawson, Georgia, thence in a southernly direction through or across any part or all of the counties of Muscogee, Chattahoochee, Stewart, Webster, Randolph, Terrell, Dougherty, Calhoun, Mitchell, Early, Baker Miller and Decatur, to a point in said county of Decatur, Georgia, on the boundary line between Georgia and Florida, or through or across any one or more of said counties, in said State of Georgia, as to said company may be deemed the most advantageous route between the points above named and said State line in Decatur county, Georgia. Route. SEC. III. Be it further enacted, That said corporation may survey, lay out, construct, equip, lease, own, operate and maintain

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branch roads from its main line to any points within the counties named or through which it may run, or to points in adjoining counties. Branch roads. SEC. IV. Be it further enacted, That said corporation is authorized and empowered to make or cause to be made such examinations and surveys between said points and along the proposed line or any part thereof, as may be necessary to select the most advantageous route, and for that purpose may enter upon the land of any person. It shall have power to acquire by gift or purchase, property of all kinds incident to railroad purposes, real, personal or choses in action; to transfer, sell, mortgage or dispose of the same at pleasure; to lay out its line of railroad on a right-of-way 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 trees in danger of falling on the track or obstructing the right-of-way, making compensation therefor as hereinafter provided. To construct its road across, along or upon any water-course, street or highway, and, if necessary, may change the course of any such road, street or highway. It shall have the power to cross any other railroad, at grade point, or at any other point, above or below grade; to intersect, join or unite its road with any other railroad heretofore or hereafter constructed at any point on its route, with the necessary turn-outs, sidings and switches and other conveniences necessary in the construction of the said Alabama, Georgia and Florida Railroad. It may run over any part of any other railroad right-of-way for a distance of not more than three miles, necessary and proper to reach its freight or passenger depot in any city, town or village, through or near which this said road may run. Said company shall have power to purchase, hold and use any lands contiguous to or within the vicinity of its railroad that it may find necessary for the purpose of procuring material for constructing, repairing or adequately guarding and sustaining said railroad, and to that end may build branch or spur tracks to said lands from time to time as may be necessary; and may build and operate its road, or any branch or side-track thereof, across and along and upon the streets, roads and lanes of any city, town or village into or through which said road may run. It may convey persons or property over its road by use of steam, animal or mechanical power, or other motive power, and receive compensation therefor, and do all things incident to railroad business. It shall have power to erect and maintain convenient buildings, wharves, docks, stations,

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fixtures and machinery for accommodation and use in its business. The said corporation shall have authority to borrow money in such amounts and upon such terms and legal rates of interest as to said company may be deemed necessary or expedient, and to secure the same, may execute mortgages, liens, trust deeds and assignments, either or all, or any other contract of obligation as occasion may require upon and to any part or all of its property of every kind and its rights, privileges and franchises; and may issue notes, negotiable bonds with or without coupons or other evidences of debt secured or unsecured. Surveys. Right-of-way. To cross other roads. Property privileges. Motive Power. Authorized to issue bonds. SEC. V. Be it further enacted, That the capital stock of said company shall not exceed one million dollars, but the stockholders may by a majority vote increase the same from time to time to an amount not exceeding three million dollars. The capital stock shall be divided into shares of one hundred dollars each, any portion of which may be made preferred stock, giving preference in the payment of dividends. Said corporation is authorized to commence work whenever as much as fifty thousand dollars of stock has been bona fide subscribed on the books of the company. Capital stock. Preferred. May begin work. SEC. VI. Be it further enacted, That books of subscription to the capital stock of said company may be opened under direction of the Board of Directors at such times and places as said board may deem best, and such subscriptions may be made in cash or evidences of debt, or payable in property of any kind, labor or material, or may be in the form of a general contract, and may become due and payable as agreed on. If any subscriber to stock shall fail or refuse to pay his subscription or any installment within sixty days from the time it becomes due, the company may sue therefor, or the payments previously made shall be forfeited to the company, as the directors may elect. Books of subscription. SEC. VII. Be it further enacted, That in the event said Alabama, Georgia and Florida Railroad Company does not procure from the owner or owners thereof by contract or purchase the titles to the land 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, stations or terminal facilities, or necessary or proper for it to reach its freight or passenger depots as hereinbefore provided, then it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons, or over such rights-of-way of other railroads, as aforesaid, upon paying or tendering to the owner thereof, or to his, or their, or its legally authorized representative, just and adequate compensation therefor, which compensation, when not otherwise

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agreed upon, shall be assessed and determined in the following manner, to-wit: The said Alabama, Georgia and Florida Railroad Company shall choose a citizen of this State as its assessor, and the owner of the property sought to be used as aforesaid may choose another citizen as an assessor. If such owner, (or if more than one owner, a majority of them), fail or refuse to choose an assessor, or is a minor, idiot, lunatic or other person laboring under disqualification of law without a legal representative, it shall be the duty of the Ordinary of the county in which the property is located to make selection of an assessor for the owner; Provided, said company shall notify the Ordinary of such failure or refusal or of such owner being a minor, idiot or lunatic or laboring under disqualification. The two assessors thus selected shall choose a third, and the three 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 to such owner of such land, track, right-of-way, or other property sought to be used as aforesaid, they, or a majority of them, shall assess the damages or value of the property so sought to be condemned, and shall say in writing what said corporation shall pay such owner for the right-of-way or right to cross or use such track or such land for the purposes aforesaid; and they shall file their said award in the office of the Clerk of the Superior Court of the county where the property lies within ten days from its rendition, and the said Clerk shall record the same, and it shall have the force and effect of a judgment of the Superior Court of said county. Either party dissatisfied with such award may appeal the same to the Superior Court by giving written notice thereof to the opposite party and entering the appeal within ten days from the filing the award as aforesaid. In case the owner is laboring under any of the disqualifications hereinbefore mentioned and has no legal representative, the Ordinary may enter an appeal for such person; and if the corporation should appeal, notice may be served on such Ordinary in lieu of the disqualified person. Said appeal shall be tried at the next term of the Superior Court, unless continued for sufficient cause, as other common law cases are tried, with the right of either party to move for a new trial and take a bill of exceptions to the Supreme Court, as in other cases. The entering of an appeal and the proceedings thereon shall not hinder or in any way delay the said company's work or the progress thereof, but the same may proceed from the time such condemnation proceedings are begun; Provided, that should said corporation enter an appeal it shall give bond with good security to pay the amount adjudged against it at the final hearing of the case. Should no appeal be entered within

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the time allowed and the said company should fail to pay the amount of said award, then the Clerk of said Court shall issue an execution thereon, and all the proceedings thereunder shall be as at common law. If the owner shall labor under the disqualifications aforesaid and be without a legal representative, then the amount of the award may be paid to the Ordinary of said county to be held by him for the use of such person, and he shall cause legal representatives to be made, who shall receive said sum as a part of the estate of such person; and in all cases the right-of-way and the right to use it as aforesaid shall vest and remain in the said Alabama, Georgia and Florida Railroad Company as fully and completely as if the same had been purchased or acquired by contract with the consent of the owner thereof. Right-of-way. Assessors. Award. Appeal. Proviso. SEC. VIII. Be it further enacted, That the principal office of said company shall be in the city of Columbus, Muscogee county, Georgia, but may be changed to any other point on the line of said railroad by a majority of the stockholders at a regular meeting, and after sixty days' previous notice of such contemplated change being published in a public gazette in the city of Columbus. Principal office. SEC. IX. Be it further enacted, That the stock of said company shall be transferable only on the books of the company, and only after such shares have been fully paid up. And no stockholder shall be individually liable for any debts, contracts or torts, or to any creditors of said company, except to the amount of unpaid stock subscribed to by him; and when he shall have fully paid for said stock, or paid debts of the company to the amount thereof, he shall be no further liable, individually. Transfer of stock. Liability of stockholders. SEC. X. Be it further enacted, That said company is authorized and empowered to purchase, or lease, or sell, or lease to, or unite with, or to merge and consolidate its capital stock, real and personal property, its franchises, rights and privileges, with any other railroad or navigation company, or companies, chartered by or organized under the laws of this or any other State. Such merger or consolidation may be effected by the directors of said Alabama, Georgia and Florida Railroad Company in such manner, and on such terms and conditions, and under such name and style, as a majority of the stockholders of said company may determine, and as may be agreed on between the several companies; and said consolidated company shall have all the rights and franchises conferred herein on the said Alabama, Georgia and Florida Railroad Company. Said Alabama, Georgia and Florida Railroad Company shall have further power to make traffic arrangements with any other railroad or navigation company, and contract for the right to

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use the right-of-way, track, depots, terminal facilities and other rights, properties and franchises of any other railroad company; Provided, nothing herein shall authorize any contract or arrangement violative of the Constitution of Georgia, or that will tend to lessen or defeat competition. Authorized to lease or consolidate Traffic arrangements. SEC. XI. Be it further enacted, That the affairs of said company shall be managed by a board of seven directors, to be elected annually by the stockholders. By a majority vote of the stockholders the number of directors may be increased to nine. Until the first regular meeting of the stockholders, and until their successors are chosen, the first seven persons named in the first section of this Act shall constitute the Board of Directors, or should any of them fail to act or subscribe to stock, the remaining of them shall fill said vacancy from among their associates who are subscribers. Provisional Directors. SEC. XII. Be it further enacted, That the present and all future Boards of Directors shall elect from their number a President of said corporation, and they shall have power to fill all vacancies occurring in the board, intervening the annual meetings of the stockholders; may appoint such officers, agents or employes of said company as may be deemed advisable, or provide by by-law or otherwise for their appointment; they may adopt and alter rules and by-laws and regulations for the management of corporate affairs, which shall remain of force unless altered or rejected by a stockholders' meeting. The present Board of Directors shall make a call for the first annual meeting of the stockholders. Powers of Board of Directors. SEC. XIII. Be it further enacted, That this Act of incorporation is intended to confer rights, powers and privileges and franchises additional and supplemental to those conferred on the said Alabama, Georgia and Florida Railroad Company by virtue of its incorporation under the general law of this State for the incorporation of railroad companies. The powers and franchises herein, not conferred by the general law, are additional and enlarged powers and franchises, and all the rights, powers and franchises granted under said general law are hereby confirmed to said company, together with all such additions thereto and enlargements thereof as are in this Act contained; Provided, that if the principal office of said company is changed from Columbus, Georgia, it shall be located at some point within the State of Georgia; and, provided further, that said corporation shall not take any road or street without the consent of the proper county or city authorities, as the case may be, nor shall said corporation have the right to acquire any gravel or

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material outside of its right-of-way except by the consent of the owner thereof. Additional powers and privileges. Proviso. 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 October 31, 1889. INCORPORATING THE ALBANY AND CORDELE RAILROAD COMPANY. No. 537. An Act to incorporate the Albany and Cordele 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, Thomas H. Willingham and W. J. Willingham, of Fulton county, in said State; C. A. Turner and W. B. Willingham, of the county of Bibb, in said State, and Richard T. Asbury, of the county of Monroe, in said State, and such other persons or corporators as are or may be associated with them, and their successors and assigns, be, and are hereby created a body corporate and politic under the name and style of the Albany and Cordele 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 agents and officers in the manner hereinafter prescribed, and define their duties; may accept, purchase, hold and convey any property, both real and personal, necessary for the purposes herein prescribed; may make contracts, have and use a common seal, and do other lawful acts properly incident thereto and connected therewith, and necessary for the control, promotion and transaction of its said business. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That said company shall have the power and authority to survey, lay out and construct and build a railroad from the city of Albany, in the county of Dougherty, in the most direct and practicable route to be judged of by them, to the town of Cordele in the county of Dooly, through the counties of Dougherty, Lee, Worth and Dooly, either or all of said counties, and the same to use, equip and enjoy all the rights, privileges and immunities granted to the Central Railroad and Banking Company of Georgia, except banking privileges, and except exemption from taxation,

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and subject to the same liabilities imposed upon said company; Provided, that said railroad shall be subject to State, county and municipal taxation, just as other railroads in this State are subject thereto, and, provided, that this charter shall be in force for the term of fifty years. Route. powers. Proviso. SEC. III. Be it further enacted, That the capital stock of said company shall not be less than one hundred thousand dollars, to be divided into shares of one hundred dollars each, but with the privilege of increasing said capital stock to five hundred thousand dollars whenever it may be deemed expedient by a majority of the Board of Directors of said corporation to do so. Capital stock. SEC. IV. Be it further enacted, That the officers of said corporation shall consist of a President, Vice-President, Secretary and Treasurer, and such other officers as may be deemed advisable, and not less than three directors, to be chosen at such time and in such manner as is hereinafter prescribed. Said company, through its Board of Directors, shall have full power and authority to borrow such sums of money as may be necessary for the construction of said road, and to issue mortgage bonds of the company, in such form as the directors may prescribe, upon a part or the whole of the property and its franchise, or may sell or lease the same, and may sell and dispose of such bonds according as the necessities of the company may require, and to secure and provide for the payment of the principal and interest of such bonds, and such other debts as the company may contract; and all such acts of the Board of Directors of said company shall be valid and binding upon the same. Officers. Authority to issue bonds. SEC. V. Be it further enacted, That for the purpose of first perfecting an organization of said company, the corporators herein named, and their associates and successors and assigns, a majority of whom shall constitute a quorum, shall proceed to elect a President, Vice-President, Secretary and Treasurer, and such other officers as may be deemed advisable, together with a board of not less than three directors; that the board thus organized shall hold for twelve months from its organization; that for the subsequent Board of Directors an election shall be held every twelve months by the stockholders in said road, each stockholder being entitled to one vote for each share of his stock, to be cast personally or by proxy, legally executed. The board thus elected shall continue in office until their successors are elected, and at their first meeting, and annually thereafter, shall elect from their number a President, who shall preside at all meetings of said board, or in his absence the Vice-President shall preside, and direct the manner and mode of business; and in the absence of the Vice-President,

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the directors shall appoint a Chairman. In all meetings a majority of the directors shall constitute a quorum. The Board of Directors shall be authorized to open books of subscription to the capital stock at such time and place as they may indicate; and the stock, when subscribed, shall be payable at such time and in such installments as said board may decide; and said Board of Directors shall have authority to receive such lands, tools, implements, labor and such other thing or things of value as they may deem necessary in the equipment and construction of said road, in payment of subscriptions for stock, and at such price as they and the person subscribing may agree upon. Provisional Board of Directors. Electing Directors. Books of subscription. Payment of subscriptions. SEC. VI. Be it further enacted, That in all questions where a right-of-way arises, and the parties are unable to agree, the Sheriff of the county in which the land is situated shall at the request of either party, summon a venue of six jurors, freeholders of said county, who shall assess the damages to be paid by said company for the construction of said road through said lands, and each party shall have ten days' written notice of the time and place of meeting of said jurors for making such assessment, giving to either party the right of appeal to the Superior Court of the county in which the land is situate, which appeal shall be entered within four days from the finding of the jury. In addition to the usual oath, said jury to be severally sworn in assessing damages; to take in account the enhanced value of the lands, by reason of the building of the road through said land. If such appeal shall be entered, the right of said company to go on in the construction of said road shall exist, and shall not be suspended; Provided, said company shall give bond in double the sum found by said jury, conditioned to answer such judgment or deeree as may be made in the Superior Court. Disputed right-of-way. Appeal. Proviso. SEC. VII. Be it further enacted, That said company shall be, and is hereby, authorized to cross railroads and all other roads; to build and construct bridges over creeks and rivers, not obstructing the free navigation of the same; to connect at the termini of said road with any other railroad; to build and to have depots, and to take such other measures, not unlawful in themselves, that may be necessary in building said railroad, equipping and carrying out the objects of the same, so far as is set forth in this Act. Authority to cross other roads SEC. VIII. Be it further enacted, That the President and directors of said company shall be authorized to call for installments on subscriptions to stock as they from time to time deem necessary to enforce the collections of the same, or to declare the stock of the delinquent forfeited if such stockholder fails to comply with the terms of his subscription, or to do such other acts as they may deem

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best for the company; Provided, only so much of said stock shall be forfeited, as may be necessary, at the market price to pay the amount of the stockholders' unpaid stock. Forfeiture of stock. Proviso. SEC. IX. Be it further enacted, That said company shall begin the construction of said road as soon as possible, and shall complete the same within ten years from the date of the grant of this charter; but no organization of said company shall be effected under this charter until fifty thousand dollars shall be bona fide subscribed to the capital stock of the company, and five per cent. thereof shall have been actually paid in; and if said road is not completed in ten years from the passage of this Act the charter hereby granted to be forfeited. Authority to commence work. 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 November 4, 1889. INCORPORATING THE BRUNSWICK, ATHENS AND NORTH WESTERN RAILROAD COMPANY. No. 544. An Act to incorporate the Brunswick, Athens and North Western Railroad Company; to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That George M. Brinson, L. Johnson, C. B. Townsend, A. J. Crovatt, Wm. B. Stillwell and Bolling Whitfield, their associates, successors and assigns, are hereby created a body politic and corporate, under the corporate name and style of the Brunswick, Athens and North Western Railroad Company, for the purpose of constructing, equipping and operating a railroad from Brunswick, in the county of Glynn, to the North Carolina State line, running through the counties of Glynn, Wayne, Tatnall, Emanuel, Johnson, Washington, Hancock, Greene, Oglethorpe, Clarke, Jackson, Banks, Habersham, White and Towns, or any one or all of said counties, as the Board of Directors may deem expedient; and by, and in said corporate name, they may sue and be sued, plead and be impleaded, answer and be answered unto, in any court, whatever; may make contracts in said corporate name, may acquire, hold and convey

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property, both real and personal, may have and use a common seal, may appoint all necessary officers, and do all other acts proper and incident to the building, equipment, control and operation of said road. Corporators. Corporate name. Route. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the parties named in the first section may meet at any time after the passage and approval of this Act, and arrange for opening books of subscription and receiving subscriptions to the stock of said railroad company, and to that end may effect a temporary organization, to continue until permanent organization shall be perfected by the stockholders of said company. Books of subscription shall be opened in the city of Brunswick, and at such other points as may be found necessary or advisable, and kept open as long as may be deemed necessary. Provisional Directors. Books of subscription. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of said railroad company shall be two million five hundred thousand dollars ($2,500,000), with the privilege of increasing the same, from time to time, as may be deemed necessary by the stockholders, not to exceed five million dollars ($5,000,000) in all, said capital stock to be divided into shares of one hundred dollars ($100) each. Whenever one hundred thousand dollars ($100,000) of the stock of said company shall have been subscribed for, bona fide, the stockholders shall meet and effect an organization of the company, and shall be authorized in their discretion to proceed with the work of construction of said road. Capital stock. Authorized to commence work. SEC. IV. Be it further enacted by the authority aforesaid, That said company shall have the power to accept, purchase, hold and convey any property whatever, real or personal, for the purpose of constructing, equipping and operating said railroad, or that may be necessary, useful or beneficial to said railroad or its business, and also to acquire all rights-of-way, not to exceed two hundred feet in width, on lands, and all necessary privileges on water courses, that may be on, near or across the route of said road; that said company shall have all the powers granted in 1689 (l) of the Code of 1882; Provided, that nothing in this charter contained shall be construed to give to said company the power to take or damage private property till just and adequate compensation be first paid. Property privileges. Right-of-way. Proviso. SEC. V. Be it further enacted by the authority aforesaid, That the principal office of said company shall be located at Stillmore, in the county of Emanuel, with the privilege of removing the same to such other places and at such times as may be deemed advisable by the Board of Directors. Principal office.

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SEC. VI. Be it further enacted by the authority aforesaid, That the affairs of said corporation shall be managed by a Board of Directors to consist of nine (9) persons, a majority of whom must be residents of the State of Georgia. A majority of said shall directors constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders on such day and time as may be fixed by the by-laws of said company; Provided, that at least twenty days' notice of all meetings of the stockholders of said corporation shall be given in some paper published in the city of Brunswick. At all elections and meetings of the stockholders each stockholder shall be entitled to cast, either in person or by proxy, one vote for every share of the capital stock owned or held by him, either in person or as guardian, executor, administrator or trustee. Said Board of Directors shall elect one of their number President of the company, a majority of votes being necessary to a choice, and such President shall have such power and authority and shall perform such duties and shall be elected to office for such length of time as may be provided by the by-laws. The Board of Directors shall have power and authority to establish, alter and amend all such by-laws, rules and regulations, not in conflict with the Constitution and laws of this State or of the United States, as they may deem necessary or advantageous for the government of said corporation or of the management of its business. They shall have authority to fill all vacancies that may occur in the Board of Directors or in the offices of said company by death, resignation or otherwise. They shall have power to call in from time to time as they may deem proper, such installments of the original or the increased capital stock of said corporation as may remain unpaid from time to time and at any time, and to receive cash or what they may consider its equivalent in payment thereof. Said Board of Directors shall have authority to issue bonds secured by mortgage on said railroad to an amount not to exceed ten thousand ($10,000) dollars for each mile actually constructed and in operation. They shall have the authority to lease, purchase or build, and to own, use, hold or enjoy any such steamships, steam vessels or sailing vessels of any and every kind they may deem necessary or beneficial for said corporation or its business, or to enable it successfully to compete with any other company; and they may lease, purchase, build or contract for the use of any such wharves, docks, dockyards, yards or compresses as they may deem necessary therefor; and shall have full power and authority, with the consent of the corporate authorities of the city of Brunswick, to carry such railroad through any street or streets of the city of Brunswick as may be necessary to

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reach the depot, wharves, yards or other terminal facilities of said railroad company in said city of Brunswick. Board of Directors elected annually. Proviso. President. Authority to issue bonds. Navigation privileges. SEC. VII. Be it further enacted by the authority aforesaid, That the said company shall have power to build such branches as may be necessary or desirable; provided, that no such branch is to be more than fifty miles in length. Branch roads. SEC. VIII. Be it further enacted by the authority aforesaid, That said Brunswick, Athens and North Western Railroad Company, together with all the rights, privileges and franchises, and also all of the shares of stock held by the company, or any member thereof, may be sold, leased, transferred, or assigned, upon such terms as may be agreed upon, and that said company may be consolidated, combined with, or united with any railroad company or companies, directly or indirectly connecting therewith, and may unite the management of said companies upon such terms, conditions and provisions as may be agreed on between such companies so consolidating or uniting, and such companies may adopt such corporate name as they may deem best. Provided, that there shall be no sale, lease, transfer, assignment, consolidation or combination, directly or indirectly, of said road with any other competing company, so as to defeat or lessen competition, or create monopoly; Provided, that no public road or street shall be taken by said company without the consent of the authorities of the county or city, as the case may be. Authority to sell or lease, privileges and franchises. Proviso. SEC. IX. Be it further enacted by the authority aforesaid, That unless twenty-five miles of the said railroad be built, equipped and in running order within five years from the passage of this Act, this charter shall be null and void. Provided, that no sale of the rights, privileges or franchises granted in this charter shall be valid until twenty-five miles of the main line shall have been built, equipped and in running order. Forfeiture of charter. Proviso. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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AMENDING THE CHARTER OF THE WACO AND BOWDON RAILROAD COMPANY. No. 572. An Act to amend an Act to incorporate the Waco and Bowdon Railroad Company, approved October 6, 1885, and for other purposes. SECTION I. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled An Act to incorporate the Waco and Bowdon Railroad Company, and to authosize said company to build and operate its road from the town of Waco, in the county of Haralson, Georgia, southward to Bowdon, Carroll county, Georgia, and to grant certain powers and privileges to the same, and for other purposes, approved October 6, 1885, be amended by inserting after the word Waco, in the 7th section, the words, or some point on the Georgia Pacific Railroad, and after the word Georgia, in the 5th line of said section, the word or, and by striking therefrom the word near, so that said section, when amended, shall read as follows: That said company shall have power to survey, locate, contract, make, build, maintain, equip, use and operate a railroad from Waco, or some point on the Georgia Pacific Railroad, in Haralson county, Georgia, southwestward through a portion of Haralson county and a portion of the northwestern part of Carroll county to Bowdon, Georgia, on the State line of Alabama, and shall have power to accept, purchase, lease, have and hold and convey any property, real or personal, or mixed, and to erect such buildings, depots and shops, operate such machinery, and do such other things as it may deem necessary and proper for its advantages and benefit. Amends original charter. Powers and privileges granted. SEC. II. Be it further enacted, That there shall be added to said Act an additional section, to be known as Section 13, as follows: That nothing in this charter shall be construed to give to said company the power to take or damage private property until just and adequate compensation has been first paid. Pay for con demned property. SEC. III. Be it further enacted, That section 13 of said Act be changed into section 14. SEC. IV. Be it further enacted by the authority aforesaid, That the original printed Act be amended by striking out the name J. W. Adamson, one of the incorporators, and inserting in lieu thereof the name of William D. Lovvorn. Approved November 7, 1889.

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AMENDING CHARTER OF MACON AND BIRMINGHAM RAILROAD COMPANY. No. 579. An Act to amend an Act entitled an Act to incorporate the Macon and Birmingham Railroad Company, approved December 26, 1888, so as to require said railroad to run into and through the town of Thomaston, in the county of Upson, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the charter heretofore granted to the Macon and Birmingham Railroad Company be, and the same is hereby, amended by adding to and at the end of section 1 of said Act the following words: Provided, further, if said road runs through the county of Upson, and within five miles of the town of Thomaston, it shall run into and through the corporate limits of said town, or within one mile of the court house; Provided, that it shall not cost the company any more from where said road crosses said five-mile limit, on the east of said town, than any other route within said five-mile limit to the Rogers property, which cost shall be determined by two competent, disinterested civil engineers, one to be selected by the said company and the other by the Mayor of Thomaston, to locate the route proposed by said company within said five-mile limit, and the route within said town, or within one mile of the court house in said town, on a way which is equitable and just, both to said company and said town, and estimate the cost of building such line; and if these two fail to agree, then those two engineers to appoint a third disinterested, competent civil engineer, who shall decide and determine the matter; and in estimating the costs of said routes, the safety and permanency of the road-beds, and keeping up of the same, shall be considered; and whatever amount said estimate shows it will cost more, to go through said corporate limits, or within one mile of said court house, than the route proposed by said company within said five-mile limit, shall be paid by said town of Thomaston, or the citizens thereof; and upon a refusal to pay the same, said company is released from building said road through said corporate limits, or within one mile of said court house. Said extra cost, or sum, if any, is due to be paid into some solvent national bank of the State, when said road is built from the city of Macon to said five-mile limit, subject to be checked out by the said company when said road is built through said five-mile limits. Amends original charter. Requires road to run through Thomaston

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SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889. CONFIRMING THE CHARTER OF THE ATLANTIC AND NORTH WESTERN RAILROAD COMPANY. No. 585. An Act to confirm the charter of the Atlantic and North Western Railroad Company, granted May 1st, 1889, under General Railroad Laws of the State; to define and change and extend its route; to define its powers, privileges and liabilities; to authorize consolidations with other railroads, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the charter granted under the General Railroad Laws of this State, May 1st, 1889, from the office of the Secretary of State, to the Atlantic and North Western Railroad Company, a corporation organized under the provisions of said laws, be, and it is hereby ratified and confirmed, and the formation of said company and all acts done under and in pursuance of said charter, are hereby legalized. Charter confirmed. SEC. II. Be it further enacted, That said railroad company shall have power and authority to so change and extend its route, as to lay out, locate, construct, equip and operate a railroad from the line of the State of Alabama, in either the counties of Carroll, Heard or Troup, through said counties and the counties of Coweta, Fayette, Meriwether, Pike, and through the counties of Spalding, Butts, Jasper, Putnam, Hancock, Warren, Glasscock, Jefferson, Washington and McDuffie to the line of the State of South Carolina, through the counties of Richmond, Burke or Screven, through any of said counties named, as its line may run west advantageously by the engineers of the company from the line of Alabama to the line of South Carolina. Authority to change and extend its route. SEC. III. Be it further enacted, That said railroad company, in addition to the powers herein conferred, except as herein modified, shall have all the powers and privileges and immunities and be subject to all the liabilities obtained by said corporation by reason of being chartered under the general railroad laws of this State, which are ratified, confirmed and regranted to this company. General powers and privileges.

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SEC. IV. Be it further enacted, That the principal office of said company shall be in Spalding county, but the company shall have power to change the same by giving thirty days' notice of the change in some public gazette published in said county. Principal office. SEC. V. Be it further enacted, That the present directors of said company shall hold their office until the first Saturday in December, 1889, when a new Board of Directors shall be elected by the company, consisting of not less than three nor more than thirteen members, as the company may direct in its by-laws, the board to be elected on same date of each year annually thereafter. Election of Directors. SEC. VI. Be it further enacted, That the annual meetings of the company shall be held on the first Saturday in December of each year, of which due notice must be given the stockholders. Annual meeting. SEC. VII. Be it further enacted, That the Board of Directors shall have full power and authority to carry on the business of the company; to make contracts for laying out, constructing, equipment and operation of the road and raise money necessary for these purposes and secure the same by mortgage, bonds or other instruments of writing creating a lien on company's property, fix salaries, call in and collect subscriptions, elect officers, adopt a seal and make by-laws; Provided, however, that the company shall have power to direct said board in any matter, when the mandates and direction of the company shall be carried out by them. Powers of Board of Directors. Proviso. SEC. VIII. Be it further enacted, That said railroad company shall have power and authority to purchase, lease or consolidate with any railroad company constructed or chartered through any part of its projected through line, or with any railroad company incorporated under the laws of Georgia, Tennessee, Alabama and South Carolina and other States, and when so purchased, leased or consolidated this charter may extend to and cover all such roads in addition to the powers already exercised by said corporations; Provided, however, that nothing herein contained shall empower said railroad company to become a party to any purchase, lease, consolidation or agreement which tends to defeat or lessen competition or create monopoly, or is contrary to the Constitution of this State when made; Provided, that the principal office of said company shall not be changed so as to remove the same without the State of Georgia, and, provided further, that no public road or street shall be taken by said company without the consent of the county or city authorities, as the case may be. May consolidate with other lines. Proviso. Provided further. 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 November 8, 1889.

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INCORPORATING THE ATLANTA AND SEABOARD RAILROAD COMPANY. No. 588. An Act to incorporate the Atlanta and Seaboard Railroad Company; to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, Frank P. Rice, A. J. Orme, A. H. Cox, E. P. Black, H. H. Cabaniss and their associates, successors and assigns are hereby created a body politic and corporate under the name and style of The Atlanta and Seaboard Railroad Company, and in and by that name may sue and be sued, plead and be impleaded in any court in this State; may contract and be contracted with; may have and use a common seal; may make by-laws for the regulation of business not inconsistent with the laws of this State; may have, appoint or elect all necessary officers for the conduct of the business of said corporation and define their duties; may accept, purchase, hold and convey real and personal property; and may do all lawful acts for the promotion, control and transaction of its business; and that said company shall have power and authority to survey, lay out, construct, equip, maintain and operate a railroad from the city of Atlanta, in the county of Fulton, (or from some point on the present lines of some other railway in said county), through said county of Fulton and through the following counties, or such of them as said railroad company may deem fit, to-wit: DeKalb, Henry, Rockdale, Newton, Butts, Jasper, Putnam, Jones, Baldwin, Hancock, Wilkinson, Washington, Johnson, Jefferson, Emanuel, Bulloch, Bryan, Effingham and Chatham, by the most direct and practicable route, to be judged by them, in the direction of and to the city of Savannah, in Chatham county, in said State, and also shall have the power and authority to survey, lay out, construct, equip, maintain and operate a railroad from some point to be selected by said company in either the county of Baldwin, or Wilkinson, or Washington, or Johnson, or Emanuel, or Bulloch, on the first named line, through said counties, and through the counties of Jefferson, Banks, Bulloch and Screven, or such of them as said railroad company may deem fit, to some point on the State line of South Carolina, by the most direct and practicable route, to be judged by them, and in the direction of Port Royal or Charleston,

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South Carolina; and shall also have power and authority to survey, lay out, construct, equip, maintain and operate a railroad from some point to be selected by said company in either the counties of Baldwin, or Wilkinson, or Washington, or Johnson, or Emanuel, or Bulloch, on said first named line, through said counties, and through the counties of Bulloch, Tatnall, Liberty and McIntosh, to the city of Darien; and shall also have the power to survey, lay out, construct, equip, maintain and operate a railroad from some point to be selected by said company on either of said lines, or at the intersection of the same, through said counties aforesaid, and through the counties of Tatnall, Liberty, Wayne, Glynn, or such of them as said railroad company may deem fit, to and into the city of Brunswick; and shall also have the power to survey, lay out, construct, equip, maintain and operate a railroad from some point to be selected by said company on either of said aforementioned lines, or at the intersection of the same, through said aforementioned counties, and through the counties of Laurens, Montgomery. Telfair, Coffee, Appling, Ware, Pierce, or such of them as said railroad company may see fit, to and into the city of Waycross. Corporators. Corporate name. General powers. Route. SEC. II. Be it further enacted, That the capital stock of said railroad company shall be one hundred thousand ($100,000.00) dollars, and that the same may be increased to any sum not exceeding twenty-five thousand dollars per mile of said lines of railway, whenever the same shall be authorized by a majority of the stockholders at a meeting called for that purpose. Said stock shall be divided into shares of one hundred dollars each. Capital stock. SEC. III. Be it further enacted, That the business of said company shall be managed by a Board of Directors, to consist of such number as may be prescribed by the by-laws of said company; that said Board of Directors shall select from their number a President and Vice-President, who shall perform such duties as may be conferred on them by said by-laws, and said Board of Directors shall elect all other officers of said company, needed to conduct its business. President. SEC. IV. Be it further enacted, That the persons named, or a majority of them, in case the whole of the capital stock herein provided for is not subscribed, may open books of subscription at such places, and after giving such notice as they may deem expedient, and may from time to time receive subscriptions, until the capital stock is fully subscribed for. Books of subscription. SEC. V. Be it further enacted, That so soon as the capital stock of one hundred thousand ($100,000.00) dollars, herein provided

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for, is subscribed for, the incorporators herein named, or a majority of them, shall call together the persons who have subscribed for the same, for the purpose of organizing the said company; and said subscribers shall adopt by-laws for the government of said company, and select the Board of Directors to manage the affairs of the company; said directors shall be chosen by a majority of the votes of the stockholders, each share of the stock to be entitled to one vote, and said Board of Directors shall continue in office until others are elected in their places as provided in the by-laws of said company; in all elections, stockholders may vote in person or by proxy, and vacancies in the Board of Directors shall be filled as prescribed by the by-laws of said company. Authority to organize. SEC. VI. Be it further enacted, That in addition to the powers herein conferred upon said company, it shall have the authority to cause such examinations and surveys to be made as shall be necessary for the selection of the most advantageous routes, and may enter upon the land of any person for that purpose; and said company may receive and hold such voluntary grants and gifts of real estate and other property as may be made to it, to aid in the construction, maintenance and operation of its road, and may purchase real or personal property and pay for the same in its capital stock, and such stock shall be held to be fully paid-up stock; and may lay out its right-of-way not exceeding one hundred feet in width, and may excavate and embank thereon, and take as much land thereform as may be necessary for the proper construction, operation and security of the road, and may 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 by law; and may construct its road across or along any stream of water, or use the same, or any water-course or street, canal or highway which its road shall interesect or touch; Provided, said company shall obtain the consent of the proper authority of the counties, respectively, through which said railroad may run, before being authorized to take and use any of the public roads for the purposes of said railroad, except to cross the same; and whenever the track of said railroad shall touch, intersect or cross any other railroad, highway or street, it may be carried along, over or under such railroad, highway or street as may be found most convenient for its purposes, and in case any embankment or cut in the construction of said road shall make it necessary to change the course of any highway or street, it shall be lawful for said company to so change the course of said road, highway or street; Provided, said company first obtain the consent of the municipal or county authorities, as the case may be;

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and said company may cross, intersect, join or unite its railroad, at any point on its route, upon the grounds of any other railroad, and may run over any part of any other railroad's right-of-way where necessary to reach its depots; but the right to use such right-of-way shall be determined by arbitration in the usual manner, as shall also the compensation to be paid for the same. That in order to reach its depots in any city or town in this State, it may use any street, lane or alley therein as it may deem necessary for this purpose; Provided, the consent of the municipal authorities of said town or city be first obtained; and may erect and maintain all such buildings, fixtures and machinery as may be needed for its business, and may borrow such sum or sums of money at such rates and on such terms as its Board of Directors shall agree upon, or may authorize, and may, by and through its Board of Directors, execute such trust deed or deeds, mortgage or mortgages on the property of said corporation, for the security of such debts or any debts of said company, as such Board of Directors may deem expedient; and said company may in like manner make provisions in such deed or deeds, mortgage or mortgages for transferring its entire property, railroad tracks, depots, grounds, rights, privileges, franchises, immunities, rolling stock, and all appurtenances used in connection with said railroad, or in any manner belonging to said company, or which might or would thereafter belong to it, as security for the payment of its bonds or debts of any kind. Survey. Right-of-way. Proviso as to use of public roads. Proviso as to crossing other roads Terminal facilities. May negotiate loans and mortgages or transfer its franchises. SEC. VII. Be it further enacted, That the said Atlanta and Seaboard Railroad Company shall have the power to sell, lease, assign or transfer its stock, property or franchises to, or consolidate the same with, those of any other railway company which has been incorporated, or may hereafter be incorporated, and which will connect with and form a continuous line of road from Atlanta direct to Savannah, or from Atlanta direct to Charleston or Port Royal, or from Atlanta direct to Jacksonville, or from Atlanta direct to Brunswick; Provided, however, that this charter shall be null and void, without judgment of forfeiture, if the said company fail to build and have in operation twenty miles of said road within five years from the grant of this charter. Authority to sell or consolidate. Forfeiture of charter. SEC. VIII. Be it further enacted, That said company shall have all the powers granted in section 1689 (1) of the Code of Georgia of 1882; but nothing herein contained shall be construed to give said company any power to take or damage any private property till just and adequate compensation has first been paid. Additional powers and privileges. SEC. IX. Be it further enacted, That the principal office or

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place of business of said corporation shall be in the city of Atlanta, in Fulton county, Georgia. Principal office. SEC. X. Be it further enacted, That said corporation may continue to exercise the rights and franchises herein conferred for and during the term of thirty years. Term of charter. SEC. XI. Be it further enacted, That nothing herein contained shall be so construed as to allow said company the right to dispose of any of the franchises herein granted to any competitive company, or in any manner that would tend to defeat or lessen competition, and such disposal of these chartered privileges shall work, without judgment, a forfeiture of the same. Proviso as to disposition of franchises. 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 November 8, 1889. INCORPORATING THE TURTLE RIVER RAILROAD COMPANY. No. 608 An Act to incorporate the Turtle River Railroad Company in the county of Glynn, and to authorize said railroad company to construct and maintain a line or lines of road entering into and having a terminal point in the city of Brunswick, in said county, at any point in said city south of J street and west of Ellis street, and a terminal or terminals at any point or points on Turtle River or St. Simons Sound, or any river or sound or creek eastwardly of Ellis street, in said county, and a terminal or terminals at any other point or points within the county of Glynn, on or at any point within two miles of the east bank of said Turtle River; to authorize said railroad to cross other railways, and to cross canals, creeks and rivers, and to bridge the same; to take, and if necessary condemn, land for the purpose of right-of-way and terminal facilities; to authorize said railroad company to lay tracks and operate its railroad in certain streets of said city of Brunswick; to authorize said railroad company to buy, hold, lease, improve and sell real estate; and to authorize said railroad company to issue bonds, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Frank D. Aiken, Robert R. Hopkins and Jordan S. Thomas,

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all of the city of Brunswick, Glynn county, Georgia, and such other individuals as the above named persons shall associate with them, and their successors and assigns, shall hereafter be a body corporate under and by the name and style of the Turtle River Railroad Company, and by said corporate name shall transact its business; shall be capable to buy, hold, lease and sell real estate and personal property, and contract and be contracted with, sue and be sued, plead and be impleaded; make by-laws for the governance of said corporation, its stockholders, its officers, its servants and employes; to do all lawful acts and things incident to a corporation, and necessary, advisable or proper for the transaction of business for which it is incorporated; to have and use a common seal; to change its seal at pleasure, and to do all matters and things hereinafter specially provided for. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That the capital stock of said railroad company shall be twenty-five thousand ($25,000) dollars, which may be increased from time to time until the same may finally aggregate $200,000 by a two-thirds vote of the stock or the company at an election or elections, duly held for the purpose, and after sixty (60) days' notice of such elections shall be given by the President of said company in the newspaper in which the Sheriff's advertisements of Glynn county are published, which notice shall state the purpose for which the election shall be held. And said Turtle River Railroad Company is authorized to commence operations when said twenty-five thousand ($25,000) dollars of stock are subscribed for in good faith, and twenty per centum of the last stated amount is actually paid in, as by the terms of this Act; and the stock of said company shall be divided into shares of one hundred dollars each, the certificates for which shall be signed by the President and Board of Directors of said company, and attested by the Secretary. Capital stock. Authority to begin work. Stock certificates. SEC. III. Be it further enacted by the authority aforesaid, That said railroad company may lay and construct its line of road and operate the same from a point in the city of Brunswick, Glynn county, Georgia, as hereinafter defined, to any point in Glynn county, excepting as hereinafter provided, and may so construct and operate its said road down through and in any one of the streets in the city of Brunswick, west of Ellis street, and along down and through such streets as it may elect to lay said road through from the northern confines of said city to a point in such street, the consent of the corporate authorities of said city having already been obtained for the exercise of this right; and said Mayor and Council of said city of Brunswick shall be allowed compensation for the exercise of this

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privilege; provided always, that the laying of such lines of road and operating the same, shall be subject to all the laws and ordinances of the Mayor and Council of the city of Brunswick governing railroads in that city, and that such lines shall be liable to be removed from its limits just as any other railroad now in said city, and said Mayor and Council may declare the kind of motive power to be employed in said city on said road. And the said railroad company shall leave the streets of said city through which it shall run, and keep the same, in the same like good order and condition in which it was found at the time when it laid its tracks therein; and it shall put good and sufficient crossings at each street or lane crossing, and at each railroad or street railroad crossing, in said city, on its line of road; and where said railroad crosses lands of any person, natural or artificial, and intersects any private or public way thereon; said railroad company shall also place a good and sufficient crossing at such public or private road for the use of passers there, and may hold land at each terminal for depot purposes, and erect and maintain the necessary buildings for its business. Route. Motive power. Crossings. SEC. IV. Be it further enacted, That said railroad company is authorized and empowered to cross any railroads or creeks or marshes that their line may pass over, and to bridge such creeks and to throw up embankments upon such marshes over which it may pass; but said railroad company, where it bridges any navigable stream, shall so construct its bridge as not to impede or interfere with the navigation of the same; and it may cross and bridge across any canal or canals over which its line of road may run. Authority to cross other roads etc. SEC. V. Be it further enacted, That said Turtle River Railroad Company be, and is hereby empowered to receive subscriptions for stock in real estate in right-of-way, in terminal facilities, and in labor, work, services, money and materials of every nature employed in its construction and equipment. Stock subscriptions. SEC. VI. Be it further enacted, That for the organization of said company, the said persons herein above named, or a majority of them, shall appoint the times and places in the city of Brunswick at which subscriptions of stock in said company may be made, and publish the same in the paper in which the legal advertising of Glynn county is done, once a week for four weeks before the day appointed, and shall, within six months thereafter, appoint a time and place for the meeting of the subscribers for stock, of which they shall give a like notice in such gazette, at which time and place they shall proceed to elect five directors, three of whom shall be citizens of Georgia, who shall form and constitute the Board of Directors, one of whom, being a citizen of Georgia, they shall elect

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as President thereof, and said President and directors shall hold their offices for one year, and until their successors are elected and installed in office; and the by-laws of said company shall prescribe and define the manner and time of holding subsequent elections for directors; and in all cases the stockholders shall be allowed to vote in person or by proxy, under powers of attorney duly executed. The number of votes to which each stockholder shall be entitled to shall be one vote to each share of stock held by him or her. The said Board of Directors shall have power to fill all vacancies which may occur in their board, or other offices, until the regular annual election by the stockholders, and shall fix the compensation of the President of said board, and all other officers of said corporation. Not less than three directors shall constitute a board for the transaction of business, of whom the president shall be one; and in cases of sickness or necessary absence of the President, the vacancy may be filled by one of the directors present being elected President pro tempore by a majority of those present. Books of subscription. Organization. Board of Directors. SEC. VII. Be it further enacted, That the books, papers and correspondence of said company shall at all times be subject to the inspection of the Board of Directors and stockholders, at any and every meeting thereof, when required, and all bonds, notes or other written evidence of debts, or contracts, required to be in writing by said company, shall not be binding on said corporation until the same shall be signed by the President of said company, and counter-signed or attested by the Secretary thereof. Books, papers, etc., subject to inspection of Directors. SEC. VIII. Be it further enacted, That said railroad company shall have and maintain along its line of road, except when the same runs through the streets of the city of Brunswick, as hereinafter specified, a right-of-way, a distance of fifteen (15) feet from the center of its main track on each side; and where it deems it necessary to have sidings or side tracks along its line, its right-of-way shall be a distance of fifteen (15) feet from the center of its main line, and fifteen (15) feet from the center of its side tracks, where it has such. Right-of-way. SEC. IX. Be it further enacted, That said railroad company may at any time, and from time to time shall have power to issue bonds, in such shape and upon such termsas the directors may determine, upon the consent of a majority of the stockholders of said company, and in such amounts, from time to time, as the stockholders of said company may determine by a vote of its stock; Provided, that at no time shall the aggregate amount of bonds issued under the terms of this provision by said company exceed altogether the amount of fifty thousand ($50,000) dollars, and may secure the same from time

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to time by mortgage or deed of trust upon all or any part of the property, real or personal, of said company. Authority to issue bonds. Proviso. SEC. X. Be it further enacted, That said railroad company may construct its line from said southern terminal south of J and west of Ellis streets, when selected, as aforesaid, to any point on the high land bordering the marshes on the east side of Turtle river, and locate its northerly terminal there; and may operate such limited portion of its entire line, as said corporation may think best, for a part of the time, or during the full term for which this charter is granted; and may, at any time within five years from the time when this Act becomes a law, commence to run said road across said marshes from such point on the high lands first made its northerly terminal to Turtle river, subject to the conditions hereinafter contained; and if said company shall commence to construct said road across said marshes within said five years, in good faith, it shall then have two years more in which to complete that work; but if the line across said marsh to Turtle river, subject to the conditions hereinafter contained, is not commenced within five years, the right to extend the same from said high lands across said marsh shall be declared forfeited; or if said company commences the building or construction of its line across said marsh to Turtle river, subject to the conditions hereinafter contained, from high land within five years, and fails to complete and have the same in running operation and working order within two years from that time, then the privilege and franchise to construct and maintain the same from said terminal on high land across shall be forfeited. And said railroad company, after its main line of road is completed from such point in the city of Brunswick, south of J street and west of Ellis street, to such point on the high lands east of Turtle river as may be selected for either a permanent or temporary northern terminal, or on Turtle river, may at any time thereafter extend its line from any point or points on said main line northward of said city of Brunswick to any point or points on the eastward banks of said Turtle river, in said county of Glynn, either upon the high lands or marshes on said river, or tributaries thereto, emptying into it from the eastward, or to any point or points on the east side of said river, in said county, and within five miles, on a direct line, running east and west of the east bank of said river, or southwardly of its said southern terminal to any point on the eastward bank of said river below the old town of Brunswick, or on St. Simons sound, or any river or creek emptying into said sound, and southward of said old town and in said county, subject to the conditions hereinafter contained. Special privileges. Forfeiture. Terminal points.

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SEC. XI. Be it further enacted, That said railroad company is hereby empowered, when necessary, to lay its track and road-bed on the right-of-way of any other railroad or railroads, in said county of Glynn, but not nearer than fifty feet from the center of its main track to the center of the main track of such other railroad, for which privilege, compensation, if required, shall be made as hereinafter provided. Rights as to other railroads. SEC. XII. Be it further enacted, That all powers, rights, privileges and immunities specified in, and granted and conferred by section 1689 (l) of the present Code of Georgia (1882) for acquiring and condemning right-of-way, lands or other property, and so forth, as mentioned in said section 1689 (l) for the purposes therein recited, or other necessary purposes, be, and they are hereby conferred upon, and granted to said Turtle River Railroad Company; and said section 1689 (l) is hereby incorporated in, and made a part of this Act for all purposes. Additional powers and privileges. SEC. XIII. Be it further enacted, That said railroad company is hereby authorized and empowered to carry passengers and freight over its said line and extensions of the same, and shall have the power to fix the rates of toll for the carriage of persons and property over such lines and collect the same, and have all the powers, facilities, rights and franchises necessary or proper to successfully accomplish and maintain the objects of its incorporation. Traffic privileges. SEC. XIV. Be it further enacted, That the directors of said corporation shall fix the number of all other officers of said company, and prescribe their duties, powers and liabilities, and the amount of bond each shall give; and they shall require bond from all the officers and employes of said company who are, or may be, entrusted with money or property, for the faithful execution of their trusts and duties, and a true accounting to said corporation, and to define, by resolution or otherwise, all the conditions and stipulations of such bond. Duties of Board of Directors. SEC. XV. Be it further enacted, That said railroad company may construct its road of whatever gauge it pleases, and change its gauge at the pleasure of its stockholders; and may propel its machinery and rolling stock with steam or horse power or whatever motive power its directors may direct from time to time; and may employ one kind of motive power and use one gauge on one part of its line of road, and another on another part, or the same on all, according as the directors may think best; Provided, that upon such portions of their railroad as are located within the city of Brunswick, its consent must be first obtained as to the kind of motive power to be used. Gauge of road and motive power. Proviso.

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SEC. XVI. Be it further enacted, That the stockholders of said corporation shall meet after their first organization, as provided by this Act, annually on the first Thursday in each year, and if that day falls on a legal holiday, then the next day; and at each said annual meeting the directors shall be elected; provided, that the stockholders of said corporation may, at any annual meeting, select any other day and select any other time for holding said annual or any other meetings. And the Board of Directors may call a special meeting of the stockholders at any time, when in the opinion of a majority of the directors it appears necessary for the welfare of the corporation or to the interest of the stockholders, and ten days' notice of such meeting shall be mailed to the address of each stockholder, if known to the Board of Directors, and also published in the newspaper where the legal advertisements of Glynn county are published, for the space of ten days before the day of the meeting. Annual meetings. Proviso. Special meeting. SEC. XVII. Be it further enacted, That the Board of Directors of said corporation shall hold a regular directors' meeting on the second Monday in each and every January, May, October and December, except when that day falls on a legal holiday, and then their meeting shall be held the next day. But the President of said corporation may call a special meeting of the directors at any time on five days' notice, a copy of which shall be mailed to each director whose address is known to him, and published in the newspaper as provided for the publication of the notice to the stockholders in the last preceding section of this Act. When the Board of Directors shall meet. SEC. XVIII. Be it further enacted, That whenever any person shall subscribe for any stock in said company after the books are opened, as provided in this Act, and shall fail to pay any installment called for by the Board of Directors by resolution or otherwise for the space of ten days after the same becomes due, then and in that case it shall be lawful for, and the duty of said Board of Directors to proceed to sell the shares of such defaulting subscriber or stockholder, which shall be done in the following manner: At their first monthly meeting after such default and after the directors have received notice thereof, they shall pass a resolution reciting that such stockholder or subscriber has failed to pay such installment, and directing that all of the stock in said company for which he is in arrears be sold to pay up the deficit; and thereupon said directors, unless such default be cured, shall sell such stock before the court house door in Glynn county between the legal hours of sale on a regular Sheriff's sale day, after having given notice once a week for four weeks in the paper where the Sheriff's advertisements

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of Glynn county are published; and any one of said directors whom the board may direct shall make such sale of the same to the highest and best bidder at said sale, or so many shares thereof as shall be sufficient to pay up the installment called for and in arrears and all costs of such proceedings; and such shareholder shall be responsible for all costs of advertising and publishing said notice and conducting such sale; and if all the shares of such subscriber in said company do not bring sufficient at such sale to pay such arrearages of said shareholder and costs, then said directors shall bring action against said shareholder for the difference between the amount of the arrearage and the amount of the net proceeds of such sale, and shall be entitled to recover judgment for such balance. Forfeiture of stock. Sale of forfeited stock Costs. SEC. XIX. Be it further enacted, That all the stockholders of the said corporation shall be severally and individually liable to the creditors of the said corporation to an amount equal to the amount of their unpaid subscription to the stock, respectively; but no stockholder shall be individually liable to the creditors of said company beyond the amount of his or her unpaid subscription to the capital stock. Liability of stockholders. SEC. XX. Be it further enacted, That nothing herein contained shall authorize said Turtle River Railroad to be extended into or constructed and operated over the property of the East Tennessee, Virginia and Georgia Railway Company, which lies between the high land and Turtle river; said property being that generally known as the New Docks, the same being originally marsh lands, without the written consent of said East Tennessee, Virginia and Georgia Railway Company, approved by its President. Not authorized to encroach on property of E. T., V. G. R. R. SEC. XXI. Be it further enacted, That this Charter shall be and continue of force for the term of fifty years, with the privilege of renewal; but that all the franchises and privileges hereby granted to the above named corporators shall be forfeited and annulled if, at the end of ten years, said road is not completed and in working operation from its terminal on said high lands on the east bank of Turtle river, or from any point on its authorized line to its terminal south of J street as it shall select. Term of charter. Forfeiture. SEC. XXII. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed, so far as affects this Act. Approved November 11, 1889.

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AUTHORIZING LESSEES OF THE WESTERN AND ATLANTIC' RAILROAD TO CONSTRUCT SIDE TRACKS. No. 620. An Act to authorize the Lessees of the Western and Atlantic Railroad to build and construct side tracks across the railroad or tracks of other companies where such other companies occupy a part of the right-of-way of said Western and Atlantic Railroad, and for other purposes. The General Assembly of Georgia do enact as follows: SECTION I. Be it enacted, That whenever the lessees of the Western and Atlantic Railroad shall desire, or whenever it is necessary to reach the patrons of said road, said lessees be, and they are hereby authorized, at their own expense, to build and construct side tracks across the lines of other roads, whenever such other roads occupy a part of such right-of-way of the Western and Atlantic Railroad. Authority to build side tracks. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Approved November 11, 1889. INCORPORATING THE WOODVILLE, PENFIELD AND OCONEE VALLEY RAILROAD COMPANY. No. 621. An Act to incorporate the Woodville, Penfield and Oconee Valley Railroad Company; to confer certain powers and privileges on said company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Luther J. Boswell, William J. Boswell, Charles M. Sanders, James D. Champion, Joseph O. Boswell, P. M. Cheney, R. E. Davidson, J. T. Colelough, W. O. Sanders, 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 Woodville, Penfield and Oconee

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Valley 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 town of Woodville, in Greene county, to or near Penfield, in same county, or to a point on the Oconee River, in same county, or to both Penfield and a point on the Oconee River, 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 purpose 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 examinations and surveys to be made of the proposed line between Woodville, Penfield and a point on the Oconee River as shall be necessary to the selection of the most advantageous route, and for that purpose are empowered to enter the land of any person; to acquire, by gift or purchase, real estate and other property for the construction, maintenance and accommodation of said railroad, and to hold and use such real estate and other property useful for the same, and for stations, wharves, docks, connections with other railroads, terminal facilities and all other accommodations necessary to accomplish the objects of this incorporation, and to lease, buy and mortgage all lands necessary for its use, or they may sell the same; to lay out its line of railroad on a right-of-way not more than two hundred feet in width, and for the purpose of cutting and filling, for obtaining gravel and material, to take as much land as may be necessary for proper construction and security of said railroad, and to remove trees and other obstructions on the right-of-way and road, making compensation therefor in the manner prescribed in the charter hereinafter adopted; to construct its railroad across, along and upon any water course, street, highway or canal, and 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

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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, for a distance of not more than two miles, to its freight or passenger depot, shops, etc., in any city, town or village through which said railroad may run; to take and convey persons and all manner of property over their railroad by the use of steam, or animals, or any mechanical power, and to receive compensation therefor, and to do all things necessary to a railroad business; to erect and maintain convenient buildings, wharves, docks, stations, fixtures and machinery, whether within or without a city, town or village, for the accommodation and use of passenger and freight business; to borrow such sums or sum of money at such rates of interest not contrary to law, and upon such terms as such company or its Board of Directors may agree upon and 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; Provided, that no gravel or other material outside of the right-of-way shall be taken without the consent of the owner and that no public road or street shall be taken without the consent of the county or municipal authorities, as the case may be. Surveys. Property rights. Right-of-way. To cross other roads Authority to negotiate loans. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be forty thousand dollars, with power, by a two-thirds vote of the stockholders, to increase the same to an amount not exceeding one hundred thousand dollars, and which shall be divided into shares of one hundred dollars each, and said company shall be authorized to commence work whenever five per cent. of the amount of capital stock subscribed shall have been paid in. Capital stock. Authorized to begin work. SEC. V. Be it further enacted by the authority aforesaid, That no certificate of stock shall be issued to any subscriber until the last payment for the full amount of stock subscribed has been paid. Stock certificates. SEC. VI. Be it further enacted by the authority aforesaid, That the Board of Directors of the Woodville, Penfield and Oconee Valley Railroad Company may construct a road of such gauge as its Board of Directors may determine. Gauge. SEC. VII. Be it further enacted by the authority aforesaid, That the Woodville, Penfield and Oconee Valley 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 29, 1885, except the right to run along any

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other railroad which the routes of this railroad shall intersect or touch, conveyed, in the third section of said Georgia Midland and Gulf Railroad charter, as fully and completely as if all of said rights, powers, privileges and immunities were herein enumerated, saving 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. Special privileges. 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 Woodville, Penfield and Oconee Valley Railroad Company shall be the same as those incorporated in the charter of the Georgia Midland and Gulf Railroad Company referred to above; Provided, that no property shall be taken or damaged without just and adequate compensation being first paid. Disputed right-of-way. Proviso. 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 November 11, 1889.

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CHANGING THE NAME OF THE WINTERVILLE AND PLEASANT HILL RAILROAD COMPANY. No. 632. An Act to ratify and confirm the Charter of the Winterville and Pleasant Hill Railroad Company, obtained by James M. Smith, R. A. Smith, James D. Power, W. W. Charlton, J. T. Smith and J. R. Patten, of Oglethorpe county, Georgia, and David W. Meadow, of Madison county, Georgia, on the sixth day of January, 1888, under the General Railroad Laws of this State, approved September 27th, 1881, and the Act amendatory thereof, approved September 28th, 1883, to ratify and confirm the actions of the Board of Directors of said railroad company, in surveying and laying out said railroad, obtaining the right-of-way for said railroad, and building, equipping and operating the same; to change the name of the place of holding the principal office of said company in this State from Pleasant Hill to Smithonia; to change the name and style of the Winterville and Pleasant Hill Railroad Company, to Smithonia and Dunlap Railroad Company; to grant to the said Smithonia and Dunlap Railroad Company all the rights, powers, privileges, immunities and franchises obtained by the said Winterville and Pleasant Hill Railroad Company, by virtue of said charter, under the General Railroad Law of this State, and the Act amendatory thereof as aforesaid, and for other purposes. WHEREAS, James M. Smith, R. A. Smith, James D. Power, W. W. Charlton, J. T. Smith and J. R. Patten, of the county of Oglethorpe, State of Georgia, and David W. Meadow, of the county of Madison, State of Georgia, did, on the sixth day of January, 1888, obtain a charter for the construction, equipping, maintaining and operating a railroad from a point at or near Winterville, on the Georgia Railroad, to a point at or near Pleasant Hill, in Oglethorpe county, Georgia, all in said Oglethorpe county, and did organize said company according to the provisions of said general law; and whereas, the said incorporators, under said charter and directors of said railroad company, have caused the survey 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.

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SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the said Charter, granted to the said James M. Smith, R. A. Smith, James D. Power, W. W. Charlton, J. T. Smith and J. R. Patten, of the county of Oglethorpe, said State, and David W. Meadow, of the county of Madison, said State, as incorporators and the directors of the said The Winterville and Pleasant Hill Railroad Company, under the terms of the Act establishing a general railroad law for the State of Georgia, approved September 27, 1881, and the Act amendatory thereof, approved September 28, 1883, be, and the same is hereby, ratified and confirmed, as if originally granted by the General Assembly of the State of Georgia. Original charter confirmed. SEC. II. Be it further enacted by the authority aforesaid, That the actions and doings of said incorporators and the directors of said Winterville and Pleasant Hill Railroad Company in surveying and laying out said railroad, and in building, equipping and operating the same, be, and the same are hereby, ratified and confirmed. Action of corporators confirmed. SEC. III. Be it further enacted by the authority aforesaid, That the name of the place at which the principal office of said railroad company in this State is held, be, and the same is hereby, changed from Pleasant Hill to Smithonia. Principal office. SEC. IV. Be it further enacted by the authority aforesaid, That the name and style of the Winterville and Pleasant Hill Railroad Company be, and the same is hereby, changed to the Smithonia and Dunlap Railroad Company, and that all the rights, powers, privileges, immunities and franchises obtained by the said Winterville and Pleasant Hill Railroad Company by virtue of said Charter, under the general railroad law of this State, and the said Act amendatory thereof, as aforesaid, be, and the same are hereby, granted, ratified and confirmed unto the said Smithonia and Dunlap Railroad Company, as if the same had been originally granted to the said Smithonia and Dunlap Railroad Company by the General Assembly of the State of Georgia; Provided, that nothing contained in this Act shall be so construed as to allow the condemnation of more than two miles of main line or side track of any other company; same to be condemned only when necessary or proper for said corporation to reach, with its railroad, its freight or passenger depot, or both, 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 encourage monopoly. Name of road changed. Proviso.

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SEC. V. Be it further enacted by the authority aforesaid, That all suits now pending in any court, in behalf of or against said railroad company, shall proceed as if the name had not been changed, and that said railroad company, under its new name of the Smithonia and Dunlap Railroad Company, shall receive all the benefits and assume all the liabilities arising out of such suit or suits, as if the same had originally been begun in the name of the Smithonia and Dunlap Railroad Company, and that said Smithonia and Dunlap Railroad Company shall assume all and singular the liabilities of the said Winterville and Pleasant Hill Railroad Company, and shall have, own and control all the rights, property, franchises, etc., heretofore of the said Winterville and Pleasant Hill Railroad Company. Suits now pending. SEC. VI. Be it further enacted by the authority aforesaid, That the present Board of Directors, the President thereof and all the officers of said Winterville and Pleasant Hill Railroad Company be, and the same are hereby authorized and empowered to remain the Board of Directors, President, and all such officers to the said railroad company under its new name, The Smithonia and Dunlap Railroad Company, and that the provisions of this entire Act go into force and take effect from the adoption of a resolution by the said Board of Directors of the said Winterville and Pleasant Hill Railroad Company accepting the terms of this Act and adopting the same, and the spreading of such resolution on the minutes of said company. President and Board of Directors. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. INCORPORATING THE ALBANY, FLORIDA AND NORTHERN RAILWAY COMPANY. No. 650. An Act to incorporate the Albany, Florida and Northern Railway Company, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That S. H. Hawkins, Nelson Tift, T. N. Woolfork, S. R. Weston, G. M. Byers, N. F. Tift, C. B. Wooten, S. B. Lewis, and their associates, successors and assigns, be, and they are hereby, incorporated

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under the name of the Albany, Florida and Northern Railway Company, and by that name shall have continuous succession as a corporation, with authority to pass all rules, regulations and by-laws for the government and management of said company and all its affairs by the said corporators, or a majority of them, for the first year, and subsequently by a Board of Directors of not less than five nor more than thirteen; said rules, regulations and by-laws not to be in conflict with the Constitution and laws of Georgia or of the United States. The said company shall have the same rights, powers and privileges as are usually granted to such corporations, and as have been granted to the Savannah, Florida and Western Railway Company. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That the capital stock of said company shall be such as the corporators or directors may deem necessary, not to exceed ten million dollars, to be divided into shares of one hundred dollars each, installments on which shall be called in as may be required to commence and continue the work. Subscribers for stock shall be liable for the full amount of stock subscribed by them only. Each share of stock shall be entitled to one vote in all meetings of stockholders. Capital stock. Liability of stockholders. SEC. III. Be it further enacted, That the said company is authorized to construct their railway from Albany, in Dougherty county, in these divisions: The Southwestern Division, to extend in or near the direction of Bainbridge, in Decatur county, to the Florida line; the Southeastern Division, to extend in or near the direction of Quitman, in Brooks county, to the Florida line; the Northern Division, to extend in or near the direction of Cordele, in Dooly county, and Augusta, in Richmond county, to the South Carolina line; each by the best selected routes, and with the privilege of such branch roads as to the said company may seem necessary; Provided, that such branch lines shall not be longer than twenty miles in length; and the said several divisions of the said railway, or any part thereof, may be built, equipped, operated, bonded, and may be leased to or consolidated with any other company, separately or together, as may be determined by said corporators or Board of Directors, or by a majority, in interest of the stockholders, at any regular meeting. Route. Proviso. SEC. IV. Be it further enacted, That nothing herein contained shall be so construed as to allow said company the right to dispose of any of the rights or franchises herein granted to any competitive company, or in any manner that would tend to defeat or lessen competition, and such disposal of these chartered privileges shall work, without judgment, a forfeiture of the same. This Charter

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shall become null and void if twenty miles of said road is not completed and ready for rolling stock in five years, and this Charter shall not be transferred until at least twenty miles of said road has been thus completed. Forfeiture of charter. 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 November 11, 1889. INCORPORATING THE CHATTANOOGA AND GULF RAILROAD COMPANY. No. 659. An Act to incorporate the Chattanooga and Gulf Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That M. H. Ward, J. C. Henderson, B. F. Thurman, R. M. W. Glenn, J. B. McCollum, S. E. Jones and G. W. M. Tatum, and their associates, and such other persons as may become stockholders in said company, be, and they are hereby, created a body corporate, under the name and style of the Chattanooga and Gulf 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. SEC. II. Be it further enacted, That said company, by its Board of Directors, may make such rules and by-laws for the management of the business of said company as are reasonable and just, and not inconsistent with the Constitution and laws of this State and of the United States. Rules and regulations SEC. III. Be it further enacted, That the capital stock of said company shall be one million dollars, to be divided into shares of one hundred dollars each; and books for the subscription of said capital stock shall be opened by the incorporators under this Act, or a majority of them, at such times and places in this State as may be agreed upon by said corporators, or a majority thereof. Capital stock. Books of subscription. SEC. IV. Be it further enacted, That said company shall have power and authority to survey out, construct and equip and use a railroad of such gauge as they may elect, from a point on the line between the States of Tennessee and Georgia, in the county of Walker, within five miles of the corporate limits of the city of

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Chattanooga, Tennessee, through the counties of Walker and Chattooga, to a point on the line between Georgia and Alabama, near Alpine, Georgia, and by and upon such route as they may choose or adopt, and use and enjoy the same, and to charge for the transportation of passengers and freight such rates as may be just, reasonable and legal; Provided, said railroad company shall obtain from the county authorities permission to run on any public road before they shall be authorized to run on any public road in any county in which said road shall pass, and shall also obtain from the city authorities permission to run on any street in any city in which said railroad shall run before they are authorized to do so. Route. Proviso. SEC. V. Be it further enacted, That when the sum of fifty thousand dollars shall have been bona fide subscribed to the capital stock of said company, it shall be the duty of the corporators, or a majority of them, to call a meeting of the stockholders at such place as may be agreed on by them, of which meeting ten days' written notice shall be given to the stockholders; at which meeting the stockholders shall elect seven directors to manage the affairs of said company, and the directors so elected shall elect one of their number as President of said company. No person shall be elected a director who is not a stockholder, and at all elections a majority of stock subscribed shall be represented in person or by written proxy. Each stockholder shall be entitled to one vote for each share owned by him or her. Said directors shall fill all vacancies occurring in their body until the next meeting of the stockholders, and shall appoint subordinate officers and agents as they find necessary, and fix their salaries. Authority to organize. Directors and President. SEC. VI. Be it further enacted, That said company shall have the power, so soon as fifty thousand dollars is subscribed, to call the same in, in such installments as the board may direct, and to collect the same by suit or otherwise, and to commence the building of said road as soon as said amount of stock is subscribed. That so soon as any stockholder has paid the full amount of stock subscribed for by him or her, it shall be the duty of the company to issue to him or her a certificate of stock, which said certificate shall be signed by the President, and countersigned by the Secretary, with the seal of the company attached; and such stock may be transferred on the book of the company by the owner thereof, or by his or her attorney in fact, appointed for that purpose. Said company shall have power to receive as a gift, and to purchase, all such real and personal property as may be necessary for the use of said company for constructing said railroad, and such depots, side tracks and turnouts as may be necessary. Authority to commence work. Transfer of stock.

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SEC. VII. Be it further enacted, That in the event said company and the owners of any land through which said company desires to build its road (whether said land be in the hands of the owner, or a trustee, executor, or administrator, or guardian) cannot agree upon the price to be paid therefor, then either party may apply to the Sheriff of the county in which said land lies to summons 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 its account the benefits accruing to said land by reason of the building of said road; but in no case shall the jury give less damages than the actual value of the land taken. The moving party shall in all cases give to the opposite party ten days' notice of the time and place of trial; and either party shall have the right to enter an appeal to the next Superior Court of the county by compliance with the law in relation to appeals to the Superior Court. The Sheriff shall have the sum of five dollars for summoning said jury and attending trial, and the jurors shall have the sum of one dollar each for every day they serve, and the witnesses seventy-five eents each per day, to be paid by said railroad company; and the Sheriff shall have power to swear the jury and witnesses in all such cases; and when the assessments so made shall be paid, then the land shall vest in the company. Disputed right-of-way. Assessors. Appeal. Fees of Sheriff and jurors. SEC. VIII. Be it further enacted, That said company shall have the right to take for its right-of-way a strip of land not exceeding two hundred feet wide, and shall have the right to buy and sell also such real estate as they desire. Said company shall have the power to issue bonds in such amount as they desire, and may mortgage all their railroad, its right-of-way, rolling stock and franchise for the purpose of securing its bonds, and may issue its notes to creditors. Right-of-way. Bonds. SEC. IX. Be it further enacted, That the stockholders shall be liable for the debts of said company to the extent of their unpaid stock, and no further. Liability of stockholders. SEC. X. Be it further enacted, That said railroad company shall have the right to purchase any other railroad in this State, and all of its property, and to consolidate with any other railroad, or connect with any other charter granted or to be granted in the State of Tennessee, and of the State of Alabama, for the purpose of continuing their line of railroad to any point desired. Special Privileges. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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PROVIDING FOR THE LEASE OF THE WESTERN AND ATLANTIC RAILROAD. No. 660. An Act to provide for the Lease of the Western and Atlantic Railroad; to define the rights, powers, liability and duty of the Lessee, and for other purposes therewith connected. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Governor of the State be, and he is hereby authorized to lease the Western and Atlantic Railroad, together with all its houses, workshops, rolling stock, depots and appurtenances of every kind and character, to a company or corporation, or to any party or parties who shall give good and sufficient security, as hereinafter provided for. The said lease to take effect and become operative from and after the expiration of the present lease, upon the following terms, and according to the following provisions: The said lease to be for a term of not less than twenty years, and for a sum of not less than thirty-five thousand dollars per month. Or, for a term of not less than thirty years, and for a sum of not less than forty thousand dollars per month. Or, for a term of fifty years, and for a sum of not less than forty-five thousand dollars per month, the rental to be paid monthly into the Treasury of the State, for the use of the State. Governor authorized to lease. Terms of lease. SEC. II. Be it further enacted, That the Governor shall advertise for four weeks weekly, (immediately preceding the 27th of June, 1890), in such newspapers in the State of Georgia as he may designate, the number not to exceed four, and also one leading newspaper in each of the following cities: Chicago, Ill., Cincinnati, Ohio, New York, N. Y., such advertisement to be a definite proposal for bids as authorized by this Lease Act for the lease of the Western and Atlantic Railroad and other property in this Act referred to. Advertisement for bids. SEC. III. Be it further enacted, That all bids for the lease of said road shall be submitted in writing to the Governor of this State on or before the 27th day of June, 1890, and accompanied by a certified check for twenty-five thousand dollars on some good and solvent bank in this State, as a guarantee of the good faith of the bidder, to be forfeited to the State if the bid is accepted by the State and the terms thereof shall not be complied with by the bidder. And the Governor, Comptroller-General, Secretary of State,

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Treasurer and Attorney-General, or a majority of them, within three days after the expiration of the time allowed for the reception of bids, shall open and examine said bids in the presence of the public and the bidders or their representatives who may be present; and the Governor shall give due notice of the time and place of such opening and examination of the bids by publishing the same in daily newspapers in the city of Atlanta one time, and determine which shall be accepted, with the right to reject any and all bids; and in accepting bids, everything else being equal, the highest and best bidder for the longest term shall be accepted. In the event all bids are rejected, then the Governor shall, in ten days thereafter, re-advertise the road under the same terms and conditions. In case the bidder accepted by the State shall fail to comply with his bid and take the road it shall be re-advertised, and the bidder shall be liable to the State for whatever damages may result to the State from his failure to comply with his bid in addition to the twentyfive thousand dollars forfeited under this section; Provided, that no price less than that named in section one for the several terms shall be accepted. Deposit required from bidders. Opening bids. In case all bids are rejected. Proviso. SEC. IV. Be it further enacted, That any contract of lease entered into under this Act, shall be drawn and prepared by the Attorney-General of this State, signed in duplicate by the parties leasing said road, and the Governor of the State. And within twenty days after the acceptance of the bid, the successful bidder shall execute the contract required and make the deposit of bonds with the Treasurer, to which bonds he shall have access for the purpose of drawing the interest thereon. Contract must be written by Attorney-General. SEC. V. Be it further enacted, That said lessees shall deposit with the Treasurer of the State recognized valid bonds of the State of Georgia, or of the United States, of the par value of five hundred thousand dollars, and should said bonds, at any time, depreciate in value below their par value, or be reduced in payment of penalty in the nature of forfeiture, said lessees shall, within thirty days, make good said deposit on being notified thereof by the Governor, by the deposit of other bonds of like kind as above, so that bonds of the par and market value of five hundred thousand dollars shall at all times be deposited with the Treasurer as aforesaid, and in default thereof the Governor may, in his discretion, declare said lease forfeited, with all the incidents of forfeiture herein provided. It shall be the duty of the Governor and Treasurer from time to time to enquire into the value of said bonds so deposited and report the same to each session of the Legislature, and said bonds shall be held as collateral security by the State for the faithful

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performance of all the terms, obligations and contracts of the lessees under said lease. Deposit of bonds required from lessees. Value of bonds must be reported to Legislature SEC. VI. Be it further enacted, That the bonds deposited under the requirements of the 4th section shall be regarded merely as collateral security for the faithful performance by the lessee of the terms of the lease contract, and shall not be held as exhaustive of other rights of the State as lessor. And after said bonds have been applied, in whole or part, as damage penalty or forfeiture for any act done, or omitted to be done, or any violation of the terms of the lease as herein provided, the original party to the lease, whether corporation, person or persons, as well as the company chartered hereby as Western and Atlantic Railroad Company, shall be liable further to the State of Georgia for any damage caused the State by any breach or forfeiture under said contract of this Act. In addition to the deposit as security required by the terms of this Act, and the personal and corporate liability imposed by the terms of this Act, the Legislature may at any time require the lessee or lessees to enter into bond with good security, to be approved by the Governor and Attorney-General, in such sum, not to exceed five hundred thousand dollars, as the Legislature may deem necessary to fully protect the interest of the State. Collateral security. Additional security. SEC. VII. Be it further enacted, That when the road is leased under the provisions of this Act, it shall be, and is hereby, distinctly provided that all improvements, betterments or ameliorations, whatever, shall be made at the expense of the lessee or lessees, and no claim for such will ever be entertained or allowed by the State. All attachments to the realty shall be considered permanent. It is also distinctly provided that the lessee or lessees shall, at all times, keep the said road in the condition of first-class roads in Georgia, safely and expeditiously to carry on the business of said road. The Governor of the State shall have the power to appoint a Board of Examiners, to consist of three, and the Board of Examiners so appointed shall have the power to subp[oelig]na witnesses and examine them, and also the power to require the production of books, contracts, and any and all kinds of writings that may throw light or information upon the subject matter or matters under investigation. And if, by report of the examiners appointed by the State's authorities, it shall appear that the lessee or lessees have permitted said road to be reduced to a condition below the first-class roads of this State, or any of said property has been lost, consumed or permanently removed from the State, the lessee or lessees shall be liable for such depreciation, or deterioration, or loss, comsumption or removal, and the Governor of the State shall apply a sufficiency of

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the bonds deposited as security to restore said road to its condition at the date of the aforesaid previous examination. Provided, that before proceeding under and by virtue of any report of said examiners, to apply any of the bonds deposited by said company as security, the Governor shall cause a copy of such report to be delivered to the President, or some other officer of said company, and the company shall have ten days from the receipt of such copy within which to file objections to said report with the Governor. And upon such objections being filed, the Governor and the company shall appoint two men each, and these four shall appoint a fifth man, all of said men to be railroad experts, and none of them connected with said railroad, nor with any railroad interested therein, and said five men so selected as aforesaid, shall constitute a board of arbitration, who shall examine the matters referred to in the report and exceptions, and shall make up an award, which shall be final and conclusive in the premises. And it shall be the duty of said lessees, on or before the first day of October of each and every year, to make and file with the Governor of this State an official report of the condition of said Western and Atlantic Railroad, and all the property connected therewith, which report shall contain and set forth the following facts: What improvements have been made by the lessees, or additions made to the track, bridges, depot buildings or side-tracks; what rolling stock has been purchased by said road; the amounts received from passengers and freights; the expenses incurred in the operating of said road; the amount of freight carried over said railroad and the rates charged for the same, and any and all other facts necessary to the furnishing complete information of the condition and operations of said railroad for each year during said lease. Betterments. Board of Examiners Lessees liable for deterioration in value. Proviso. Board of arbitration. Official report as to condition of property SEC. VIII. Be it further enacted, That the Governor shall appoint five citizens of this State, of high character, two of whom are experts in railroad management, who, after making oath that they are neither directly or personally connected or interested in the present or future lease of said road, except as citizens of this State, shall proceed, sixty days before the expiration of the present lease, to examine the road and its houses, workshops, depots and rolling stock, and all other appurtenances, of every character, and shall make out, in writing, a schedule or inventory of the same, carefully describing and setting forth the true condition of the road and its rolling stock and appurtenances, and property of every character, with the value thereof, which shall be recorded in the office of the Secretary of State, and filed in the Executive office, and a copy furnished the lessees under this Act; and as soon as the

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terms of the lease are agreed upon between the Governor and lessee or lessees, and the name or names of the company, or corporation, or parties leasing the road and its appurtenances, has been entered on the minutes of the Executive Department as the persons or corporations proposing to take said lease, and the acceptance of the proposition by the Governor shall also have been recorded, and a receipt given to the State by the lessees under this Act for all the property turned over to them, the persons, associations or corporations accepted as lessees under this Act, if not already a corporation created under the laws of Georgia, shall, from the time of such acceptance, and, until after the final adjustment of all matters springing out of this lease contract, become a body politic and corporate under the laws of this State, under the name and style of the Western and Atlantic Railroad Company, which body corporate shall be operated only from the time of their taking possession of said road as lessees; and it shall have the power to sue and be sued, on all contracts made by said company, in any county through which the road runs, after the execution of said lease, or for any cause of action which may accrue to said company, and to which it may become liable. After said lease is executed, it shall have power to make all rales, by-laws and regulations for the government of said company, and for the working and management of said road, which are necessary and usual with railroad companies in this State, and which are not in conflict with the Constitution and laws of this State or the United States. The principal office and place of business of said company shall be in this State; Provided, that nothing in this Act shall be construed as an amendment of the charter of any corporation which may lease said road; Provided, further, that if said lessee is a corporation already incorporated under the laws of Georgia, it shall operate said railroad as the Western and Atlantic Railroad, and such lessee may be sued on any contract or cause of action arising out of said lease for the operation of said road, in any county through which said road runs. Inventory to be made before present lease expires. Lessees to become a corporate body. General powers. Principal office. Corporate name. SEC. IX. Be it further enacted, That said lease company shall be subject to, and required to observe and obey all just and reasonable rules, orders, schedules of freight and passenger tariffs as may be prescribed by the laws of this State and the Railroad Commission of this State; and said lease company shall charge no greater rate per ton per mile on through freight on said railroad than the local rate allowed and fixed on similar freights by the Railroad Commission for said railroad; and said company shall not discriminate against any railroad company or persons or parties or places having

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business connections or relations with said Western and Atlantic Railroad, but all schedules of freight and passenger tariffs shall be so arranged as to give all connecting roads and all places and persons having business relations with said road a fair and equal chance, doing equal justice between them in everything connected with the management of said road; and that said lease company shall have the exemptions, privileges, immunities, rights and guarantees, and shall be subject to the same laws, liabilities, disabilities and public burdens on other railroad companies in this State and no more, in all cases where this Act is silent and has made no provision on this subject. And it is further enacted, that the State pledges her faith to redeem all bonds on said road which have been issued by the State and now recognized by the State and on which interest is now being paid, together with all interest coupons as they fall due, and to save the lessees harmless against said bonds and coupons. Freight and passenger traffic. Bonds. SEC. X. Be it further enacted, That the said lease shall in no way interfere with the contract now existing between the State and the present lessees; and the lessees under this Act shall receive the road-bed in its condition at the time the lease contract is made, ordinary and natural wear and tear until the expiration of the present lease excepted; and the Governor shall appoint three expert railroad men, not connected with the lease company or any corporation having shares therein, whose duty it shall be to examine the road-bed and its appurtenances within ten days prior to the opening of the bids, and make a full and complete report of the condition of the same to the Governor, to be filed in the office of the Secretary of State, which report shall be taken as the true condition of the road at that time. In the event the road is re-advertised for lease, a like examination and report shall be made prior to the opening of the bids, together with that part of the personalty received by the lessees, except old iron, not in use, wood and crossties, and material in car-shops and machine-shops, and which is shown by the inventory of file in the Secretary of State's office, taken under the lease Act of 1870, and supplementary inventory of 1872, subject to the right of the present lessees, at option, to deliver the property therein specified, if in as good condition as when received, or property of like kind and character, in a like condition, or of increased capacity, or upon failure to do so, then to account for the full value of the same in money. The money so received shall be reinvested in engines or cars by said lessees, acting with the concurrence of a competent and disinterested railroad expert, to be appointed by the Governor. Said property so purchased shall belong

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to the State, subject to the provisions of the lease, and an inventory of the same, signed by the lessees and the said railroad expert, shall be filed with the Secretary of State; Provided, that the State shall not be bound, nor the rights of the State limited, by any statements or conclusions made in said report of said arbitration, of date December 19, 1872. In case the lessee or lessees under this Act shall fail or refuse to pay whatever sum may be agreed upon according to the provisions of this Act as a monthly rental into the Treasury of the State within twenty days after the end of the month, the lessee or lessees shall forfeit to the State six months' rental as damages, to be collected out of the bonds deposited under this Act. For failing or refusing to comply with said lease contract, the Governor, at his option, may declare the lease forfeited, and take immediate possession of said road and its appurtenances; and if any resistance is offered by the lessee or lessees, it shall be the duty of the Sheriffs of all the counties in this State through which said railroad runs to aid the Governor with the posse cometatus of their respective counties to take the possession, and expel the lessee or lessees who have failed or refused to make payments when due, as aforesaid; and in ten days after he has terminated the lease and taken possession of the road for the State, the Governor shall apply the remaining bonds deposited as damages on account of the forfeiture as far as the same may go. Existing contract. Report as to condition of road. In event the road is re-advertised. Proviso. Damages for failure to pay monthly rental. Forfeiture of lease. SEC. XI. Be it further enacted, That said lessee or lessees shall be required to pay all taxes and assessments upon the property of this State in the State of Tennessee, and in Georgia upon all property owned or controlled by them, not received from the State, and such further taxes upon their income as is now paid by the Central Railroad and Banking Company, and shall not sub-let said road, or any part thereof, to any other company, corporation or party. Provided, the lessees may sub-let any property not needed for railroad purposes; Provided, that in the opinion of the Attorney-General this can be done without invalidating the State's title thereto; and all improvements put on said property by the lessees or their tenants shall belong to the State at the expiration of said lease. Taxes. Proviso as to sub-letting. SEC. XII. Be it further enacted, That all payments required to be made under said lease shall be made in gold, or its equivalent. The railroad shops of the Western and Atlantic Railroad shall not be removed beyond the State of Georgia, and the principal office of the Western and Atlantic Railroad shall be within the limits of the State of Georgia. Payments of rent. Principal office.

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SEC. XIII. Be it further enacted, That in the event of a failure to lease the Western and Atlantic Railroad, or in the event of a forfeiture of the lease at any time, the Governor shall operate said road under the provisions of the laws of this State until a lease can be made under this or any subsequent Act of the Legislature. Governor to operate the road in case of forfeiture of lease. 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 November 12, 1889. AMENDING THE CHARTER OF THE GRIFFIN, LAGRANGE AND WESTERN RAILROAD. No. 669. An Act to amend an Act, approved December 27th, 1886, to incorporate the Griffin, LaGrange and Western Railroad and the Act amendatory thereof, approved September 24th, 1887, and for other purposes. SECTION I. Be it enacted by the General Assembly, That section two of the amendatory Act above cited, approved September 24th, 1887, be amended by striking out the words, and also under the provisions of the General Laws of Georgia, in the tenth and eleventh lines of the published Acts of 1887. Also, that said section two be further amended by striking out the last proviso beginning with words and provided in sixteenth line of printed Acts of 1887, to end of said section two, and inserting in lieu thereof the words: and provided further, that said railroad in building its branch line to Savannah shall be in its general direction and location at least ten miles from any railroad already constructed or in process of construction, between said points, except within ten miles of either terminus, so that said section, when amended, shall read as follows: Section 2. Be it enacted by the General Assembly of the State of Georgia, That the right and power to locate, lay out, construct, equip and operate a branch road from Greenville, Georgia, a point on its main line, to the city of Savannah, Georgia, through the counties of Meriwether, Pike, Upson, Monroe and Bibb, to the city of Macon, thence through the counties of Bibb, Twiggs, Wilkinson, Laurens, Montgomery, Emanuel, Bulloch, Tatnall, Bryan and Chatham, to the city of Savannah, which said company has obtained under section fifteen of the charter granted said Griffin, LaGrange

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and Western Railroad Company, be and the same is hereby ratified, confirmed and adopted and is made a part of this charter. Provided, that said branch road in the part of its road between Greenville and Macon shall not run within ten miles of the line of any other railroad already constructed or in process of construction, between Greenville and Macon, except within ten miles of either terminal; and, provided further, that said railroad in building its branch line to Savannah, shall be in its general direction and location, at least ten miles from any railroad already constructed or in process of construction between said points, except within ten miles of either terminus. Amends original charter. Branch road. Proviso. Proviso. SEC. II. Be it further enacted, That section 4 of said amendatory Act be amended as follows, to-wit: By striking out the words as are granted in the original charter of the Griffin, LaGrange and Western Railroad Company, and inserting in lieu thereof as are granted under the general railroad laws of Georgia to railroads organized under said laws, so that the said section shall read: Section 4. Be it further enacted by the General Assembly of Georgia, That said railroad company shall have the same rights to acquire by purchase, gift or condemnation any and all lands that may be necessary for the construction of its branch roads, depots, warehouses, wharves and such terminal facilities as may be necessary for the operation of said roads, and to connect the same with vessels in the Savannah River, to be run as hereafter provided, as are granted under the general railroad laws of Georgia to railroads organized under said laws. Property rights and privileges. SEC. III. Be it further enacted, That section 15 of the original Act be amended by adding the following proviso: Provided, that the extensions or branch roads authorized in this section shall never exceed forty miles distance from the point at which they start from the main line. Length of branch roads. SEC. IV. Be it further enacted, That section 12 of the original Act be amended by adding after the word road the following words: with road of any other railroad corporation, chartered on parts of its through line so as to form one continuous line, or, so that the said section shall read: Section 12. 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 road of any other railroad corporations chartered on parts of its through line so as to form one continuous line, or with any road incorporated under the laws of Georgia, Alabama or Tennessee, or any other States, or of the United States, and upon such terms as may be agreed upon by the companies

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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 tend to have the effect of lessening or defeating competition or encouraging monopoly. Amends section 12 of the charter. Authority to consolidate. Proviso. SEC. V. Be it further enacted, That the original Act be further amended by striking entire from the same section 18, as follows, to-wit: Section 18. Be it further enacted, That the charter heretofore obtained by the said railroad company, under and by virtue of the general laws of this State, be, and the same is hereby, ratified, confirmed and adopted, and is hereby, with all the provisions and privileges therein, made part of this charter, except in so far as any of the 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 arbitration condemning right-of-way. Amends section 18. Pending an appeal from decision of arbitrators. SEC. VI. Be it further enacted, That the proviso at the end of section 7 of the original Act be amended by adding twice in the same the words running between the same places, so that said proviso shall read: Provided, the line of this road shall not run within ten miles of any other railroad running between the same places; 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 the 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 any other railroad running between the same places; Provided, that said company shall not have the right to condemn any land except for right-of-way, depot and terminal facilities, for which said company shall first pay reasonable compensation; Provided, also, that said company shall not have the right to take or use any public street or road without the consent of the county or municipal authorities, as the case may be. Proviso as to running line at least ten miles from other roads. 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 November 12, 1889.

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INCORPORATING THE OOSTANAULA AND COOSAWATEE RAILWAY COMPANY. No. 676. An Act to incorporate the Oostanaula and Coosawatee Railway Company, and to authorize said company to build and operate its road from the city of Rome, Georgia, or from some point on the East Tennessee, Virginia and Georgia Railroad, north of Rome, and south of Oostanaula River, by the town of Calhoun, Gordon county, and by or near Carters in Murray county to the town of Ellijay in Gilmer county, in this State; to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That for the purpose of constructing a railroad as set forth in this Act, J. W. Rounsaville, R. G. Clark, B. T. Gray, R. W. Thornton, W. C. Carter, E. W. Watkins and J. C. Allen, their associates and assigns, be, and they are hereby declared to be a body corporate and politic by the name and style of the Oostanaula and Coosawatee Railway company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase, receive, have, hold use and possess and enjoy real and personal property which they may deem necessary and 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 railway company shall be divided into shares of twenty-five ($25) dollars each, and shall not exceed the sum of one million ($1,000,000) dollars. Capital stock. SEC. III. Be it further enacted, That said company be authorized to build, equip and operate a railway from the city of Rome, in Floyd county, or from some point on the East Tennessee, Virginia and Georgia Railroad, north of Rome and south of Oostanaula river, by the town of Calhoun, in Gordon county, and by or near Carters, in Murray county, to Ellijay, in Gilmer county, in this State, by the nearest and most practicable route between the points named, and on the south side of said Oostanaula and Coosawatee rivers. Said company shall have the right to take, hold and use for the purposes herein named, and within and according to the provisions of this Act, such land, not exceeding one hundred feet in width, (and such additional land as may be necessary in making and maintaining cuts and fills along the line of said railway) as may be necessary for its right-of-way, sidings, depots, etc.; to cross other

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railroads at grade-points by suitable sidings and switches, and to connect with other railroads and railways upon such terms and conditions as may be agreed upon with the owners of such roads, or in the manner and according to the provisions herein provided for in this Act. Route. Right-of-way. SEC. IV. Be it further enacted, That in all cases where a question of right-of-way over the lands of another, or crossing or making connection with other railroads or railways of others, may arise, and said company and the owners fail to agree, the matter in controversy shall be submitted to arbitration, under the law regulating arbitration in the Code of Georgia; but if either party shall fail or refuse to choose an arbitrator, the Ordinary of the county where such land lies, or railway connection is sought, shall make a choice for such party; the two arbitrators thus chosen shall choose a third, who shall personally examine the matter in controversy, hear evidence if offered, and make an award in writing, which shall be filed in the Clerk's office of the Superior Court of the county where the matter of controversy exists, and which award shall be final unless attacked in the manner and upon the ground prescribed in the Code. If the award is set aside, the cause shall remain in court, and an issue shall be formed and tried as though the cause had been originally brought in the court; Provided, no land or other property, or railway crossing or connection condemned under the provisions of this section, shall be taken, used or occupied by said company until the cause in court shall be determined, and the compensation allowed has been paid to the owner or owners thereof. Disputed right-of-way. Arbitrators Award. Proviso. SEC. V. Be it further enacted, That said company or a majority of them, shall be ex-officio directors with all the powers and privileges of directors until an election for directors is held, as provided in this Act. Provisional Directors. SEC. VI. Be it further enacted, That when twenty-five thousand dollars is subscribed to the capital stock of said railway company, the said corporators are authorized to assess and collect ten per cent. thereof; to make preliminary surveys; get estimates of cost of construction; secure by gift or otherwise rights-of-way, and water, timber and stone privileges, and all other things germain to the construction and operation of a railway; to contract loans, borrow money, mortgage its property, real and personal, and the franchise, and do any and every act in furtherance of the building of said railway they may deem necessary, not inconsistent with the laws of Georgia; to enact all by-laws, rules and regulations consistent with the general law governing railroads, as provided in the Georgia

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Code of 1882, and to have and enjoy all such rights and privileges and immunities as by law belong to corporate bodies. Authorized to commence work. General powers. SEC. VII. Be it further enacted, That when ten per cent. upon twenty-five thousand dollars subscribed stock has been paid to the corporators named in this Act, then it shall be their duty, or a majority of them, by publication in a newspaper published in the town of Calhoun, as aforesaid, to call a meeting of the stockholders, or subscribers to the capital stock of said company, and to be advertised weekly for four weeks, and to be held in said town of Calhoun, for the purpose of electing seven directors. Each stockholder shall vote upon the number of shares held, either in person or by proxy, in writing, and all succeeding elections, shall be in the same manner, and annual, or as may be otherwise ordered by the Board of Directors. Election of Board of Directors. SEC. VIII. Be it further enacted, That the said directors shall shall have a President, Secretary and Treasurer, and a majority shall constitute a quorum, and shall have all the rights, powers and privileges of the corporators named in this Act, and shall receive and take charge of all the books and papers of the corporators, and have as full and complete management of said railway as to them and their successors, as though they were the incorporators named in this Act, and the said directors and their successors are hereby declared to be a body corporate and politic under the name and style of the Oostanaula and Coosawattee Railway Company. Officers. Their duties and powers. SEC. IX. Be it further enacted, That said railway company shall not have the right to make any sale of said road, or consolidate with any other railroad company with the view or the effect of which would be to lessen competition or encourage monopoly, but shall in good faith work for the building of the road; Provided, That no public road or street shall be taken without the consent of the county or municipal authorities, as the case may be. Prohibits consolidation with other roads. SEC. X. Be it further enacted, That the franchise and title to said railway shall not pass from the corporators or their successors until ten miles of road is built and equipped, as provided in this charter; and the same shall be done within five years from the grant of this charter, else it shall be declared void as to the charter; but in no event shall the private property of the corporators or the directors, as successors, be liable beyond their unpaid subscription for any debts of the corporation, unless so expressed in writing. Forfeiture of charter. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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INCORPORATING THE ABBEVILLE AND WAYCROSS RAILROAD COMPANY. No. 677. An Act to incorporate the Abbeville and Waycross Railroad Company; to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. D. Maynard, S. D. Walker, D. F. McCrimman, S. P. Lasseter, A. K. Fisher and Walter R. Clements, and such others as they may hereafter associate with them, who shall all be stockholders, and their successors and assigns, be, and the same are hereby, created a body politic and corporate, with the name of The Abbeville and Waycross Railroad Company, with power, under said name, to sue and be sued in the courts of law and equity in this State; to have and use a corporate seal; to hold property, both real and personal, own, use and enjoy the same for such uses as may be necessary to and will advance the interests of said company; together with such other powers as are herein conferred, as well as those which by the laws of this State are conferred generally on incorporations doing business in this State. 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 and equip, as well as maintain and operate, a railroad from the city of Abbeville, in the county of Wileox, to Waycross, in the county of Ware, and passing through the counties of Wilcox, Irwin, Coffee and Ware, in said State. Route. SEC. III. Be it further enacted by the authority aforesaid, That for the purpose of surveying, constructing, maintaining and operating said railroad, the said company is empowered to cause such examinations and surveys to be made of the proposed line between Waycross and Abbeville as shall be necessary to the selection of the most practicable route between said points, and for that purpose are empowered to enter the lands of any person, to acquire by gift or purchase real estate or other property for the construction, maintenance, operation and accommodation of said railroad, and to hold and use real estate and other property useful for the same and for stations, connecting 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 railway not

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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 security and construction of said railroad, and to move all obstructions on the right-of-way of said railroad, making compensation for the same in the manner hereinafter prescribed; to cross, intersect, join or unite its railroad with any other railroad heretofore or hereafter constructed at any point in its route; to take and convey persons and all manner of property over their road by use of steam or any other motive power, and to receive compensation therefor; and to do all things necessary to a railroad business; to erect and maintain convenient buildings, stations, fixtures and machinery, whether within or without a city, town or village, for the use and accommodation of passengers or freight business; to borrow such sum or sums of money at such rates of interest not contrary to law, and upon such terms as such company or its Board of Directors may agree upon and may deem necessary and expedient, and may execute one or more trust deeds or mortgages, one or both, as occasion may require, on its railroad or other property to secure the same. Surveys. Right-of-way. Special privileges. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be one hundred thousand dollars, divided into shares of one hundred dollars each, with power, by two-thirds vote of the stockholders, to increase the said capital stock to an amount not exceeding one million dollars; and said company shall be authorized to commence work when ten per cent. of said capital stock shall have been paid in. Capital stock. SEC. V. Be it further enacted by the authority aforesaid, That the books of subscription of said company may be opened by the Board of Directors at either terminus, and subscriptions to the capital stock of said company may be made in the form of a general contract or promissory notes or other form as may be selected, or paid in in cash under the direction of the Board of Directors, and certificates of stock shall be issued to the person paying on the basis of one share for every hundred dollars so paid, but no certificate shall be issued for less than one share; that all subscriptions made to the capital stock shall be payable in such installments as shall be agreed upon, and if any stockholder shall refuse or neglect to pay any installment that may be called for within sixty days after the same shall have become due and notice given as hereinafter provided for; at the election of the Board of Directors such stock, with all payments made thereon previous to said call, shall be forfeited to said company; Provided, such forfeiture is authorized by the by-laws of

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said company, or they may have a right of action to recover any such installments as may be called in said subscription of stock. Books of subscription. Payment of subscriptions. Proviso. SEC. VI. Be it further enacted by the authority aforesaid, That when said company and any person or corporation through or on whose lands it is desired said railroad shall be located and constructed, and depot buildings, shops, stations and other appurtenances are desired to be 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 lands belonging to other persons or corporations, and across the right-of-way of other railroads, upon paying to the owners thereof, or to his or their authorized representatives, just and reasonable compensation for the right-of-way or needed lands, which compensation, when not agreed on, shall be fixed and determined in the manner presoribed in section 1689 of the Code of Georgia of 1882. 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 Abbeville, in the county of Wilcox, but the Board of Directors may cause the same to be changed to any point on said road by giving thirty days' notice of such change in a newspaper published in the city of Abbeville, after such change has been approved by a majority of all the stockholders. Principal office. SEC. VIII. Be it further enacted by the authority aforesaid, That said railroad company shall have power to make and issue bonds to such amount, in such denominations and at such a rate of interest, not exceeding seven per cent. per annum, and payable at such times and places as it may deem expedient, and to secure the payment of principal and interest of such bonds by mortgages or deeds of trust of its railroad, real and personal property, franchises and all other rights of property; also, to make and issue preferred stock, and give preferences in the payment of dividends, as may best subserve the purposes and interests of said company. Authorized to issue bonds. 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 eight directors, who shall be elected annually by the stockholders. The first election for directors of said company shall be held by the stockholders at such time and place in the county of Wilcox, and State aforesaid, as shall be agreed upon by a majority of the stockholders, after having advertised the same for four weeks in a newspaper published in the city of Abbeville. In all meetings of the stockholders, each stockholder shall be entitled to as many votes as the shares owned by him or her. All elections shall be by

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ballot, and the votes cast in person, or by proxy, duly given in writing. The Board of Directors shall have power to fill all vacancies which may occur in said board between the annual elections by the stockholders. Board of Directors. SEC. X. Be it further enacted by the authority aforesaid, That the first, and all future Boards of Directors, shall elect from their number a President of said railroad company, and shall have power to elect or appoint such other officers, agents or employes as they may deem necessary and proper to carry on the business of said company. The President and Board of Directors shall have power to conduct and control all the business and affairs of said company, except as to matters expressly ordered otherwise by the stockholders; to make all contracts; fix all salaries; call in and demand payments of subscriptions in installments, or as they may deem proper. 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 a newspaper published in the said city of Abbeville, such stock, with all payments made thereon, shall be forfeited to said company, but the recovery by action of any installments 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 dividents, but the stockholders shall have power to regulate and limit the powers of the board, and modify and change the by-laws. President and other officers. Forfeiture of stock. SEC. XI. Be it further enacted by the authority aforesaid, That the stock in said company shall be transferable only on the books of said company, under regulations to be prescribed in the by-laws, but no share shall be transferred until the sum of one hundred dollars shall have been paid therefor to the company. Transfer 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 stock subscribed for by him or her until such stockholder shall have paid out of his private property debts of said railroad company equal to his unpaid subscription, and not otherwise. Liability of stockholders. SEC. XIII. 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; Provided, that the corporate powers and privileges herein granted shall lapse and become void and of no effect, without a judgment of forfeiture, unless ten miles of said railroad shall be built, equipped and in operation within five years from the approval of this Act; and any transfer of the rights and franchises herein granted, before ten miles of said railroad shall

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have been built, equipped and in operation, shall be void; Provided, that in the event said company shall sell or lease said railroad or its charter to any competitive railroad, the same shall work a forfeiture of this charter. Term of charter. Forfeiture of charter. Proviso. SEC. XIV. 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 November 12, 1889. AMENDING THE CHARTER OF THE ALBANY AND BAINBRIDGE RAILROAD COMPANY. No. 678. An Act to amend an Act, entitled, An Act to incorporate the Albany and Bainbridge Railroad Company; to define its powers and duties, and for other purposes, approved October 24th, 1887. SECTION I. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act to incorporate the Albany and Bainbridge Railroad Company, etc., approved Oct. 24th 1887, be amended by inserting after the words Decatur county in the fifth line of the second section of the printed Act, page, 271, Acts of 1887, the following words, or through the counties of Dougherty, Baker, Mitchell and Thomas, to Thomasville, in Thomas county, so that said section when amended will read as follows, viz: Sec. 2. Be it further enacted by the authority afore said, That said company shall have power and authority to survey, lay out, construct, equip and use a railroad from Albany in Dougherty county, Georgia, through the counties of Dougherty, Baker and Decatur, to the town of Rainbridge, in Decatur county, or through the counties of Dougherty, Baker, Mitchell and Thomas, to Thomasville, in Thomas county, of any gauge they may desire, and to carry freight and passengers over said road, charging such an amount for freight and passenger tariffs as may be considered expedient, and not contrary to the legal requirements of this State, and to open books and procure subscriptions for stock, at the rate of not exceeding one hundred dollars per share, at such times and places as may be thought proper; to elect a President and five Directors;

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to borrow money, make contracts, hold real and personal estate to and for the use of said road; to have power to make all contracts necessary and proper for the building and completing of said railroad; to purchase iron, rolling stock and equipments for the same, and for the purposes aforesaid; to issue bonds to such an amount, payable at such time and drawing such a rate of interest as may be agreed upon and determined by a majority of the stockholders, and based upon such security as may be agreed upon, and to sell said bonds, or otherwise dispose of them as their Board of Directors may determine. Amends original charter. Books of subscription. General powers. SEC. II. Be it further enacted by the authority aforesaid, That said Act be further amended by striking out the proviso at the end of section 2, which reads as follows: Provided, said railroad shall not run within ten miles of any other railroad already constructed, but this shall not apply to either terminus of said railroad. Amends section 2 of original charter. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. AMENDING THE CHARTER OF THE MACON AND BIRMINGHAM RAILROAD COMPANY. No. 690. An Act to amend an Act entitled an Act to incorporate the Macon and Birmingham Railroad Company, approved December 26, 1888. SECTION I. Be it enacted by the General Assembly, That the above recited Act be, and the same is hereby, amended by adding to section nine (9) of said Act the following proviso, to-wit: Provided, that if the two arbitrators so selected cannot or do not agree upon and select the third arbitrator, then the Ordinary of the county in which the land lies shall designate some proper, disinterested and competent person to act as such arbitrator. Amending original charter. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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INCORPORATING THE COVINGTON AND CEDAR SHOALS RAILROAD COMPANY. No. 693. An Act to incorporate The Covington and Cedar Shoals Railroad 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, That O. S. Porter, Thomas Weaver and J. A. Farmer, of Newton county, Georgia, and such other persons as may be hereafter associated with them, their successors and assigns, are hereby constituted a body corporate, under the name of The Covington and Cedar Shoals Railroad Company. Corporators. Corporate name. SEC. II. Be it further enacted, That said company shall have power and authority to survey, lay out, construct, equip, operate and maintain a railroad from the city of Covington, in Newton county, to Cedar Shoals, in same county, by such route as said corporators deem for the best interest of the road. Route. SEC. III. Be it further enacted, That the right-of-way of said railroad company shall not be more than fifty feet wide. Right-of-way. SEC. IV. Be it further enacted, That said company shall have all the rights granted in section 1689 (l) of the Code of 1882. General powers. SEC. V. Be it further enacted, That the capital stock of said company shall not exceed the sum of fifty thousand dollars, which shall be divided into shares of fifty dollars. Capital stock. SEC. VI. Be it further enacted, That said corporators are empowered to take and receive subscriptions to the capital stock of said company, either in money or property, and whenever the sum of twenty-five hundred dollars, or over, is subscribed, then said corporators shall have the right and power to organize and commence operations under this Act, and, after due notice of the time and place, call a meeting of the subscribers for the purpose of organizing and electing a Board of Directors, not less than three or more than five, to manage and control the business of said company for one year, or until their successors are elected and installed; and said Board of Directors (and all future boards) shall select from its own number a President, and shall have power and authority to make and adopt by-laws, rules and regulations for the company, its directors, other officers and employes, and provide for the elections and appointments thereof of such officers and employes as they deem necessary for the conduct of the business. Authority to organize. Board of Directors.

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SEC. VII. Be it further enacted, That said company shall have the exclusive right of transporting persons and property over its railroad by the use of steam, electricity, mechanical, horse or other power, and shall have the authority to fix, establish and receive such compensation as the Board of Directors may establish for said services; and to do all those things that are incident to railroad business, not inconsistent with the Constitution and laws of this State. Traffic privileges. SEC. VIII. Be it further enacted, That said company may contract loans, borrow money, mortgage its property and franchises, and issue bonds, and secure the same by mortgage or deed of trust, to any amount, not exceeding the sum of twenty-five thousand dollars, that said Board of Directors may deem best for the purpose of aiding in constructing and maintaining said railroad; and said board are hereby authorized to pledge all of the property and franchises of said company for the payment of the same. Authority to issue bonds. SEC. IX. Be it further enacted, That the stockholders and subscribers shall only be bound in their private capacity to the creditors of said company for the amount of their unpaid subscriptions. Liability of stockholders. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. INCORPORATING THE DUBLIN, BLACKSHEAR AND SOUTHERN RAILROAD COMPANY. No. 695. An Act to incorporate the Dublin, Blackshear and Southern Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That John S. Tyson, A. B. Clark, Wm. G. Brantley, A. B. Clarke and Chas. M. Tyson, their associates, successors or assigns, shall be, and they are hereby incorporated and made a body politic, with all the rights and privileges common and necessary to such a corporation, under the name of the Dublin, Blackshear and Southern Railroad Company. Corporators. Corporate name. SEC. II. Be it further enacted by the authority aforesaid, That said corporation be authorized to survey, locate, build and equip a railroad from Dublin, in the county of Laurens, southward, running through the counties of Montgomery, Telfair, Coffee, Appling,

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Pierce and Charlton, to the Florida State line, in the most direct and advantageous route towards Baldwin, Florida, with the privilege of running a branch from said road at any point on said road in the counties of Laurens or Montgomery, in the most direct and advantageous line to Reidsville, in the county of Tatnall; and the right-of-way is hereby conferred upon it; and in all cases where a question as to right-of-way may arise, and the parties are unable to agree on the matter in controversy, the same may be submitted to arbitrators under the laws regulating arbitration in the Code of 1882, and damages to be paid by the railroad company for running said road through said lands shall be assessed, reserving the right to either party to appeal to the Superior Court under the laws now of force regulating appeals to said court; Provided, that in no case shall the right-of-way embrace more than one hundred feet in width on each side of the track of said road, except by contract; Provided, that said company shall not be authorized to take or use any lands for right-of-way without first paying just and reasonable compensation therefor. Route. Branch road. Right-of-way. Proviso. SEC. III. Be it further enacted, That said incorporators are hereby authorized to open books and procure subscriptions of stock in said railroad company at the rate of one hundred dollars per share, at such time and place as may be thought proper, and for such an amount as may be deemed necessary to survey, locate, build and equip said road; to elect a President and directors; to appoint superintendents, engineers, agents, servants; to make contracts; to borrow money; to hold real and personal property by purchase or otherwise; to sue and be sued, plead and be impleaded; to have and use a common seal, and change the same at pleasure, and to make all by-laws and regulations necessary to carry out the purposes of said corporation not inconsistent with the laws of this State and the United States. Books of subscription. General powers. SEC. IV. Be it further enacted, That the said incorporators shall be ex-officio directors of said railroad company until the first meeting of the stockholders in said company is called for the purpose of electing their successors, and their successors so elected by the stockholders in said company shall have the same powers, rights, privileges as are conferred by this charter on the original incorporators. Provisional Board of Directors. SEC. V. Be it further enacted, That if this charter shall be transferred or assigned before ten miles of said road in a continuous line shall have been graded, ironed and equipped, this charter shall be null and void without a judgment of forfeiture, and that this charter shall be void unless ten miles of said road are graded,

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ironed and equipped within five years from the approval of this Act. Forfeiture of charter. 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 November 12, 1889. AMENDING THE CHARTER OF THE FAIRMOUNT VALLEY RAILROAD COMPANY. No. 719. An Act to amend the Charter of the Fairmount Valley Railroad Company, approved October, 1889. SECTION I. Be it enacted by the General Assembly of Georgia, That the charter of the Fairmount Valley Railroad Company be, and the same is hereby amended, so as to authorize and empower said company to survey, lay out, construct and maintain a branch railroad, broad or narrow gauge, from such point on the route authorized by the charter of which this is amendatory, as may be agreed upon by said company, through the counties of Cherokee, Forsyth, Dawson, Pickens and Hall, to a point upon the line of the Richmond and Danville Railroad, hereinafter to be agreed upon by said company. Amends original charter authorizing construction of branch road. SEC. II. Be it further enacted, That all the rights and privileges granted to the said Fairmount Valley Railroad Company, under the charter of which this Act is amendatory, be, and they are hereby extended and granted to the branch road herein provided for. Rights and privileges extended. 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 November 12, 1889.

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AMENDING THE CHARTER OF THE MACON AND BIRMINGHAM RAILROAD COMPANY. No. 725. An Act to amend an Act entitled an Act to incorporate the Macon and Birmingham Railroad Company, approved December 26, 1888, by striking therefrom the proviso at the end of Section 1 of said Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1 of an Act entitled an Act to incorporate the Macon and Birmingham Railroad Company, approved December 26, 1888, be, and the same is hereby, amended by striking therefrom the following words, to-wit: Provided, if said road runs through the county of Meriwether, it shall run into and through the city of Greenville, in said county, and through the city of LaGrange, in the county of Troup. Amends original charter. SEC. II. Be it further enacted by the authority of the same, That if said railroad runs through the county of Troup, it shall run into the city of LaGrange on a way which is just and equitable both to the railroad and to the city of LaGrange; Provided, depot grounds and the right-of-way through the entire city shall be given said railroad company free of cost to it. Required to run through LaGrange. 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 November 12, 1889. INCORPORATING THE SOUTH EASTERN RAILROAD COMPANY. No. 738. An Act to incorporate the South Eastern Railroad Company, and to define its rights, privileges and powers, 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 T. J. Roy, S. W. Coney, P. C. Clegg, J. E. D. Shipp, Allen Fort, Wright Brady, C. B. Hudson, E. G. Simmons and Joseph E.

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Bivens, their associates, successors and assigns, be and they are hereby created a body politic and corporate under the corporate name and style of the South Eastern Railroad Company, for the purpose of surveying, constructing, equipping, operating and maintaining a railroad from Fort Valley, in the county of Houston, by way of Cordele, in the county of Dooly, to Brunswick, in the county of Glynn, running through the counties of Houston, Dooly, Wilcox, Irwin, Coffee, Appling, Ware, Pierce, Pulaski, Wayne and Glynn, or any one or all of said counties as the Board of Directors may deem most expedient, and by and in said corporate name they may sue and be sued, plead and be impleaded, answer and be answered unto any court, whatever; may make contracts in their corporate name; may acquire, hold and convey property, both real and personal; may have and use a common seal; make all necessary by-laws, rules and regulations; may appoint all necessary officers, and do all other proper acts necessary and incident to the building, equipment, management, control, operation and maintenance of said road. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That the persons in the first section named, or any five of them, may meet at any time after the passage and approval of this Act, and provide for opening books of supscriptions and receiving subscriptions to the stock of said company, and to that end may provide a temporary organization to continue until organization shall be perfected by the stockholders of said company. The books for subscription shall be opened in Fort Valley, Cordele or Brunswick, in either or all of said places, and at such other points as may be deemed advisable, and kept open so long as may be necessary. Temporary organization. Books of subscription. SEC. III. Be it further enacted, That the capital stock of said company shall be five hundred thousand dollars, divided into shares of one hundred dollars each. The capital stock of said company may be increased by the stockholders, as may be deemed necessary, from time to time, not to exceed five millions of dollars. Capital stock. SEC. IV. Be it further enacted, That whenever fifty thousand dollars of the stock of said company shall have been subscribed bona fide, the stockholders shall meet and effect an organization of said company, and shall be authorized, in their discretion, to proceed with the work of construction of said road. Authority to begin work. SEC. V. Be it further enacted, That said company shall have power to accept, purchase, hold and convey any property whatever, real or personal, for the purpose of organizing, constructing, equipping and operating said railroad, or that may be necessary, useful or beneficial to the said railroad or the business thereof, and also to

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acquire all rights-of-way on bonds and all necessary privileges on water courses that may be on, near or across the route of said road; Provided, that said railroad company shall not have the right to condemn any docks, wharves or improved river or sea frontages. They are empowered to enter the land of any person for the purpose of constructing said road and making the examinations and survey necessary thereto. They shall have the right, in the manner hereinafter prescribed, to condemn land necessary or useful to 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 the purpose of cutting and filling and obtaining gravel and material, making compensation therefor as herein prescribed. 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 other 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 right-of-way or side track of any other railroad company, the same to be condemned only in a continuous line for the purpose of reaching its depot as aforesaid, 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, electricity 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, either within or without a city, town or village, for the accommodation and use of passenger and freight business. Property rights. Proviso. Right-of-way. Authority to cross other roads Proviso. General powers.

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SEC. VI. Be it further enacted, That said company shall also have the 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 the discretion of said directors, and may execute turst deeds and mortgages, one or both as occasion may require, on its franchises, railroad and all other property owned by said company, to secure the same. Said company shall also have power to issue preferred stock, and give the preferred stock in the payment of dividends as may best subserve the interest of said company. Authority to issue bonds. Preferred stock. SEC. VII. Be it further enacted, That said railroad company shall have all the rights and privileges set forth in section 1689 (l) of the Code of Georgia of 1882, and with the additional privilege that, if any person refuses or fails or is disqualified from appointing his or her assessor, to notify the Ordinary of the county in which the land is situated, who shall forthwith appoint an assessor of the person who fails or refuses to select an assessor, or is disqualified from making the said selection. Additional powers and privileges. SEC. VIII. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors, to consist, unless otherwise enlarged as herein provided, of seven persons; a majority of said directors shall constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders, on such day and time and on such public notice as may be fixed by the by-laws, not less than thirty days, due publication of which shall be made in the newspapers where the principal office is located. At all elections and meetings of the stockholders, each stockholder shall be entitled to cast, either in person or by proxy, one vote for every share of the capital stock owned or held by him, either individually or as guardian, executor, administrator or trustee. Said Board of Directors shall elect one of their number President, a majority of votes being necessary to a choice, and such President shall have such power and authority, and shall perform such duties as may be provided by the by-laws. Said directors shall continue in office until their successors are elected and installed in office. The Board of Directors shall have power and authority to establish, alter and amend such by-laws, rules and regulations, not in conflict with the Constitution and laws of the State or of the United States, as they may deem necessary or advantageous for the government of said corporation or of the management of its business, and to appoint all subordinate officers, agents, attorneys and servants of said corporation necessary or proper for the management of its affairs,

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and to remove the same at pleasure. They shall have authority to fill all vacancies that may occur in the Board of Directors or in the offices of the company by death, resignation or otherwise. The Board of Directors shall have authority to enlarge its-number from time to time, provided the number shall not exceed thirteen. They shall have power to call in from time to time, as they may deem proper, such installments of the original or increased capital stock of said corporation as may remain unpaid from time to time, and at any time, and to receive cash, or whatever they may consider its equivalent, in payment thereof. They shall have authority to manage and conduct all the business of the corporation of every kind; to make contracts; to borrow money; to make notes or other evidences of debt; to issue bonds at any time, and from time to time, as in their judgment the exigencies of the company may require, and to execute, if deemed expedient by them, any deed or deeds of mortgage, or any deed or deeds of trust, or security for the fulfillment by said corporation of its contracts, obligations or liabilities of any and every kind. They shall have authority to lease, purchase, build, contract for, and to own, use, hold or enjoy any such steamships, steam vessels, sloops, schooners, or sailing vessels of any and every kind, and barges or vehicles for water transportation of any kind they may deem necessary or beneficial for said corporation or its business, or to enable it to successfully compete with any other company, and they may lease, purchase, build or contract for any such wharves, dock, dock-yards, yards or compresses as they may deem necessary. Board of Directorshow elected. President. Subordinate officers. Authority to issue bonds. Navigation privileges. SEC. IX. Be it further enacted, That the principal office of said company shall be in Cordele, in the county of Dooly, until the same shall be changed by the stockholders at a meeting duly called and assembled. Principal office. SEC. X. Be it further enacted, That the stock of said company shall be transferable only on the books of the company in such manner as may be prescribed by the Board of Directors. Transfer of stock. SEC. XI. Be it further enacted, That said South Eastern Railroad Company shall have full power and authority to locate, construct, equip and operate a branch railroad from Cordele, in Dooly county, to Hawkinsville, in Pulaski county, and the provisions of this charter shall include, and the same shall apply to said branch road fully and completely; and said branch road may be constructed under said charter as soon as ten miles or more of the main line from Fort Valley to Brunswick is completed. Branch road. SEC. XII. Be it further enacted, That this charter shall be and continue for the term of fifty years, with the privilege of renewal

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at the end of that time, but if twenty-five miles are not completed within ten years, then the charter is revoked, and the franchises, rights and privileges herein granted are withdrawn. Forfeiture of charter. SEC. XIII. Be it further enacted, Taht all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. INCORPORATING THE CHATTANOOGA AND NATIONAL PARK RAILROAD COMPANY. No. 749. An Act to incorporate the Chattanooga and National Park Railroad Company; to authorize said company to connect with or consolidate with any other railroad now or in the future to be run in the State of Tennessee, to connect the city of Chattanooga with the battle-fields upon and near Chicamauga Creek, and other battle-fields in Walker and Catoosa counties; to authorize it to purchase, perfect and use steam, horse power and such other motive power, including electricity, for cars, as scientific research and experiment may discover and develop, and as may be desired by the company; to authorize said company to cross or intersect with the track or tracks of any other railroad company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That H. V. Boynton, P. M. B. Young, I. E. Shumate, J. C. Fain, Joel Branham, J. B. McCollum, James R. Cravens, James Morrison, S. W. Divine, Max Black, Tomlinson Fort, Gordon Lee, Joseph Hall, John B. Henderson, B. L. Glenn, N. C. Napier, G. W. M. Tatum, J. C. Gordon, B. F. Thurman, Cicero Gordon, R. M. Dickerson and Richard Baywell, and their associates and successors, be, and they are hereby, created a body corporate and politic, under and by the corporate name of the Chattanooga and National Park Railroad Company, and to have continuous succession as such for the term of thirty years..... Corporators. Corporate name. SEC. II. Be it further enacted, That such corporate body is hereby given full power and authority to survey, lay out, construct, equip and carry on business of a railroad of such gauge and of such grade or grades as it deems best, on the most practicable route from some point on the State line between Georgia and Tennessee, in the

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counties of Catoosa or Walker, or both, to, and over the Chicamauga battle-field, in the counties of Catoosa and Walker, in this State, and the National Park proposed to be located on a portion of said battle-field, and to connect the same by a belt line, with the city of Chattanooga, Tennessee; and it is authorized to purchase, perfect and use steam, horse power or such other motive power, including electricity, for cars as scientific research and experiment may discover and develop, and as may be desired; to cross or intersect with the track or tracks of any other railroad company; by that name it may sue and be sued, plead and be impleaded, answer and be answered unto in any court of law and equity in this State or of the United States; may make by-laws, appoint all officers and servants, prescribe their duties, and may accept, purchase, hold or convey any property, real or personal, necessary to carry out the purposes of its organization; may have and use a common seal; is declared a public carrier and vested with all the powers necessary to the discharge of its duties as such. Route. General powers. SEC. III. Be it further enacted, That the capital stock of said company shall be one million dollars, to be divided into shares of one hundred dollars each; Provided, that said corporation may be organized and commence operation as soon as one hundred thousand dollars of its capital stock shall have been subscribed by solvent parties and ten thousand dollars of the same paid in. The shares of said stock may be voted in person or by proxy, each share entitling the holder to one vote. Said stock shall be transferred upon the books of the company to authorize the holder to vote the same at any election or other corporate action by the stockholders of said company. Capital stock. Authorized to begin work. SEC. IV. Be it further enacted, That said corporators, or a majority of them, shall have power to appoint time and place in the town of Ringgold, Catoosa county, Georgia, at which the books of the company shall be opened for subscriptions of stock, of which time and place they shall give at least one week's notice, by publication in some newspaper published in Catoosa, Walker, Whitfield, Gordon or Floyd county, in this State; and when one hundred thousand dollars of the capital stock of said company shall have been subscribed by solvent parties, said corporators, or a majority of them, shall give notice by publication, as aforesaid, for a meeting of the stockholders of said company for the purpose of the election of a Board of Directors, nine in number. At said meeting the stockholders may adopt such by-laws and make such regulations for the government of said company as may be deemed to its interest. Said directors shall be elected by ballot, a majority of

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the stockholders being necessary for a quorum. A majority of the votes cast shall be necessary to an election. The directors so elected shall serve for one year, and until their successors shall have been elected. They shall elect, by ballot, a President and such other officers as may be prescribed by the by-laws of the company, and fix all salaries. They shall fill any vacancy that may occur in their board, from any cause. The stockholders may fix the annual election of the directors at any meeting. A failure to elect at the time fixed for the annual election shall make it the duty of the President of the company to call a meeting of the stockholders for that purpose, by publication in some newspaper published in one of the counties through which said railroad shall pass, at least once a week for twenty days, of the time and place of such meeting, and the purpose for which it is called; and the stockholders may meet at the time and place stated in said notice, and transact such business as may be transacted at an annual meeting of the stockholders. Books of subscription. Election of Directors. SEC. V. Be it further enacted, That said company shall have all the rights and powers granted in section 1689 (l) of the Code of 1882, providing the method of acquiring right-of-way; Provided, that nothing in this section shall be construed to give to said company any power to take and damage any private property until just and adequate compensation be first paid. Additional powers and privileges. SEC. VI. Be it further enacted, That said corporation shall have power to lease its said railroad and franchises or to be consolidated with any other railroad company now, or hereafter to be built, terminating at Chattanooga, Tennessee, and to build or purchase such branch or branches connecting with its main line as may be desirable or necessary to develop manufactures, summer resorts, or for the sight-seeing in and near the battle-fields located in the counties hereinbefore set forth, and to connect with any other railroad in said counties; Provided, that said company shall never make any discrimination in favor of or against any railroad company, corporation or person operating, or which may hereafter operate any railroad or railroads in either or all of the counties hereinbefore set forth, nor for or against any other person or corporation which may do business with it at any time in the future. Authorized to lease or consolidate Proviso. SEC. VII. Be it further enacted, That said corporation shall be organized and begin the construction of its line of railroad within one year of the date of the passing of this Act, and shall complete and use at least five miles of its track within three years after its passage; Provided, if said corporation shall be delayed by litigation,

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said term of one year and three years shall be counted from the end of any injunction against said road. Construction must begin within one year. Proviso. SEC. VIII. Be it further enacted, That the President and Board of Directors of said railroad company are hereby authorized to borrow money, issue bonds, mortgage its property and franchise to secure payment of said bonds, for the purpose of constructing, building and equipping said railroad or making such improvements as they may deem necessary to operate successfully said railroad. Authority to issue bonds. SEC. IX. Be it further enacted, That nothing in this charter shall be construed to give to said company the right to form any combination with, or make any sale or lease to any other railroad company which would have the tendency to defeat or lessen competition or create monopoly. Prohibits combination. 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 November 13, 1889. INCORPORATING THE STEVENSON, SAND MOUNTAIN AND DALTON RAILROAD COMPANY. No. 758. An Act to incorporate the Stevenson, Sand Mountain and Dalton Railroad Company, and to grant certain powers and privileges to the same, and to authorize said road to consolidate its road with any other road incorporated by this State, the State of Alabama, or the State of Tennessee, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, Roswell Farnham, of Vermont; J. H. Norwood, G. J. Hall, C. A. Hall, S. C. Norwood, W. H. Clanton, M. T. Singleton, of Alabama; T. J. Lumpkin, of Georgia; and George Little, of Mississippi; J. B. McCollum, M. A. B. Tatum, and G. W. M. Tatum, of Dade county, Georgia; N. J. and S. M. Martin, B. F. Thurman, and R. M. W. Glenn, of Walker county, Georgia; J. C. Guild, Chattanooga, Tennessee; B. F. Hardwick, Dalton, Georgia; John H. Vaught, Stevenson, Alabama; John J. Freeman, Memphis, Tennessee, their associates and assigns, be, and they are hereby incorporated and made a body politic and corporate with perpetual succession under the name and style of the Stevenson, Sand Mountain and Dalton Railroad Company,

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and as such 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, and the same alter at pleasure; may purchase, accept, hold and convey any property, real, personal or mixed; may make contracts, issue bonds, make by-laws, appoint or elect all necessary officers, prescribe their duties, and do all other lawful acts, and have all other powers incident to and connected with the objects of said company, and as are necessary for the regulation and transaction of its business. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That said company shall have power to survey, locate, construct, build, equip, use, maintain and operate a railroad of such gauge as they may elect, from any point on the Alabama State line in the county of Dade, through the counties of Dade, Walker and Whitfield to Dalton, Georgia. Said company shall have power to erect buildings, depots and shops, operate such machinery, and do such other things as it may deem proper for its advantage and benefit. Route. SEC. III. Be it further enacted, That the capital stock of said company shall be one million dollars, to be divided into shares of fifty dollars each, which said capital stock may be increased to a sum not exceeding two million dollars. Books for the subscription to said capital stock shall be opened by the incorporators under this Act, or a majority of them, at such times and places in this State as may be agreed upon by said incorporators, or majority of them. No subscription to the capital stock of said company shall be received by the incorporators except such as are of known solvency and collectable by law. When the sum of fifty thousand dollars shall have been subscribed to the capital stock of said company the corporators, or a majority of them, shall call a meeting of the stockholders at such place as may be agreed upon by them, of which meeting ten days' notice shall be given in a newspaper published at Trenton, in Dade county; and at LaFayette, in Walker county, and at Dalton, in Whitfield county, Georgia; at which meeting the stockholders shall elect seven directors to manage the affairs of said company; and the directors so elected shall elect one of their number as President of the company. No person shall be elected a director who is not a stockholder, and at all elections a majority of the stock subscribed shall be represented in person or by written proxy. The President and directors shall hold their office one year, or until their successors are elected and qualified; and said Board of Directors, as well as all other Boards of Directors that may be thereafter elected, shall have power to make and adopt such by-laws, rules and regulations, not in conflict with

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the Constitution and laws of this State, or of the United States, as they may deem necessary for the government of its affairs, or the management of its business, and to appoint all subordinate officers, agents, attorneys, servants of said company as may be necessary to carry on its business. They shall have authority to fill all vacancies that may occur in the Board of Directors, or in the offices of said company by death, resignation or otherwise. They shall have power to call in from time to time, as they may deem proper, such installments of the original or increased capital stock of said corporation as has been subscribed and remain unpaid, from time to time, and at any time, and to receive cash, or what they consider its equivalent, in payment thereof. They shall have authority to manage and conduct all of the business of the corporation of every kind; to make contracts; to borrow money; mortgage its property, both real and personal, and its franchise; and to do and perform any other act which may be to its interest or advantage, not inconsistent with the Constitution and laws of this State. Capital stock. Books of subscription. Authority to organize. Board of Directorstheir powers. SEC. IV. Be it further enacted, That the said company shall have power and authority to consolidate its road and franchises, with any other railroad company or companies, now or to be hereafter incorporated by this State, the State of Alabama or Tennessee, upon such terms as may be agreed upon by them. Authority to consolidate. SEC. V. Be it further enacted, That the said railroad company shall have all the power granted in section 1689 (l) of the Code of 1882. Provided, that nothing in this charter shall be construed to give to said company the right to take or damage any private property, till just and adequate compensation be first paid, or the right to make any combination, trade or consolidation with any other railroad company which will tend to defeat or lessen competition, or create monopoly. And that said railroad company shall have power and authority to lay out and construct branch roads from the main line at any point in Dade county, to intersect with the Nashville, Chattanooga and St. Louis Railroad and the Alabama Great Southern Railroad at any point in Dade county, Georgia, that may be selected by the company. And, provided further, that the above named incorporators shall be ex-officio directors, and a majority of them shall constitute a quorum, and may elect a President from their number, and such other officers and agents as may be necessary for the transaction of the business of the company, until directors are elected as provided by section 1 of this Act. Additional powers. Proviso. Branch roads. Provisional Directors. SEC. VI. Be it further enacted, That unless ten miles of said road is built and equipped and in running order in (5) five years

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after the passage of this bill, that this charter shall become null and void. Forfeiture of charter. SEC. VII. Be it further enacted, That said company shall have the right to take for its right-of-way a strip of land, not exceeding one hundred feet in width. Right-of-way. SEC. VIII. Be it further enacted, That said company may take subscription to the capital stock in land, or any material which may be useful and necessary in the construction of said railroad, and said company may take notes, deeds or mortgages to secure the payment of subscriptions to the capital stock, and may accept any donation of right-of-way, or any other real or personal estate; and said company shall have power to run across the right-of-way and track of any other railroad company which it may be necessary to cross to reach the termini. Payment of subscriptions. SEC. IX. Be it further enacted, That the stockholders shall be liable for the debts of said company to the extent of their unpaid stock, and no further. Liability of stockholders. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING THE GEORGIA, TENNESSEE AND ILLINOIS RAILROAD COMPANY. No. 762. An Act to incorporate the Georgia, Tennessee and Illinois Railroad Company; to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. M. McBride, Logan H. Roots, of Little Rock, Ark., W. S. Donaldson, of Jasper, Tenn., J. C. Wall, of Wallone, Tenn., F. P. Rice, G. W. M. Tatum, R. T. Spencer, J. B. McCollum, C. P. Richardson, W. B. Thomas, A. J. McBride, and E. Watkins, of Chattanooga, Tenn., and S. L. McBride, of New York, and their associates, successors and assigns be, and are hereby incorporated under the name and style of the Georgia, Tenneessee and Illinois Railroad Company. They shall have continued succession as a corporation. Corporators. Corporate name.

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SEC. II. Be it further enacted, That the books of subscription to the capital stock of said company shall be opened under the direction of said persons named in the first section of this Act, in person or by proxy, in such places as said corporators may deem best; subscriptions to the 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 the directors deem its equivalent, as called for by the Board of Directors. Books of subscription. SEC. III. Be it further enacted, That the capital stock of said company shall be two million five hundred thousand dollars, divided into shares of one hundred dollars each. Capital stock. SEC. IV. Be it further enacted, That said corporation shall be entitled to commence operation as soon as the sum of twenty-five thousand dollars is subscribed, and ten per cent. thereof paid in, and exercise all rights, powers and privileges, functions and franchises granted by this charter as soon as the said ten per cent. is paid in. This line of railroad shall begin at Tallapoosa, in Haralson county, Georgia, and run through the counties of Haralson, Polk, Floyd, Chattooga, Walker and Dade to the Tennessee line, and may establish its general office either in the State of Georgia or in the State of Tennessee. Authority to commence work. Route. Principal office. 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 written 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. Transfer 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 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 Directors. SEC. VII. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors, to consist of five persons, unless enlarged by a vote of stockholders; 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, or at least thirty days' written notice to each stockholder,

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as may be provided 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, and may appoint one person to two or more offices when desired by said Board of Directors. They shall have authority, under such restrictions as may be provided by a majority vote 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 offices of said corporation. The stockholders shall have the 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; at any meeting of all the stockholders, notice of meeting may be waived and any business transacted. Management. Annual elections. Powers of Board of Directors. SEC. VIII. 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 the 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 and expenses 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 and directors may recover the balance of the original proprietor or his assignee or the executor or administrator or 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. Forfeiture of stock.

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SEC. IX. Be it further enacted, That the principal office of said corporation may be either in the State of Georgia or the State of Tennessee, 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 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. SEC. X. Be it further enacted, That said corporation shall have authority to construct, purchase, own, operate and maintain a main line of railroad from some point at or near Tallapoosa, in the county of Haralson, through or into the counties of Haralson, Polk, Floyd, Chattooga, Walker and Dade, to the Tennessee line, by such route as may be decided upon by its Board of Directors, 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, just and adequate compensation being first paid or tendered; and shall have power to issue stock, borrow money, issue bonds and secure the same by mortgages or deeds of trust as hereinbefore provided for; and to alter or change said route, by a majority vote of the directors; Provided, that said company shall not have the right to condemn any land except for right-of-way and terminal facilities; and, provided further, that said company shall not take or use any public road or street without the consent of the county or municipal authorities, as the case may be. Route. Right-of-way. Proviso. SEC. XI. 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 hereinafter mentioned, and said corporation may also cross, either over or under, any other railroad or railroads in this State; 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, town or place 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, leave, purchase, condemnation, or otherwise; Provided, no right-of-way shall be acquired by condemnation till just and

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adequate compensation shall have first been paid, and in the event said 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. Authority to cross other roads Proviso. SEC. XII. 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 title to the lands, or rights-of-way necessary or proper for the construction or connection of the said railroad and its branches or extensions, or may be necessary or proper for it to reach its freight or passenger depots, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons, or over or under such rights-of-way or tracks of other railroads, as aforesaid, by paying or tendering the owner thereof, or to his or her or its legally authorized representative, just and reasonable compensation for the same, which compensation, when not otherwise agreed upon, shall be assessed and determined as prescribed in section 1689 (1) of the Code of 1882. Disputed right-of-way. Assessors. SEC. XIII. 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 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, as may be considered and deemed best for the interest of the companies consolidating, or the system formed by such consolidation, may be effected by its directors in such manner, and on such terms and conditions, and under such name and style as the stockholders, by a majority vote, may determine; and the number of directors of the said consolidated corporation shall consist of not less than six or 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; 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 said consolidated company maintains in this State an office or offices, and agent or agents upon whom process may be served; Provided, no consolidation authorized

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by this section shall have the effect or be intended to have the effect to defeat or lessen competition or encourage monopoly. Authority to consolidate. Directors. Proviso. SEC. XIV. 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 13, or to guarantee or endorse such bonds or stocks, 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 State or any other State to purchase, use or lease the road property and franchises of this company or of any company formed under section 13, 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 any company formed under section 13, to subscribe to or to 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 other company, or to purchase, lease or use, or operate the road or line, property or franchises of 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. Stock or bonds may be bought by other roads. Proviso. SEC. XV. Be it further enacted, That this charter and the privileges herein contained, shall become null and void unless five miles of said road is completed in five years. Provided, that this charter shall be in full force and effect for the term of fifty years. Forfeiture 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 November 13, 1889.

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INCORPORATING THE JEFFERSON RAILROAD COMPANY. No. 763. An Act to incorporate the Jefferson Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That J. G. Williams and T. C. Gibson, both of Glascock county, and A. J. Williams and B. L. Brower, of Jefferson county, and their associates, and such other persons as may become stockholders in said company, be, and they are hereby, created a body corporate and politic, under the name and style of the Jefferson Railroad Company, and may have and use a common seal, which may be altered, and by said name may sue and be sued, plead and be impleaded in any and all of the courts of this State. Corporators. Corporate name. SEC. II. Be it further enacted by the authority aforesaid, That said company, by its Board of Directors, may make such rules and by-laws for the management of the business of said company as are reasonable and just, and not inconsistent with the Constitution and laws of this State and of the United States. Rules and by-laws. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be forty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars, to be divided into shares of twenty-five dollars each; and books for the subscription of said capital stock shall be opened by the incorporators under this Act, or a majority of them, at such times and places in this State as may be agreed upon by such corporators, or a majority thereof. That when ten thousand dollars of said stock shall be subscribed, and five thousand dollars thereof shall be actually paid in, then said company may begin work on said railroad. Capital stock. Books of subscription. SEC. IV. Be it further enacted, That said company shall have power and authority to survey, lay out, construct and equip, and use, a railroad, of such gauge as they may elect, from a point at or near Mathis, or Wren Station, on the A. G. and S. Railroad, in Jefferson county, to Louisville, in Jefferson county, and connect with Louisville and Wadley Railroad, or to Midville, and connect with the Central Railroad, or both. Route. SEC. V. Be it further enacted, That when the sum of ten thousand dollars shall have been bona fide subscribed to the capital stock of said company, it shall be the duty of the corporators, or a majority of them, to call a meeting of the stockholders at such place

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as may be agreed on by them, of which meeting ten days' written notice shall be given to the stockholders, at which meeting the stockholders shall elect seven directors to manage the affairs of said company, and the directors so elected shall elect one of their number as President of said company; no person to be elected a director who is not a stockholder, and at all elections a majority of stock subscribed shall be represented in person or by written proxy. Each stockholder shall be entitled to one vote for each share owned by him or her. Said directors shall fill all vacancies occurring in their body until the next meeting of the stockholders, and to appoint subordinate officers and agents as they find necessary, and fix their salaries. Authority to organize. Officers. SEC. VI. Be it further enacted, That said company shall have the power, as soon as ten thousand dollars is subscribed, to call the same in, in such installments as the board may direct, and to collect the same by suit or otherwise, and to commence the building of said road as soon as said amount of stock is subscribed. That so soon as any stockholder has paid the full amount of stock subscribed for by him or her, it shall be the duty of the company to issue to him or her a certificate of stock, which said certificate shall be signed by the President and countersigned by the Secretary, with the seal of the company attached. And such stock may be transferred on the books of the company by the owner thereof, or his or her attorney in fact, appointed for that purpose. Said company shall have the power to receive as a gift and to purchase all such real and personal property as may be necessary for the use of said company for constructing said railroad and such depots, side-tracks and turnouts as may be necessary. Authorized to commence work. Transfer of stock. SEC. VII. Be it further enacted, That in the event said company and the owner of any land through which said company desires to build its road, whether said land be in the hands of the owner, or a trustee, executor or administrator, or guardian, cannot agree upon the price to be paid therefor, then either party may apply to the Sheriff of the county in which said 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 in its account the benefit accruing to said land by reason of the building of said road, but in no case shall the jury give less damages than the actual value of the land taken. The moving party shall, in all cases, give to the opposite party ten days' notice of the time and place of trial. And either party shall

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have the right to enter an appeal to the next Superior Court, by complying with the law in relation to appeals to the Superior Court. 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 for each and every day they serve, and the witnesses seventy-five cents each per day, to be paid by said railroad company. And the Sheriff 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 rest in the company. Disputed rights-of-way. Assessors. Appeal. SEC. VIII. Be it further enacted, That said company shall have the right to take for its right-of-way a strip of land not exceeding one hundred feet wide. Said company shall have the power to issue bonds in such amounts as they desire, and may mortgage all their railroad, its right-of-way, rolling stock and franchises for the purpose of securing its bonds, and may issue its notes to creditors. Right of way. Bonds. SEC. IX. Be it further enacted, That the stockholders shall be liable for the debts of said company to the extent of their unpaid stock, and no further. Liability of stockholders. SEC. X. Be it further enacted, That this charter shall become null and void if five miles of this road is not completed within five years from the approval of this Act. This charter shall likewise become forfeited if said company consolidates with any competing line or makes any transfer of these chartered privileges which will have the effect to defeat or lessen competition or encourage monopoly. Forfeiture of charter. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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AMENDING THE CHARTER OF THE LOOKOUT MOUNTAIN, LULA LAKE AND GADSDEN RAILROAD COMPANY. No. 764. An Act to amend an Act incorporating the Lookout Mountain, Lula Lake and Gadsden Railroad Company, and for other purposes therein mentioned, approved October 24, 1887, so as to authorize said road to consolidate with any other road incorporated in the States of Georgia, Alabama or Tennessee, or lease, purchase or operate the same; to authorize said company to increase its capital stock, to build branches, and to issue bonds in such amounts as it may desire, and to mortgage its property to secure the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act entitled An Act to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company, and for other purposes therein mentioned, enacted by the General Assembly of the State of Georgia, and approved October 24, 1887, be, and the same is hereby, amended so as to add after the third section of said Act the following: The Board of Directors 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 mortgages, deed or deeds of trust, as security for the fulfillment by said corporation of its contracts, obligations and 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 offices 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 nine members. Amends original charter. Authority to issue bonds. SEC. II. Be it further enacted, That the principal office of said corporation may be in the city of Chattanooga, Tennessee, 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, or may hereafter be provided by law for service on corporation. Principal office.

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SEC. III. Be it further enacted, That section 8 of said charter be amended by adding after the words, which may be chartered in the seventh line of said section, the words in the States of Georgia, Alabama and Tennessee, or to lease, purchase and operate the same, so that said section, when amended, shall be as follows: That in consideration of the difficulties in building a railroad on Lookout Mountain, and of the further fact that no survey has yet been made as to the practicability of the different routes, said railroad company is hereby authorized to unite and consolidate with any other railroad company or companies heretofore chartered, or which may be chartered in the States of Georgia, Alabama or Tennessee, or to lease, purchase and operate the same upon such terms as may be agreed to by said company, and said companies when so united and consolidated shall form one company, and shall have the rights, powers, privileges, benefits, advantages and aids to which either and all of said companies are entitled, under their respective charters, and shall be subject to all the liabilities, disabilities, qualifications and restrictions imposed by any Act of the Legislature of this State, upon either or all of said companies, prior to such consolidation; and such companies so consolidated and united may adopt and use the name of either of said companies, as it existed prior to the consolidation, and in that name may receive, have and exercise all the rights, benefits, advantages and aids to which either and all of said companies, were, by law, entitled prior to the consolidation, and shall be subject to all the liabilities, restrictions and disabilities, including debts, liens and mortgages, to which either was liable prior to the consolidation; but nothing in this section shall be so construed as to vest in said consolidated roads any greater benefit than the said roads have by their original charters and amendments thereto. Amends section 8. Authority to unite with other roads. SEC. IV. Be it further enacted, That section two of said Act, which reads as follows, That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed five hundred thousand dollars, shall be altered and amended so as to read as follows: The capital stock of said company shall be five hundred thousand dollars and shall be divided into shares of one hundred dollars each, which said capital stock may be increased from time to time by a vote of a majority of the stockholders, not to exceed two million dollars. Authority to increase capital stock. SEC. V. Be it further enacted, That section seven of said Act, which reads as follows, That said company shall have power to construct, maintain, equip and use a railroad from a point on the Tennessee line on top of Lookout Mountain, and as near Lookout

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Point as practicable, in Walker county, Georgia, along the top of said mountain through Walker county to Lula Lake, or as near said lake as practicable, through Dade county, as near as practicable to Dillon, to the Alabama line, or along such route as said company may determine upon, leading from the Tennessee line near Lookout Point to such point as they may select on the Alabama line in Dade county, shall be altered and amended so as to read as follows: That said company shall have power to construct, maintain, equip and use a railroad from a point on the the Tennessee line on top of Lookout Mountain and as near Lookout Point as practicable, in Walker county, Georgia, along the top of said mountain through Walker or Dade counties to Lula Lake, or as near said lake as practicable, through Dade or Walker counties, as near as practicable to Dillon, to the Alabama line, or along such route as said company may determine upon, leading from the Tennessee line near Lookout Point to such point as they may select on the Alabama line in Dade or Walker counties; said road to be of any gauge they may desire, and to carry freight and passengers over said road, charging such an amount for freight and passenger traffic as may be considered expedient and not contrary to the legal requirements of this State; and to build branches and extensions as may be desired by filing with the Secretary of State a certificate stating the location of such branch or extension; and to build and construct a line of railroad from any point on its line in the counties of Walker or Dade through said counties to any point in said counties, and said corporation shall have all the powers, facilities, privileges, franchises and rights necessary or proper to successfully accomplish, maintain and carry out the object of its incorporation; Provided, that no public road or street shall be taken without the consent of the county or city authorities, as the case may be. Amends section 7 of original charter. Route. 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 November 13, 1889.

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INCORPORATING THE GEORGIA, ALABAMA AND CAROLINA RAILROAD COMPANY. No. 765. An Act to incorporate the Georgia, Alabama and Carolina 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, That J. D. Williamson, W. W. Brooks, R. T. Fouche', D. B. Hamilton, R. J. McCamy, D. Bukofzer, Samuel M. Carter, J. C. Clements, and such other persons as may be associated with them, and their successors and assigns be, and hereby, created a body politic and corporate under the name of the Georgia, Alabama and Carolina Railroad Company, with continuous succession; with power in and by said name to sue and be sued, plead and be impleaded; to have and use a corporate seal, and alter the same at pleasure; to contract and be contracted with; to acquire, own, hold and use all such real and personal and other property requisite to the interests of said company and to the exereise of its powers and privileges, and to dispose of said property at will; and to have such other powers as are usual and incident to such corporations. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That said corporation shall have power and authority to survey, lay out, construet and equip, and to own, operate and maintain a railroad from some point on the dividing line between the States of Alabama and Georgia north of the Coosa River, or between the city of Gadsden and the Tennessee State line, thence through the State of Georgia, crossing the Western and Atlantic Railroad at some point between the towns of Dalton and Cartersville, with the right to pass through and enter any of the counties, towns and cities, the consent of the corporate authorities of said towns and cities having been first obtained, on the selected route, and passing out of this State at some point on the line dividing the States of South Carolina and Georgia; and said corporation shall also have power and authority to build a branch road, passing out of this State into North Carolina or Tennessee at some point east of Cleveland, Tennessee. Said road shall run cast from Kingston through the counties of Bartow, Cherokee, Milton, Forsyth, Hall, Gwinnett, Jackson, Clarke, Oconee, Madison, Oglethorpe, Elbert, Wilkes, Lincoln, McDuffie, Columbia, Richmond and Burke; west from Rome through the counties of Floyd and Chattooga. Route. Branch road.

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SEC. III. Be it further enacted, That said corporation is authorized to cause to be made examinations and surveys between said points and along the proposed line as may be necessary to select the most advantageous route, and for that purpose may enter the land of any person or corporation. It shall have power to acquire by gift, purchase or otherwise, property of all kinds; to transfer, sell, mortgage and dispose of the same at pleasure; to lay out and build its line of railroad on a right-of-way not over two hundred feet in width, making compensation therefor in the manner herein-after prescribed; to construct its railroad across, along and upon any river, highway or canal or strect, and across any other railroad which it shall intersect, or 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; and by consent, or purchase, or otherwise, may run over the right-of-way of any other railroad to its freight or passenger depots, shops, etc., in any city, town or village which said railroad may enter, or through which it may run in this State; and said corporation shall have the right to take and carry persons and all manner of freight over its railroad by the use of steam or other motive power, and to receive compensation therefor, and do all things necessary to a railroad business; to crect, maintain and operate convenient and necessary buildings, stations, depots, shops, docks and machinery, either within or without a city, town or village, for the accommodation and use of passengers and freight and other business; to borrow such sums of money at such rates of interest and upon such terms as the corporation or its Board of Directors may agree upon and may deem expedient; and may execute trust deeds or mortgages, or both, on its railroad or other property, to secure the same. Survey authorized Right-of-way. Traffic privileges. Loans and mortgages. SEC. IV. Be it further enacted, That the capital stock of said company shall not be less than three million dollars, nor over ten million dollars, divided into shares of one hundred dollars each; and said company are authorized to commence work whenever fifty thousand dollars have been subscribed on the books of the company. Books for subscription to the capital stock of said company may be opened at such times and places as the Board of Directors of said company may direct, and such subscriptions may be made in cash, evidences of debt, contracts of labor, or property of any kind; the terms of subscription and the value of subscriptions, other than money, to be determined by the Board of Directors, or a majority of them. Capital stock. Books of subscription.

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SEC. V. Be it further enacted, That said corporation shall have power to make and issue bonds to such an amount, and of such denominations, and at such rates of interest, and payable at such times and places, as it may determine, and may secure the same by mortgages or deeds of trust on any or all of its rights, property or franchises. It may also issue preferred stock, giving such preferences, and upon such terms, as it may desire. Authorized to issue bonds. SEC. VI. Be it further enacted, That the affairs and business of said corporation shall be managed by a Board of seven Directors to be elected annually by the stockholders; the first election to be held at such time and place as a majority of the corporators may designate and agree upon; all subsequent elections shall be held annually at such time and place and upon such notice as a majority of the Board of Directors shall prescribe. At meetings of stockholders, each stockholder shall be entitled to one vote for each share owned by him or her, and may vote either in person or by written proxy. The Board of Directors shall have authority to fill all vacancies in their body occurring between annual elections. The Board of Directors shall elect from their number a President of said corporation and elect and appoint such other officers, agents and employes of the company as to them may seem advisable, and fix the salaries of the same. The said board shall have power to establish, after and amend the by-laws, rules and regulations for the government of said corporation and the management of its business; to make contracts, borrow money, give notes and evidences of debt, issue bonds and execute trust deeds or mortgages on the franchises and property of the corporation to secure the same, upon such terms, and to run for such length of time and to be payable with such rates of interest at such time and places as may seem advisable to said Board of Directors, or a majority of them, and said Board of Directors may also pay in part or in whole for the material, construction and equipment of their road in the stock or in the bonds, either or both, of said company and may likewise pay all earnings and salaries of officers, agents or employes when such partics are willing to receive the same; and said Board of Director shall have authority to make any and all other contracts for said corporation as they may deem necessary and expedient. Election of Board of Directors. President and other officers. SEC. VII. Be it further enacted, That certificates of stock may be issued to all persons entitled thereto, and when issued shall be signed by the President and Secretary, and shall have the seal of the corporation attached thereto. The stock of the company may be transferred on the books of the company from one holder to another, and such transfer may be made in person or by an attorney

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in fact, appointed for the purpose. The directors shall have authority to call in and demand payment of stock subscriptions at such times and places and upon such notice as they may deem necessary or think proper. Stock certificates. SEC. VIII. Be it further enacted, That the liability of individual stockholders to the creditors of the corporation shall be to the extent of his or her unpaid stock and no further. Liability of stockholders. SEC. IX. Be it further enacted, That said company shall have all the powers granted in section 1689 (l) of the Code of 1882; Provided, that nothing in this charter shall be construed to give to said company the right or power to take or damage any private property till just and adequate compensation has been first paid; Provided, that no authority or power delegated to said railroad company by this Act shall be construed to contravene or militate in any way against that part of paragraph 1, section 3, article 1 of the Constitution of the State which provides that private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid. Additional powers and privileges. Proviso. SEC. X. Be it further enacted, That the principal office of said company in the State of Georgia shall be at such place as the Board of Directors shall select, and may be changed by a majority of said board, and branch offices may also be established at such places as said Board of Directors may determine. Principal office. SEC. XI. Be it further enacted, That if the said railroad company shall fail to complete ten miles of road within five years from the approval of this charter, then this charter to be null and void as to that portion of the road not built. Forfeiture 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 November 13, 1889. AMENDING CHARTER OF THE KINGSTON, WALESCA AND GAINESVILLE RAILROAD COMPANY. No. 774. An Act to amend an Act incorporating the Kingston, Walesca and Gainesville Railroad Company, approved 30th September, 1881, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above named company shall have the right to

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extend its line of road from Gainesville in an easterly direction toward the Savannah River, making a continuous line with that part, the right to construct, which is granted in the Act above recited; Provided, that such extension shall be built in accordance with the general railroad law of the State; Provided, that no public road or street shall be taken or used without first obtaining the consent of the county or municipal authorities, as the case may be. Authority to extend its line. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That the Act aforesaid shall be continued in force for a period of five years from the date of the approval of this Act; but if, within said five years, said Kingston, Walesca and Gainesville Railroad Company has not completed at least twenty miles of roadway, then this amendatory Act and the original charter shall, without judgment, become null and void. Forfeiture of charter. SEC. III. Be it further enacted by the authority aforesaid, That the charter of this company shall not be sold or transferred until at least twenty miles of said road has been completed; and under no circumstances shall it be sold or transferred in a manner, or to any party, whereby such sale or transfer would have the effect to defeat or lesson competition. Transfer of charter. 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 November 13, 1889. AMENDING THE CHARTER OF THE ALABAMA AND ATLANTA RAILWAY. No. 777. An Act to modify and amend an Act of the General Assembly of Georgia, approved December 27, 1886, and entitled 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 the State of Georgia do hereby enact, That section 2 of the aforesaid Act, approved December 27, 1886, shall be amended so that section 2 shall read as follows: That the capital stock of said company shall be one million

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dollars, with the right of the stockholders to increase the same to a sum not more than ten million dollars, the stock to be devided into shares of one hundred dollars each; but no increase in stock shall be sold for less than par in money, labor or property. Authority to increase capital stock. SEC. II. Be it further enacted, That section 5 of said Act, approved December 27, 1886, shall be amended so as to read as follows: 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 shall be deemed best, to be held in the city of Atlanta, and a Board of Directors shall be elected from said stockholders, which directors may, in their discretion, proceed with the construction of said railroad. Said Board of Directors shall consist of not less than seven nor more than thirteen persons, of whom at least seven shall always be citizens and residents of the States through which said railroad shall run, and shall be elected from the stockholders, to serve for one year, and until their successors are elected and qualified. 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 such attorneys, agents or employes as they may desire, and to fix the compensation of all such persons and officers; to adopt rules, regulations and by-laws, and to do all such other acts usual in such cases. Authority to organize. Board of Directors. SEC. III. Be it further enacted, That section 8 of said Act, approved December 27, 1886, be amended so as to read as follows: That said company shall have the right and power to consolidate with its railroad and franchises and other road or roads now or hereafter to be incorporated, and to lease, purchase or otherwise acquire other lines of railway; Provided, that such lease, purchase or acquisition shall not have the effect or be intended to have the effect, to defeat or lessen competition in their respective business; and, provided further, that the right to consolidate with other railroads shall not be operative until at least ten miles of this railroad has been graded, ironed and is ready for rolling stock. May consolidate. Proviso. SEC. IV. Be it further enacted, That section 10 of said Act, approved December 27, 1886, be, and the same is hereby repealed. Repeals section 10. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 13, 1889.

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AMENDING THE CHARTER OF THE LONG SHOALS AND ROCKLAND RAILROAD COMPANY. No. 785. An Act to amend an Act entitled an Act to incorporate the Long Shoals and Rockland Railroad Company; to confer certain powers and privileges on the same, and for other purposes, approved October 24th, 1887. By adding to section 2 of said Act, the following words, with the privilege of extending the same to or through such beds of granite, and to or near such water powers in Rockdale and adjoining counties, as in the opinion of the stockholders of said company may be expedient, and for the best interest of said company; and to extend and connect the same on such terms as may be agreed on or fixed by law, with any other railroad in said counties, and further to amend said Act, by repealing section eleven (XI) thereof. SECTION I. Be it enacted, That section two (Sec. 2.) of the above recited Act, be, and the same is hereby amended by adding to said second section, the following words, to-wit: With the privilege of extending the same to or through such beds of granite, and to or near such water powers in Rockdale and adjoining counties, as in the opinion of the stockholders of said company may be expedient and for the best interest of said company; and to extend and connect the same on such terms as may be agreed on or fixed by law, with any railwoad in said counties. Authority to extend its line. SEC. II. Be it further enacted, That section eleven (Sec. XI.) of the above recited Act be, and the same is hereby repealed. Repeals section 11. 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 November 13, 1889.

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INCORPORATING THE BELLTON, HOMER AND CARNESVILLE RAILROAD COMPANY. No. 787. An Act to incorporate the Bellton, Homer and Carnesville Railroad Company; to confer certain powers and privileges upon the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That M. B. Carter, C. R. Faulkner and Robert Quillian, of the county of Hall, and M. Buice, of the county of Fulton, and A. P. Wofford, J. N. Coggins, P. F. M. Furr, T. B. Griffin, T. F. Hill, V. D. Lockhart and P. M. Edwards, of the county of Banks, and W. R. Little, S. N. Tribble, J. S. Dortch and J. C. McConnell, of the county of Franklin, and such other persons as may hereafter be associated with them, their successors and assigns, are hereby constituted a body corporate and politic, under the name and style of the Bellton, Homer and Carnesville Railroad Company, with all and singular the powers and privileges herein contained, for the term of fity years. Corporators. Corporate name. SEC. II. Be it further enacted, That said company shall have power, and they are hereby authorized and empowered to survey, lay out, construct, equip, operate and maintain a dummy line or railroad of such gauge as said company may agree upon, from the town of Bellton, in the counties of Hall and Banks, and to the town of Carnesville, in the county of Franklin, by way of Homer, in the county of Banks, by such route as said corporators deem for the best interest of the road. Route. SEC. III. Be it further enacted, That the right-of-way of said railroad company shall not be more than one hundred feet on each side from the center of the track. Right-of-way. SEC. IV. Be it further enacted, That said company shall have the right to enter upon the lands of any other person or corporation, and use the same for the purposes of a right-of-way, and for the erection of depots, stations and purposes necessary for such corporation, upon paying to the owner or owners just and reasonable compensation; Provided, that no public road or street shall be taken without the consent of the county or municipal authorities, as the case may be. Condemned right-of-way. Proviso. SEC. V. Be it further enacted, That when damages for right-of-way or the value of land sought to be condemned cannot be agreed on by and between the company and the land owners, the matter

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in controversy shall be submitted to arbitrators in the manner prescribed by the Code of 1882; but if either party fails or refuses to choose an arbitrator, the Ordinary of the county where the land sought to be condemned is situated shall, upon application of the other party, select an arbitrator for said person or persons; such arbitrators, so chosen, after selecting a third, shall proceed to condemn the land in question, fix its value, and file their award in terms of the law. Arbitrators Award. SEC. VI. Be it further enacted, That the capital stock of said company shall not exceed the sum of one hundred thousand dollars, which shall be divided into shares of fifty dollars each. Capital stock. SEC. VII. Be it further enacted, That the said corporators are empowered to take and receive subscription to the capital stock of said company, either in money or property; the property to be valued by the Board of Directors; and whenever the sum of ten thousand dollars, or over, is subscribed to the said capital stock, then the said corporation shall have the right and power to organize and commence operations under this Act, and they, or a majority of them, after due notice of the time and place, call a meeting of the subscribers for the purpose of organizing, and electing a Board of Directors, of not less than five or more than nine, as they deem best, to manage and control the business of said company for one year, or until their successors are elected and installed; and said Board of Directors, and all future boards, shall select from their own number a President, and shall have power to make and adopt by-laws, rules and regulations for the board, the company, its officers and employes, and to appoint and employ such officers, agents and other employes as they may think proper and necessary; and until said Board of Directors is elected and installed as aforesaid, the charter members hereof are empowered to act as a Board of Directors: to elect a President and all other officers, agents and employes that they may deem necessary. Stock subscriptions. Authority to organize Provisional Directors. SEC. VIII. Be it further enacted, That said company shall have the exclusive right of transporting persons or property over their railroads by the use of steam, electricity, mechanical, horse or other power, and shall have the authority to fix, establish and receive such compensation as the Board of Directors may establish for said services, and to do all those things that are incident to railroad business not inconsistent with the Constitution and laws of this State. Transportation privileges. SEC. IX. Be it further enacted, That said company may contract loans, borrow money, mortgage its property and franchises and issue bonds and secure the same by mortgage or deed of trust to any amount, not exceeding the sum of fifty thousand dollars, that

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said Board of Directors may deem best, for the purpose of aiding in constructing and maintaining said railroad, and they are hereby authorized to pledge all of the property and franchises of said company for the payment of the same; Provided, that this charter shall be absolutely null and void unless five miles of said road shall be graded, ironed and ready for rolling stock within five years after the approval of this Act; and, provided further, that this charter shall not be transferred or the road consolidated with any other road unless five miles of same are graded, ironed and ready for the rolling stock. Authority to issue bonds. Proviso as to forfeiture of charter. SEC. X. Be it further enacted, That the stockholders and subscribers shall only be bound in their private capacity to the creditors of the corporation for the amount of their unpaid subscription. Liability of stockholders. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING THE AMERICUS AND JACKSONVILLE RAILROAD COMPANY. No. 804. An Act to incorporate the Americus and Jacksonville Railroad Company; to confer certain rights, 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 Jno. B. Felder, Allen Fort, E. G. Simmons, Wright Brady, P. H. Williams, J. E. D. Shipp, H. C. Bagley, H. R. Johnson, H. T. Hollis, J. C. Nicholson, W. L. Glessner, J. W. Sheffield, W. E. Murphy and C. M. Wheatley, 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 Americus and Jacksonville 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

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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 Americus, in Sumter county, in a southeasterly direction to some point (deemed most expedient by the Board of Directors hereinafter provided for) on the Florida line, in either the county of Clinch, Echols or Charlton, and to run in practically a direct line through such counties as may be necessary to reach such point or place as may be selected on the Florida line, by such route as will in their judgment best subserve the purpose of carrying freight and passengers to the southern destination of said road, which will be Jacksonville, Florida, and from the city of Americus in a northerly direction to Woodbury, in Meriwether county, or some point on the line of the Georgia Midland and Gulf Railroad, in the county of Meriwether, as shall be by them deemed best, and to run in practically a direct line through such counties as may be necessary to reach the northern terminus of said road by such a route as will in their judgment best subserve the purpose of carrying freights and passengers. The proposed line being the nearest practicable route from Jacksonville by way of Americus to Woodbury, or some eligible place on the Georgia Midland and Gulf Railroad, in the county aforesaid; Provided, that the location and general direction of the said railroad shall be at least ten miles from any other railroad already constructed, except when within ten miles of either terminus and of the city of Americus, and when crossing another railroad. Route. Proviso. 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 city of Americus and the Florida line, in the counties of Clinch, Charlton or Echols, and between the city of Americus and the northern terminus, at Woodbury, or other point, as aforesaid, as shall be necessary to the selection of the most advantageous route, and for that purpose are empowered to enter the land of any person; to acquire, by gift or purchase, real estate and other property for the construction, maintenance and accommodation of said railroad company, 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,

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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 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 for a distance of not more than three (3) miles of any other railroad to its freight or passenger depots, shops, etc., in any city, town or village through which it may run; to take and convey persons and all manner of property over their railroad, by the use of steam, electricity, 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, compresses, station 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 a lawful rate of interest, and upon such terms as said 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 property, franchises or other property, to secure the same; Provided, that no timber or gravel, or other material outside of the right-of-way, shall be taken, except by contract; and provided, further, that no public road or street shall be taken without the consent of the county or city authorities, as the case may be; and provided, further, that this charter shall continue for the space of fifty years. Survey. Terminal facilities. Right-of-way. Traffic privileges. Loans and mortgages. Proviso. 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 three million dollars, and which shall be divided into shares of one hundred dollars each, and said company shall be authorized to commence work whenever

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fifty thousand dollars of the amount of the capital stock shall have been bona fide subscribed. Capital stock. SEC. V. Be it further enacted, That the Americus and Jacksonville 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 the Acts approved September 29, 1885, as fully and completely as if all of said rights, powers and privileges and immunities therein mentioned 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. Additional powers and privileges. SEC. VI. Be it further enacted, etc., That the methods of acquiring and condemning property for the right-of-way and for other uses of the Americus and Jacksonville Railroad Company shall be the same as those incorporated in the charter of the Georgia Midland and Gulf Railroad Company referred to above. Condemning right-of-way. SEC. VII. Be it further enacted, That nothing contained in this Act shall be so construed as to allow a lease, sale, transfer or consolidation of the rights and powers herein conferred until at least ten (10) miles of the railroad herein contemplated has been graded, ironed and is ready for rolling stock, and this charter with all its rights, privileges and franchises, shall be void and the same forfeited if the corporators thereof fail to organize and build, iron and have ready for rolling stock at least ten (10) miles of its railroad within five (5) years from the passage of this Act. Forfeiture 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 November 13, 1889.

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INCORPORATING THE SMITHONIA, LINCOLNTON AND AUGUSTA RAILROAD COMPANY. No. 810. An Act to incorporate the Smithonia, Lincolnton and Augusta Railroad Company, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That James M. Smith, F. R. Howard, C. A. Stevens, J. W. Jarrell, of Oglethorpe county; and D. C. Hill and James Moss, of Wilkes county; and Dr. J. M. Sims, of Lincoln county, and their associates, successors and assigns be, and they are hereby, incorporated under the name and style of the Smithonia, Lincolnton and Augusta Railroad 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. SEC. III. Be it further enacted, That the capital stock of said corporation shall be three hundred thousand dollars, with the privilege, by a majority vote 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 fifteen thousand dollars has been bona fide subscribed on the books of said corporation. Authority to begin work. 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 written proxy; and said shares shall be

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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. Transfer 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 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 Board of Directors. 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 Smithonia, in the county of Oglethorpe, State of Georgia, which meeting, when assembled, shall proceed to elect a permanent Board of Directors, a majority of the stock voting being necessary to a choice. Permanent organization. SEC. VIII. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors, to consist of five persons, unless enlarged by vote of stockholders. 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, or by at least thirty days' written notice to each stockholder, as may be provided 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, and may appoint one person to two or more offices when desired by said Board of Directors. They shall have authority, under such restrictions as may be provided by a majority vote 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

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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 offices 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. At any meeting of all the stockholders, notice of meeting may be waived and any business transacted. Board of Directors. President. Other officers. Authority to issue bonds. 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 and expenses 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 his 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. Forfeiture of stock. SEC. X. Be it further enacted, That the principal office of said corporation shall be at Smithonia, in Oglethorpe county, Georgia; but said corporation shall have power and authority to establish branch offices for the transfer of stock or the transaction of its business in such other places as the directors may deem best for its interest, and all notices and legal process may be served on said corporation as now provided or may hereafter be provided by law for service on corporations. Principal office. 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 at or near Smithonia, in the county of Oglethorpe, State of Georgia, through or into the counties of Oglethorpe, Wilkes, Lincoln, McDuffie, Columbia and Richmond, and adjoining counties, by such route as may be decided by its Board of Directors, to some point at or near Augusta, Richmond county, this State; and said corporation shall have all the powers,

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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 two 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, borrow money, issue bonds and secure the same by mortgage or deeds of trust, as hereinbefore provided for, and to alter or change said route by a majority vote of the directors; Provided, said corporation shall not condemn any lands outside of said right-of-way except by a purchase by said corporation. Route. Right-of-way. Proviso. 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 hereinbefore mentioned, and said corporation may also cross at a grade-level or over or under 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; Provided, the said railroad shall not run over or occupy the right-of-way of any other railroad for a greater distance than three (3) miles, except by contract. It may run over three 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, town or place 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 comdemnation, as provided in this Act for the condemnation of right-of-way; and said corporation shall have authority to connect its tracks with the tracks of other railroads in such cities, towns or places, 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. Authority to cross other roads Proviso. Provided further. 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 right or rights-of-way necessary or proper for the construction or connection of its said railroads, and its branches or extensions, as may be necessary or proper for it to reach its freight or passenger depots in any city,

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town or place 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 track, or 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; when not otherwise agreed upon, shall be assessed and determined in the following manner, to-wit: When the parties cannot or do not agree upon the damage done such other railroad company for the use of its right-of-way or track, as aforesaid, or to the owner or owners of the land which the corporation seeks to appropriate as a right-of-way, or for its purposes, the corporation shall choose one of the citizens of this State as its assessor, and the person or persons, or railroad company, owning the land sought to be taken, or the right-of-way or track sought to be used, shall choose another as his, her or its 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 (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 assessors thus selected shall choose a third assessor; if the two assessors shall fail, for five days, to agree upon a third assessor, the Judge of the Superior Court of the circuit shall appoint the third assessor, and the three assessors thus selected shall be sworn to do justice between the parties; and after hearing such evidence as may be offered, both as to the benefits and as to the damage done 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 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

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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 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 decree or judgment 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, 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 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 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 of 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 or tendered as hereinabove provided. 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 judgment of 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 an insane person, lunatie, 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 funds as is usual, necessary or proper; and said right-of-way and right to use such track shall vest in said corporation as fully and completely as if the same had been purchased or acquired by contract with the consent of the owners thereof. Disputed right-of-way. Assessors. Award. Appeal. Executions may issue. SEC. XIV. Be it further enacted, That said company is hereby authorized and empowered to merge and consolidate its capital

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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 State, 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, or may be considered and deemed for the best interest of the companies consolidating, or the system formed by such consolidation. 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 the stockholders, by a majority vote, 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; 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 said consolidated company maintains in this State, an office or offices, and agent or agents, upon whom process may be [Illegible Text]. Provided further, that there shall be nothing herein so construed as to authorize the said company to consolidate with, sell out, transfer or assign its powers, rights and privileges, until at least ten miles of this railroad has been graded, ironed, and is ready for rolling stock. Authority to consolidate. Management of consolidated company. Proviso. 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 stocks, 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 State or any other State, to purchase, use or lease the road, property and franchises of this company or of any company formed under section fourteen (14) 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 any company formed under section fourteen (14), 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 stocks of any such company, or to purchase, lease

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or use or operate the road or line, property or franchise of any such railroad or transportation company; Provided, that said company shall not purchase, use or lease the road, property and franchise 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; Provided, that this company shall not run upon any of the public roads of any of the counties through which it runs without the consent of the county authorities, nor shall not run on any street in any town or city, without the consent of the city or town authorities; Provided, that this charter shall be in force for the term of fifty (50) years. Other, companies may hold stock or bonds of. Proviso. 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 November 13, 1889. INCORPORATING THE SMITHONIA, DANIELSVILLE AND CARNESVILLE RAILROAD COMPANY. No. 811. An Act to incorporate the Smithonia, Danielsville and Carnesville Railroad Company, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That James M. Smith and J. D. Power, of Oglethorpe county, and D. W. Meadow, T. J. Scott and G. C. Daniel, of Madison county, and their associates, successors and assigns, be, and they are hereby incorporated, under the name and style of the Smithonia, Danielsville and Carnesville Railroad 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

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stock shall be paid in cash, or that which such persons deem its equivalent, in installments as called for by the Board of Directors. Provided, that said company shall not have the right to condemn any land except for right-of-way and terminal facilities; and, provided further, that said company shall not take or use any public road or street without the consent of the county or municipal authorities, as the case may be. Books of subscription. SEC. III. Be it further enacted, That the capital stock of said corporation shall be three hundred thousand dollars, with the privilege, by a majority vote 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 fifteen thousand dollars has been bona fide subscribed on the books of said corporation. Authority to commence work. 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 written 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. Transfer 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 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 Board of Directors. SEC. VII. Be it further enacted, That the provisional Roard 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 Smithonia, in the county or Oglethorpe, State of Georgia, which meeting, when assembled, shall proceed to elect a permanent Board of Directors, a majority of the stock voting being necessary to a choice. Permanent organization. SEC. VIII. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors, to consist of

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five persons, unless enlarged by a vote of stockholders; 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, or by at least thirty days' written notice to each stockholder, as may be provided 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, and may appoint one person to two or more offices when desired by said Board of Directors. They shall have authority, under such restrictions as may be provided by a majority vote 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 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 offices 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. At any meeting of all the stockholders notice of meeting may be waived and any business transacted. Board of Directors. How elected. Their powers. Authority to issue bonds. 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 and expenses 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

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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. Forfeiture of stock. SEC. X. Be it further enacted, That the principal office of said corporation shall be at Smithonia, in Oglethorpe county, Georgia, but said corporation shall have power and authority to establish branch offices for the transfer of stock or the transaction of its business in such other places as the directors may deem best for its interest; and all 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. SEC. XI. Be it further enacted, That said corporation shall have authority to construct, purchase, own, operate and maintain a main line of railroad from some point at or near Smithonia, in the county of Oglethorpe, State of Georgia, through or into the counties of Madison, Franklin and adjoining counties, by such route as may be decided upon by its Board of Directors, to some point at or near Carnesville, in said Franklin county, this State; 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 two 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, just and adequate compensation being first paid of tendered; and shall have power to issue stock, borrow money, issue bonds, and secure the same by mortgages or deeds of trust, as hereinbefore provided for, and to alter or change said route by a majority vote of the directors. Route. Right-of-way. 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 hereinbefore 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, town or place through or near which its said railroad may

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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; Provided, no right-of-way shall be acquired by condemnation till just and adequate compensation shall have first been paid; and in the event said 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, towns or places, a distance not to exceed three miles, 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; but no right-of-way, for any distance, shall be condemned except when actually necessary to carry out the purposes of this charter. May cross other roads. Proviso. 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 lands or rights-of-way, necessary or proper for the construction or connection of its said railroad, and its branches or extensions, as may be necessary or proper for it to reach its freight or passenger depots in any city, town or place 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 sought to be taken, or the right-of-way or track sought to be used, shall choose another as his, her or its 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 track sought to be used, should fail or refuse to make such choice, or select some one to represent his, her or its or their interest, or should be an insane person, lunatic, idiot or minor, or

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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 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 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 decree or judgment 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, 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 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 of hearing and trying said case in the Superior Courts and

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in the Supreme Courts, as provided for cases at common law. No property shall be taken or damaged, without just and reasonable compensation being first paid, or tendered, as herein above provided. 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 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 an insane person, lunatic, idiot or minor, or under disability from any other cause, and have no legal representative, then, and in that event, said sum so awarded or found due by said corporation for the land so taken shall be paid to the Ordinary, and he shall cause the same to be invested for the use of such owner or owners, and to this end he shall appoint such guardian or other legal representative to take, hold manage and control such fund as is usual, necessary or proper; and said right-of-way and right to use such track shall vest in said corporation as fully and completely as if the same had been purchased or acquired by contract with the consent of the owner thereof. Disputed right-of-way. Assessors. Proviso. Award. Appeal. Where there is no appeal. 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, as may be considered and deemed for the best interest of the companies consolidating or the system formed by such consolidation may be effected by its directors in such manner and on such terms and conditions and under such name and style as the stockholders by a majority vote 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; 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 said consolidated company

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maintains in this State an office or offices, and agent or agents upon whom process may be served; Provided, no consolidation authorized by this section shall have the effect or be intended to have effect to defeat or lessen competition or encourage monopoly. Authority to consolidate. Management of consolidated company. 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 (XIV), or to guarantee or endorse such bonds or stocks 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 State or any other State, to purchase, use, or lease the road, property and franchises of this company or of any company formed under section XIV (fourteen) 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 any company formed under section XIV (fourteen), to subscribe to or to 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 franchise, 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. Other roads are authorized to hold stock of this company. Proviso. SEC. XVI. Be it further enacted, That this charter and the privileges herein contained shall become null and void unless five miles of said road is completed in five years; Provided, that this charter shall be in full force and effect for the term of fifty years. Forfeiture 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 November 13, 1889.

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INCORPORATING THE HIAWASSEE RAILROAD COMPANY. No. 818. An Act to incorporate the Hiawassee Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That H. S. Chamberlain, of Chattanooga, Tennessee; Jno. A. Hart, of Chattanooga, Tennessee; J. H. Hardwick, of Cleveland, Tennessee; Herbert R. Smith, of New York City; J. W. Cooper and Henry E. Colton, of Murphy, North Carolina; W. H. McClure and Geo. T. Hine, of Clay county, North Carolina; W. R. McConnell and M. L. Kimsey, of Towns county, Georgia, and their associates, successors or assigns, are hereby created a body politic and corporate, under the name and style of the Hiawassee Railroad Company, for the purpose of constructing a main line of railroad with one or more tracks, standard gauge, from some point to be designated by the company on the boundary line between the States of North Carolina and Georgia, at or near the town of Hiawassee, in Towns county, to some point on the Atlanta and Charlotte Air Line Railroad, at or between Gainesville, Georgia, and to or at [Illegible Text] or Lula, or such other point between the same as surveys and expediency may determine to be most eligible, with power to construct such other local lines or branches as may be deemed necessary to reach mines, quarries or forests; and also to construct said railroad in sections, and operate the same as constructed. But the general direction of said road shall not be within ten miles of another railroad, nor shall that of any of its branches. Corporators. Corporate name. Route. SEC. II. Be it further enacted, That the capital stock of said company shall be at the rate of twenty-five thousand dollars per mile of road located or determined to be constructed, or the full sum of one million dollars, as the corporators herein named, or a majority of them, in person or by proxy assembled, shall determine and fix; but may be increased, for the purpose of extending the main line or building branches, to such sum as a two-thirds vote of the stockholders, represented in person or by proxy, shall determine. That said corporation, by its name, may sue and be sued, plead and be impleaded in any court of the State of Georgia, and may have and use a common seal; shall be capable of purchasing, holding, leasing and conveying estate, real and personal and mixed, and acquire the same by gift or devise, so far as may be necessary for the purposes herein contemplated; and the said company may make all necessary by-laws and regulations for its government, not inconsistent

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with the Constitution and laws of Georgia and the United States. The officers of said corporation are further empowered and authorized to make contracts with any person or association for the construction and equipment of the whole line or any part thereof, such part or the whole sum thereof being taken in stock and bonds of the company; and, for the accomplishment of this end, the said corporation may authorize, and its agents or officials execute, a mortgage and issue bonds upon the main line, and such lines or branches as may be determined to be constructed, at a rate not to exceed twenty-five thousand dollars of first mortgage bonds, and second mortgage, income or equipment bonds not to exceed fifteen thousand dollars to the mile of road determined to be built. Capital stock. General powers. Authority to issue bonds. SEC. III. Be it further enacted, That the capital stock of this company may be created by subscriptions on the part of individuals and other corporations in shares of the value of one hundred dollars each, and, in payment of such subscriptions, may be received bonds, franchises, land, services, labor, bonds or stocks of other corporations or companies, and such other equivalents as a majority of the said corporators, represented in person or by proxy, may direct, or may be directed by a majority of the Board of Directors of said company, elected to succeed said corporators. Payment of subscriptions. SEC. IV. Be it further enacted, That on call of any three of the above named corporators, after twenty days' notice, personal or by advertisement, the said corporators, or a majority of them, represented in person or by power of attorney, shall meet and direct books of subscription to be opened in any or all the places above named, viz: Chattanooga, Cleveland, Murphy, Haysville, Hiawassee, Towns county, Georgia, [Illegible Text] Lula or Gainesville. Notice having been given to have such opening in said call, it shall be the power and right of any corporator who cannot attend, to delegate his authority, and give written power of attorney for his vote or name to any other corporator, and the same shall be as if he were present in person; and when said books are opened, and the sum of fifty thousand dollars has been subscribed, and two per cent. paid thereon, in cash or the equivalent hereinbefore stated, the said books of subscription may be closed until further orders of the stockholders of record, or of the Board of Directors, who shall be elected by said stockholders. Books of subscription. SEC. V. Be it further enacted, That said company may hold annual meetings of the stockholders, and oftener if necessary; and at its organization, and annual meetings subsequent thereto, nine directors shall be elected by the stockholders, to hold office for one year, or until their saccessors shall be elected; and any of the

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meetings shall have power to make or alter the by-laws of said company; Provided, that in all such meetings of the stockholders, a majority of the stock is represented, in person or by proxy, which said proxy shall be verified in the manner prescribed by the by-laws of the company, and each share there represented shall be entitled to one vote on all questions. That it shall be the duty of the directors to elect one of their number as President of the company, and to fill all vacancies in the board. Election of officers. Proviso. President. SEC. VI. Be it further enacted, That after the company shall be organized as aforesaid, the Board of Directors shall proceed to locate and have constructed as speedily as possible, on the route they may find most practicable, a railroad from and to the points indicated in section 1 of this Act, to be fixed by them; that said company shall have exclusive right of conveyance or transportation of person, goods, merchandise and product on the said railroad to be by them constructed; that the said company may assign or lease their franchises or the right of transportation on said road to any person or persons or corporation; Provided, that no such lease or consolidation or transfer of this charter shall be made until at least ten miles of said road is completed and ready for rolling stock; Provided, that no transfer of franchises or rights shall be made that will have the effect to defeat or lessen competition. Traffic privileges. Authorized to lease. Proviso. SEC. VII. Be it further enacted, That the company shall have the right, when necessary, to conduct the said road across or along any public road or water-course; but no road shall be destroyed or occupied without consent of the authorities having charge of such road. May cross roads or water courses. SEC. VIII. In condemning property for right-of-way, said railroad may proceed under section 1689 (l) of the Code of 1882. Disputed right-of-way. SEC. IX. Be it further enacted, That the principal office of said company may be in Chattanooga, Tennessee, or some city of the State of Georgia, or in the city of New York; in that case, there shall be branch offices in Tennessee, North Carolina and Georgia. Principal office. SEC. X. Be it further enacted, That this charter and the powers and privileges herein granted shall become null and void if ten miles of said railroad has not been completed within five years; Provided, that no public road or street shall be taken without the consent of the county or city authorities, as the case may be; Provided further, that this charter shall be of force and effect for the term of fifty years. Forfeiture of charter. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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INCORPORATING THE SAVANNAH AND ISLE OF HOPE RAILWAY COMPANY No. 820. An Act to incorporate the Savannah and Isle of Hope Railway, Company, and for other purposes connected therewith. SECTION I. The General Assembly of the State of Georgia do enact, That J. H. Estill, Charles H. Dorsett, and such other individuals as they may hereafter associate with them, and their assigns, shall hereafter be a body corporate, under the name and style of the Savannah and Isle of Hope Railway Company, and by such corporate name shall be capable in law to buy and hold real and personal estate for railroad purposes only; make contracts, sue and be sued, make by-laws, and do all lawful acts incident to a corporation and necessary and proper for the transaction of the business of said railroad company for which it is to be incorporated; and to have and to use a common seal, and to alter and destroy said seal at pleasure. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That the capital stock of said company shall be twenty-five (25) thousand dollars, divided into shares of one hundred (100) dollars each, but may be increased to three hundred thousand (300,000) dollars, or any intermediate sum by the Board of Directors whenever such increase shall be found necessary for the extension or improvement of the road-bed, depots or equipment of said railroad company; and said railroad company may issue mortgage bonds to an amount not exceeding the actual cost of the road-bed, and depots and equipment belonging to said corporation. Capital stock. SEC. III. Be it further enacted, That the said corporation be, and is hereby authorized and empowered to make contracts, build and maintain a railroad for the transportation of produce, merchandise and passengers, of suitable width and dimension, by the most convenient and direct route from a point within or adjacent to the limits of the city of Savannah to such a point at the Isle of Hope as may be acquired for a terminus, with the privilege of constructing branches from its main line to Thunderbolt, White Bluff and Rose Dew, with the further privilege of constructing a street railroad through the following streets: West Boundary, Gwinnett, 12th, New Houston, and through South Avenue, Estelle Avenue, Waters' Road, Lovers' Lane, and through Anderson, Price, Broughton, West Broad, Bay and Mills streets on such terms and conditions as may be consented to by the City Council of Savannah

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and said company; Provided, however, that if said company shall fail to commence work within six months and complete its track within two years from the date of said grant upon any of the aforesaid streets, avenues, lanes or roads that may be granted them by the City Council, then said grant shall lapse, and shall become void; shall have the right to buy or lease any other road now built or that may hereafter be built; and, further, to construct such turnouts and branches as shall be advantageous to said main line and the improvements of the company; paying to the owners of the lands through which said main line and branches may pass a just indemnity, to be ascertained, as hereafter provided for when not otherwise agreed upon, for a right-of-way two hundred (200) feet in width, except upon the Isle of Hope, and upon said island the right-of-way shall not exceed sixty (60) feet in width, and its general location and direction shall not run parallel with the river front along the inhabited bluff known as Isle of Hope, unless at a distance of at least six hundred (600) feet from said river front, except through property whose owners consent thereto, on either side thereof, for the procurement of earth, timber, etc., and for necessary drainage, and constructing and maintaining for any land owner whose lands occupy both sides of the track, when required by the land owner, a suitable, proper and safe crossing at such a point in the land as such land owner may select. Route. Branch roads. Forfeiture of charter. Right of way. SEC. IV. Be it further enacted, That said railroad company shall have the rights set forth and be subject to the terms of section 1689 (l) of Code of 1882. Additional powers. SEC. V. Be it further enacted, That when the said railroad, or its branches, shall intersect any public road, the company shall be bound to construct and maintain thereafter a safe and substantial crossing or bridge-way over or across its tracks on said public road for vehicles, etc., to cross thereover. Crossings. SEC. VI. Be it further enacted, That the said company shall be entitled, the consent of the municipal authorities having been first obtained, to operate said railroad by steam, electricity, horse power, lever power, or by any other equally safe and sufficiently speedy motive power now known or hereafter discovered, and shall have the exclusive use of said railroad for their cars or other conveyances. And if said company shall permit or suffer others to use the same, it shall be entitled and empowered to receive and collect such toll for the use of the same as may be fixed by said company. Motive power. SEC. VII. Be it further enacted, That said corporation, as soon as ten (10) per cent. of the capital stock shall have been paid in, shall elect a Board of Directors, who shall elect at their first meeting

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after such organization, one of their number as President, who shall receive such compensation as the Board of Directors may determine; the term of office of the President and directors as aforesaid, and the manner and form of all subsequent selection of directors, and the number of votes of said directors and the number of votes to which stockholders shall be entitled, shall be fixed and established by the by-laws, rules and regulations of said corporation, to be framed by them as provided in the first section of this Act. Authority to organize SEC. VIII. Be it further enacted, The Board of Directors may call for further installments on each share whenever necessary for the interest of said company, not to exceed one hundred (100) dollars in all on each share, giving at least ten (10) days' notice in the public gazettes of the city of Savannah of such call; and any and all stockholders failing to pay any installment so called for for thirty days after the time designated by such call, shall forever forfeit his stock in said company and all payments which he may have heretofore made, and the stock so forfeited shall vest in and become the property of said company, to be disposed of as the Board of Directors thereof shall determine. Payment of subscriptions. Forfeiture of stock. SEC. IX. Be it further enacted, etc., That certificates of stock shall be issued to the stockholders on the payment of the sum required at the time of the subscription, which shall be transferred on the books of the company only, and by personal entry of the stockholder or his legal attorney or representative authorized for that purpose. Transfer of stock. SEC. X. Be it further enacted, That the said company shall have full authority to carry such railroad or any branch thereof over, to, and across all or any islands, marshes, rivers, creeks and water courses that may be in the route thereof, by any suitable bridges or proper means; Provided, that when such railroad or its branches shall cross any navigable streams or water courses, the same shall not be so constructed as to impede the navigation thereof; Provided further, the said company shall first obtain the consent of the county authorities thereto. May cross streams. Proviso. SEC. XI Be it further enacted, That this charter shall continue for the term of thirty (30) years from the date of the passage of this Act. Term of charter. SEC. XII. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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AMENDING THE CHARTER OF THE CATOOSA SPRINGS COMPANY. No. 821. An Act to amend an Act incorporating the Catoosa Springs Company, with power to construct a railroad, approved October 24, 1887, so as to authorize said company to use a part of the right-of-way of the Western and Atlantic Railroad in constructing and laying the track of their railroad. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act incorporating the Catoosa Springs Company, with power to construct a railroad, approved the 24th day of October, 1887, be, and the same is hereby, amended so as to authorize said company to use a part of the right-of-way of the Western and Atlantic Railroad, between some point at or near the depot of the Western and Atlantic Railroad at Ringgold, Catoosa county, and a point at or near the first railroad bridge across Chicamauga Creek, on said railroad, south of Ringgold, for the purpose of constructing and laying the track of the railroad authorized to be constructed and built by the Catoosa Springs Company, as provided in the original Act incorporating such company; Provided, nothing in this Act contained shall be so construed as to give said company the right to so construct and lay the track of said railroad as will in any manner obstruct or interfere with the track of the Western and Atlantic Railroad, or with any repairs that may be required to be made thereon at any time hereafter; and, provided further, the right to use a part of the right-of-way of the Western and Atlantic Railroad, between the depot at Ringgold and the first railroad bridge across Chicamauga Creek, shall be limited to the use of not more than one-half mile of said right-of-way in a continuous line; Provided further, that before the said company shall have the authority to use any part of the right-of-way or property of the Western and Atlantic Railroad, just and adequate compensation shall be first paid to the State. Amends original charter. Proviso as to track of W. A. R. R. SEC. II. Be it further enacted, That in order to determine the question of what is just and adequate compensation to be paid to the State, the provisions of the Act incorporating the said company as to condemnation shall apply, the Governor to represent the State in the selection of assessors; and the right of appeal from the award of the assessors shall also be as is provided in said Act, the Governor to represent the State for that purpose also;

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Provided, that in no event shall any part of the right-of-way of the Western and Atlantic Railroad be condemned where it will in any way interfere with the perfect operation of said Western and Atlantic Railroad; Provided, that this company shall pay to the legal authorities in control of the Western and Atlantic Railroad, or the State of Georgia, a just and reasonable compensation annually so long as they may use said right-of-way; Provided further, that the Catoosa Springs Railroad Company shall not occupy the right-of-way so as to prevent the laying of a double track between Catoosa Station and the town of Ringgold. The compensation for the use of right-of-way to be determined by arbitration. Governor to represent State. Proviso as to right-of-way W. A. R. R. 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 November 13, 1889. INCORPORATING THE SIMMONS SHORT LINE RAILROAD COMPANY. No. 825. An Act to incorporate the Simmons Short Line Railroad Company, and to grant certain powers and privileges to the same, and to authorize said road to consolidate its road with any other roads 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 authority of the same, That Arthur H. Simmons, M. Nusbaum, P. E. Green, John Smith and E. G. Simmons, and such other persons as may associate themselves with them, are hereby constituted a body corporate and politic, by the name and style of the Simmons Short Line Railroad Company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase, receive, have, hold, use, possess and enjoy real and personal property which they may deem necessary and proper for said railroad company. Corporators. Corporate name. SEC. II. Be it further enacted, That the capital stock shall be divided into shares of one hundred dollars each, and shall not exceed the sum of fifty thousand dollars. Capital stock. SEC. III. Be it further enacted, That said company shall have power and authority to organize a Board of Directors, to continue in office until there shall be a regular election under the provisions

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of this charter and by-laws of said company; to open subscription books for the capital stock of said company, and that the charter hereby granted to them shall continue to their use, or the use of their successors, for the term of fifty years. Provisional Directors. SEC. IV. Be it further enacted, That said company shall have power and authority to survey, lay out, construct, operate a railroad from the town of DeSoto, Sumter county, to the town of Chookee, Lee county, and to any point in the county of Lee, and through the counties of Worth or Dougherty to some point on the Brunswick and Western Railroad, all in the State of Georgia, by any convenient and practicable route which may be selected, and to transport and carry over said railroad passengers and freight for reasonable compensation. Route. SEC. V. Be it further enacted, That when the sum of ten thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, by publication in some newspaper, give twenty days' notice of a meeting of the subscribers to the capital stock of said company, to be held at such place as may be designated in said notice, for the purpose of electing, from their own number, a board of not less than three directors to manage and control the business of said company for two years and until their successors are elected and qualified; and such Board of Directors, as well as those Boards of Directors that may be thereafter elected, shall select from their number a President, and shall have power to make and adopt by-laws for the government and control of the board and company, and appoint and employ such agents, officers and servants as may be deemed proper by said Board of Directors. Authority to organize. Board of Directors. SEC. VI. Be it further enacted, That in the election herein provided for, each subscriber to the capital stock of said company shall be entitled to one vote for every share of stock subscribed by him or her, or which he or she may represent as proxy, by power of attorney. Voting stock. SEC. VII. Be it further enacted, That questions of right-of-way that cannot be settled by agreement between the parties, shall be arbitrated under the privisions of the general law in force at the time of arbitration; provided, nevertheless, the said right-of-way shall not extend more than fifty feet from the center of the track on each side of said railroad. Provided, that no land shall be taken or used by said company for right-of-way, depot and terminal facilities, without first paying to the owner thereof reasonable and just compensation therefor. Disputed rights-of-way. Must be paid for.

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SEC. VIII. Be it further enacted, That said company shall have full power and authority to run over or cross any railroad or public roads in said counties, and have the use of such public streets in any town through or in which it may run its tracks, as located and determined by the engineers of said company, and which may be granted them by the corporate authorities of said towns, or acquired by them by purchase under the law. Provided, that no public road or street shall be taken or used by said company without the consent of the county or municipal authorities, as the case may be. Authority to cross other roads Proviso. SEC. IX. Be it further enacted, That said company shall have power and authority to receive land or other property as part payment of the capital stock, at such valuation as may be agreed on, under the rules, regulations and by-laws of said company. Payment of subscriptions. SEC. X. Be it further enacted, That said company may contract, loan, borrow money, mortgage its property, real and personal, and the franchise, and to do and perform any act that may be to its advantage, not inconsistent with the laws of this State. Loans and mortgages. SEC. XI. Be it further enacted, That said railroad company shall have power to consolidate its road with any railroad in the State of Georgia, as it may deem to its best interest; Provided, that said consolidation shall not have the effect or be intended to have the effect to encourage monopoly or defeat or lessen competition. Authority to consolidate. Proviso. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING THE FLORIDA, DAWSON AND NORTHERN RAILROAD COMPANY. No. 839. An Act to incorporate the Florida, Dawson and Northern Rail-Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That R. L. Bennett, F. A. Ruggles and B. H. Hood, their associates, successors and assigns, are hereby constituted a body corporate under the name and style of the Florida, Dawson and Northern Railroad Company, for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and property, and by and under that name shall have, hold

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and enjoy the franchises, rights and privileges hereinafter provided, and be capable in law to purchase, hold and enjoy such property, real, personal and mixed, as may be necessary and proper for the uses and purposes of the said company, and to grant, sell, mortgage and dispose of the same at pleasure; to sue and be sued; to have a corporate seal, and to alter the same at pleasure; to contract and be contracted with, and to make such by-laws as may be necessary for the government of said corporation. Corporators. Corporate name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That said railroad shall begin at some point on the boundary line between the States of Georgia and Florida, within either of the counties of Decatur, Thomas or Brooks, and run thence to Dawson, Georgia. Route. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of the said company shall be five hundred thousand (500,000) dollars, divided into shares of (100) one hundred dollars each; which said capital stock may be increased from time to time under such rules and regulations as may be prescribed by the President and directors of said company. Capital stock. SEC. IV. Be it further enacted by the authority aforesaid, That all the business of this corporation shall be transacted under the control of a Board of Directors of such persons as shall be determined by the shareholders representing a majority of the capital stock, and who shall, from their number, elect a President, Secretary and Treasurer. The following persons shall constitute the first Board of Directors, to-wit: R. L. Bennett, F. A. Ruggles and B. H. Hood, until a stockholders' meeting shall be called by a majority of said Board of Directors for the purpose of electing a new Board of Directors; and in case at any time of a vacancy occurring in the Board of Directors, either by death, resignation or other cause, then shall the majority of the remaining directors elect from among the stockholders such person to fill said vacancy as they may deem proper. Management. Provisional Directors. SEC. V. Be it further enacted by the authority aforesaid, That the said Florida, Dawson and Northern Railroad Company may charter, own and sail steamships and other vessels in connection with said railroad to any part or parts of the West Indies, or South or Central America, or of the United States; and such line or lines of steamships or other vessels shall be considered to be an integral part of said railroad, and in connection with said railroad shall constitute one continuous line for the transportation of freight and passengers. Navigation privileges. SEC. VI. Be it further enacted by the authority aforesaid, That the said Florida, Dawson and Northern Railroad Company shall

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have power to survey, locate, construct, make, build, maintain, equip, use and operate a railroad and telegraph line to and from the points named in section 2, and to purchase, lease, build and operate such branch and lateral lines of railroad, not to exceed twenty (20) miles in length, as may be necessary for its welfare, and to purchase, accept, have, hold, lease and convey any property, real, personal or mixed, and to erect such buildings, depots and shops, and to operate such machinery, and do such other things as it may deem proper for its advantage and benefit. Telegraph line and branch roads. SEC. VII. Be it further enacted, That said railroad company shall have power to condemn to its use any and all lands or right-of-way, not to exceed one hundred feet in width, necessary or proper for the purposes of its incorporation, and shall have power to cross and bridge any navigable stream in the line of its route, care being taken that said bridge shall not be constructed so as to unnecessarily impede navigation; and to condemn any of the property mentioned in this section, the same proceedings shall be had as is now or may hereafter be provided by general law for condemnation of property. Right-of-way. SEC. VIII. Be it further enacted, That the said railroad company shall have power to receive lands or other property as part payment of the subscription of capital stock, at such valuation as may be agreed upon under the rules, regulations and by-laws of said railroad company. Payment of subtions. SEC. IX. Be it further enacted, That the said railroad company, through its incorporators or Board of Directors, may contract loans, issue bonds, borrow money, mortgage its property, real, personal and mixed, and the franchises, and consolidate the stock, property, real, personal and mixed, rights, powers, privileges and franchises with any connecting railroad; Provided, such consolidation does not defeat or lessen competition; nor shall any consolidation or transfer of these chartered privileges be made until at least twenty miles of said road have been completed and been made ready for rolling stock. Authority to issue bonds. Proviso. SEC. X. Be it further enacted, That no rights shall vest under this Act unless the construction of the said railroad shall be commenced within two years from the date of passage of this Act, and if twenty miles of this road have not been completed and been made ready for rolling stock in five years, this charter shall be null and void. Forfeiture of stock. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved November 13, 1889.

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INCORPORATING THE VALDOSTA AND OCEAN POND DUMMY LINE RAILROAD COMPANY. No. 844. An Act to incorporate the Valdosta and Ocean Pond Dummy 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, J. A. Dasher, Sr., J. A. Dasher, Jr., D. A. Wisonbaker, C. R. Ashley, and such other persons and incorporators as are or may be associated with them, their successors and assigns, be, and are hereby, created a body politic and corporate, under the name and style of the Valdosta and Ocean Pond 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 hereinafter prescribed; may make contracts, have and use a common seal, and do other lawful acts properly incident thereto and connected therewith, and necessary for the control, promotion and transaction of its said business. Corporators. Corporate name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That said company shall have power and authority to survey, lay-out and construct and build a railroad from the city of Valdosta, in Lowndes county, in the most direct and practicable route to be judged of by them, to Ocean Pond, in said county, and from there to the Florida line, there, at the option of the company, to connect with a line of railway projected by a company incorporated by an Act of the State of Florida, and under the style and name of the Tobacco Belt Line of Florida. Route. SEC. III. Be it further enacted by the authority of the same, That the capital stock of said company shall no bet less than fifty thousand dollars, to be divided into shares of one hundred dollars each, but with the privilege at any time of increasing said capital stock to one million dollars, whenever it may be deemed expedient by a majority of the Board of Directors of said corporation so to do. Capital stock. SEC. IV. Be it further enacted, That the officers of said corporation shall consist of a President, Vice-President, Secretary and Treasurer, and such other officers as may be deemed advisable, and not less than three directors, to be chosen at such time and in such

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manner as is hereinafter prescribed. Said company, through its Board of Directors, shall have full power and authority to borrow such sums of money as may be necessary for the construction of said road, and to issue mortgage bonds of the company, in such forms as the directors may prescribe, upon a part or the whole of its entire property and franchise, and may sell and dispose of such bonds according as the necessities of the company may require, and to secure and provide for the payment of the principal and interest of such bonds, and such other debts as the company may contract, and all such Acts of the Board of Directors of said company shall be valid and binding upon the same. Officers. Authority to issue bonds. SEC. V. Be it further enacted, That for the purpose of first perfecting an organization of said company, the corporators herein named and their associates or successors and assigns, a majority of whom shall constitute a quorum, shall proceed to elect a President, Vice-President, Secretary and Treasurer and such other officers as may be advisable, together with a board of not less than three directors; that the board thus organized shall hold for twelve months from the date of organization; that for the subsequent Boards of Directors an election shall be held every twelve months by the stockholders in said company, each stockholder being entitled to one vote for each share of his stock, to be cast personally or by proxy legally executed. The board thus elected shall continue in office until their successors are elected, and at their first meeting and annually thereafter, shall elect from their number a President, who shall preside at all meetings of said board, and in his absence the Vice-President shall preside, and in the absence of the Vice-President the directors shall appoint a chairman, who shall preside. In all meetings a majority of the directors shall constitute a quorum; that the Board of Directors shall be authorized to open books to the capital stock at such time and place as they may indicate; and the stock when subscribed shall be payable at such time and in such installments as the board may decide. Provisional Directors. President. SEC. VI. Be it further enacted, That in all cases where a question of right-of-way arises, each party shall select one fair and impartial appraiser, those two shall then select a third, who together shall appraise the land taken and also the damages, each reserving the right of appeal to the Superior Court of the county in which the land is situated. Disputed Right-of-way. SEC. VII. Be it further enacted, That the said company shall be, and is hereby, authorized to cross roads, construct bridges over rivers, creeks, etc., and cross the same, not obstructing the free passage of same at any time. May cross other roads, etc.

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SEC. VIII. Be it further enacted, That the President and directors of said company shall be authorized to call for installments on subscriptions to stock, as they may from time to time deem necessary; to enforce the collection of same, or to declare the stock of the delinquent forfeited if such stockholder fails to comply with the conditions of his subscription, or to do such other acts as may be deemed best for the good of the company; Prorided, only so much of such stock shall be forfeited as may be necessary, at the market price, to the amount of the stockholder's unpaid stock. Payment of subscriptions Proviso. SEC. IX. Be it further enacted, That said company shall be empowered to organize at once, but that the construction of the road shall not commence under this charter until forty thousand dollars shall have been bona fide subscribed to the capital stock of said company and seventy-five per cent. of the amount actually paid in, and if this road is not completed within five years from the date of passage of this Act, then this charter hereby granted is to be forfeited. Forfeiture of charter. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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TITLE II. BANKS, LOAN AND TRUST COMPANIES. ACTS. Incorporating the Chatham Dime Savings Bank. Amending charter of the Oglethorpe Savings and Trust Company. Incorporating the Georgia Loan. Savings and Banking Company. Incorporating the American Loan and Banking Company. Incorporating the South Georgia Bank. of Waycross. Incorporating the Perry Loan and Savings Bank. Incorporating the Merchants' Bank of Milledgeville. Amending charter of the Georgia Security Investment Company. Amending the charter of the Hartwell Loan and Savings Bank. Incorporating the Bank of Vienna. Incorporating the Planters' Loan and Banking Company. Incorporating the American Trust and Banking Company. Incorporating the Bank of Fort Gaines. Incorporating the Brunswick Savings and Trust Company. Incorporating the Piedmont Loan and Banking Company. Incorporating the Union Savings Bank and Trust Company. Incorporating the Citizens' Bank of Eastman. Incorporating the Merchants' and Traders' Bank of Brunswick. Amending the charter of the Merchants' Bank of Macon. Incorporating the Brunswick State Bank. Incorporating the Farmers' Banking Company of Spalding County. Incorporating the Savings Bank of Griffin. Incorporating the Germania Savings Bank. Incorporating the Commercial Bank of Cedartown. Incorporating the Brooks Alliance Banking Company. Incorporating the Bank of Trenton. Incorporating the Fulton Loan and Banking Company. Incorporating the Toccoa Banking Company. Incorporating the Laborers' Loan and Savings Bank. Incorporating the Bank of Blakely. Amending the charter of the Macon Savings Bank. Amending the charter of the Merchants' and Mechanics' Banking and Loan Company. Incorporating the Bank of Camilla. Incorporating the Hobbs and Tucker Banking Company, of Albany. Incorporating the Georgia Banking and Trust Company, of Milledgeville. Incorporating the Baldwin County Building and Loan Association and Banking Company. Amending charter of the Traders' Bauk of Atlanta. Amending the charter of the South Georgia Bank, of Waycross.

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Incorporating the Bank of Dahlonega. Incorporating the Georgia Installment Banking Company. Incorporating the Bank of Dawsonville, Georgia. Incorporating the People's Banking and Trust Company of Atlanta. Incorporating the Southern Loan and Banking Company. Incorporating the Cotton Mills Bank, of Newnan. Incorporating the Georgia Banking and Trust Company. Incorporating the Rome Banking and Trust Company. Incorporating the Atlanta Dime Savings Bank. Incorporating the People's Savings Bank, of Rome. Incorporating the Georgia Security and Banking Company. Incorporating the Farmers' Banking, Loan and Trust Company, of Jackson county. Incorporating the Southern Mutual Banking and Trust Company. Incorporating the Home Loan and Banking Company, of Atlanta. Incorporating the Southwest Exchange and Banking Company. Incorporating the Bank of Smithville. Incorporating the Metropolitan Savings and Loan Company. Incorporating the State Savings and Banking Company. Incorporating the Bank of Sparta. Incorporating the Empire Building, Loan and Trust Company. Incorporating the Albany Loan and Investment Company. Incorporating the Whitfield Bank of Tunnel Hill. Incorporating the Bank of LaFayette, Georgia. Amending charter of the Germania Loan and Banking Company. Incorporating the Finance Banking Company, of Atlanta. INCORPORATING THE CHATHAM DIME SAVINGS BANK. No. 179. An Act to incorporate The Chatham Dime Savings Bank with power to do a banking business, act as agent, assignee, receiver, executor, administrator and trustee, with its principal office in the city of Savannah, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Richard D. Guerard, John W. Fretwell, Chas. R. Herron, John M. Guerard, Max L. Byck, Thomas Daniels, C. S. Ellis, L. Adler, Beirne Gordon, Sanford W. Branch, Robert P. Lovell, Gustave Fox, Wm. D. Harden, W. W. Chisholm, J. J. McGowan, W. J. Lindsey, F. M. Farley, John R. Young, D. Y. Daucy, D. C. Bacon, and their associates, successors and assigns, be, and they are hereby created a body corporate and politic under the name of The Chatham Dime Savings Bank, and by such name shall have the power to sue and be sued, plead and be impleaded, complain and defeud in any court of law or equity: to make, use, and, at pleasure, alter a common seal; to

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make and establish such by-laws, rules and regulations, not inconsistent with the laws of this State, nor of the United States, for the government of the incorporation and its incorporators, as it may deem proper; to contract and be contracted with; to receive, purchase, own, hold and use property, of all descriptions, real, personal and mixed, and the same to alien, convey, lease, mortgage and otherwise dispose of, and to receive the rents, incomes and profits thereof, and generally, to do each and every act requisite, necessary, expedient or convenient to accomplish the purpose of such corporation. Corporators. Corporate name. General powers. SEC. II. And it is hereby further enacted, by the authority of the same, That said corporation shall have power to do and transact a general banking business; to receive deposits of money, without liability for interest; to buy and discount notes, drafts, bills of exchange, checks, certificates, and other evidences of debt; to purchase, own, sell and hypothecate stocks; to lend money, and to take as security real estate, bonds, stocks, promissory notes, or any other security or thing of value; to borrow money and secure the payment of the same by deed or mortgage, and any written evidence of debt, and by any other security; to invest its funds in real estate, or in such other property, real, personal or mixed, as its Board of Directors, under its by-laws, may direct or determine; to buy and sell foreign and domestic exchange, and to make collections, and to charge and receive pay for the same. Banking powers. SEC. III. And it is hereby further enacted by the authority of the same, That said body corporate shall have power to receive deposits of money, and to contract to pay thereon such rate of interest as may be agreed on, not exceeding the rate fixed by law, and in the by-laws for the government of the corporation; may regulate, from time to time, the maximum and minimum amount of the deposits it will receive, the rate of interest to be paid generally and in particular cases, the manner and times of payment of interest, and the manner and times at which deposits may be withdrawn; and shall have power, in its discretion, to cause the interest on any deposit to cease; first giving not less than thirty days' notice to the depositor, personally or by publication, of the date on which its liabilities for interest shall cease, and such notice, if made by publication, may be made to apply either to one or more depositors, or to a particular class of depositors, or to depositors of amounts above or below a sum named, or to all of the depositors; but any depositor shall have the right to withdraw his deposit at the time so fixed for the cessation of interest, and if the bank should, after demand, fail or

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refuse to permit such withdrawal, the money so retained after demand, shall bear interest as if no such notice had been given. Deposits may bear interest. SEC. IV. And it is hereby further enacted by the authority of the same, That the said corporation shall have power to lend money, whether a part of its capital or deposits, on real or personal property, or such other security as it may see fit, at any rate of interest not exceeding the highest contract rate allowed by law at the time such loan shall be made, and may charge interest for the full time and include the same in the note or notes, or other evidences of debt given therefor, and collect the same by monthly or other installments. If the debtor shall so agree without any rebate of interest thereon and to secure any and all such loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgage, deed of trust, conveyance pledge, or other security, as it may deem proper. Loans and mortgages. SEC. V. And it is hereby further enacted by the authority of the same, That evidences of deposits made shall be given by the bank by means of pass-books, certificates, or in such other manner as it may prefer. Any deposits made by, or in the name of a minor, or in the name of a trustee, where the name of the cestui que trust is not coupled with the name of the trustee, shall be held for the exclusive right of the depositor, free from the control or lien of any other person whomsoever, except creditors, and the receipt or acquittance of such minor or trustee, as such, shall be a valid and sufficient release and discharge for such deposits, with any accruing interest so paid. Deposits for minors. SEC. VI. And it is hereby further enacted by the authority of the same, That in case of deposits on interest, the sum deposited, with accured interest, shall be paid to the depositors respectively, or to their legal representatives, after demand in such manner, and at such times, and after such previous notice, and under such regulations as may be prescribed by the Board of Directors, which regulations shall be printed in the pass-books, and shall be evidence between the bank and the person holding the same, of the terms on which the deposits are made, and the bank may refuse to receive a deposit, and may also, at any time, return all or any part of any deposit. Withdrawing deposits. SEC. VII. And it is hereby further enacted by the authority of the same, That said bank shall have the right to procure and establish safety boxes and vaults, and may let the same for hire, and collect such hire; said bank may also deposit its funds, as other depositors with any national bank, or with any other bank or banker, and may authorize any such bank or banker to receive for it any deposit,

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and pay out for it such moneys as it may direct. It shall also have the power by contract to occupy a part of the premises of any other bank, and use for its business, the vaults, safes, furniture, and fixtures of such other bank as may be agreed on. Safety boxes and vaults. SEC. VIII. Be it further enacted by the authority aforesaid, That said hereby created corporation shall have the power and authority to act as fiscal agent for any State, person or corporation, public or private, upon such terms and for such compensation as may be mutually agreed upon, not inconsistent with any of the laws of this State. Fiscal agent. SEC. IX. And it is hereby enacted by the authority of the same, That the principal place of business of said bank, and its principal office, shall be in the city of Savannah, county of Chatham, and State of Georgia. Principal office. SEC. X. And it is hereby further enacted by the authority of the same, That the capital stock of said corporation shall be one hundred thousand ($100,000) dollars, with the privilege of increasing the same to five hundred thousand ($500,000) dollars, by a vote representing two-thirds of the entire number of paid-up shares. The capital stock shall be divided into shares of fifty ($50) dollars each, and shall be transferable in such manner as may be prescribed by the by-laws; and each stockholder shall be individually liable to the creditors of the corporation to the extent of his or her unpaid subscription to the capital stock, and no more; and before the bank shall commence business, the full amount of ten thousand ($10,000) dollars shall be actually paid in. Stockholders may pay in full the amount of stock subscribed for, or may pay it in by installments of ten per centum each month for ten months, or by larger installments for a proportionate time; but in no case shall any stockholder receive any interest or dividends, or other payments or advantages, except pro rata upon the amount of money actually paid in upon such stock. If the first installment upon any share of stock shall remain unpaid for fifteen days after it shall have been called for by the directors, the person who is in default shall lose his right to said stock, and it may, without notice, be sold by the directors to any person applying for the same; and if any subsequent installment remains unpaid for thirty days after it shall have become due, the stock upon which such installment is so due shall be subject to forfeiture, sale or transfer in such manner as the by-laws of the corporation may provide. The said corporation shall have a lien upon all the stock of any stockholder for any indebtedness of such stockholder to it, and no transfer or assignment of such stock shall be valid, or operate to release it from such lien, until all such indebtedness

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is paid; such lien may be enforced as may be prescribed by the by-laws. Capital stock. Liability of stockholders. Installments. Forfeiture of stock. Liens. SEC. XI. And it is hereby further enacted by the authority of the same, That the affairs of the corporation shall be managed by a Board of Directors of not less than twelve, to be selected by the stockholders at such time and in such manner, and to serve for such term, as may be prescribed in the by-laws, which shall also provide what number shall be a quorum for business. The officers shall be a President and Vice-President, who shall be members of the Board of Directors, a Cashier, and such other officers and agents as may be determined upon and elected by the Board of Directors. Board of Directors Officers. SEC. XII. And it is further enacted by the authority of the same, That the term of this charter shall be for the full period of fifty (50) years. Term of charter. SEC. XIII. And it is further enacted by the authority of the same, That said corporation shall be responsible to all of its creditors to the extent of its capital, its stocks and its assets; and each stockholder shall be individually liable for all the debts of said corporation to the extent of his unpaid shares of stock, and the said stockholders shall be further and additionally individually liable equally and ratably and not one for another as sureties, to the depositors of said corporation, for all moneys deposited therein, in an amount equal to the face value of their respective shares of stock. It being the true intent and purpose of this section of the Act that as to depositors, for all moneys deposited with said corporation, there shall be an individual liability upon such stockholders in said corporation, over and beyond the par value of his original shares of stock, equal in amount to the face value of said shares of stock. Provided, that said liability of the stockholders shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank. Liability of stockholders. Proviso. SEC. XIV. And it is hereby further enacted by the authority of the same, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed, so far as they so conflict. Approved August 1, 1889.

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AMENDING THE CHARTER OF THE OGLETHORPE SAVINGS AND TRUST COMPANY. No. 186. An Act to amend section four of an act to incorporate the Oglethorpe Savings and Trust Company, and for other purposes connected therewith, approved December 18th, 1886, by striking out the word twenty, occurring twice in a clause in said section, declaring the qualifications of a director, and by inserting the word ten in place thereof, so as to provide that no person shall be eligible as a director, who does not own, in his own name, at least ten shares of stock, unpledged and unencumbered, and so as to provide further, that whenever it shall become known to the board that any director has ceased to become the owner of ten shares of stock, unpledged and unencumbered, the board shall, soon as possible thereafter, declare such person to be no longer a director, and shall fill the vacancy in said board, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of Georgia, That section four (4) of an act to incorporate the Oglethorpe Savings and Trust Company, and for other purposes connected therewith, approved December 18th, 1886, be, and the same is hereby amended by striking out the word twenty, occurring twice in a clause in said section, declaring the qualifications of a director, and by inserting the word ten in place thereof, so that said clause in section four (4), as hereby amended, shall read as follows: No person shall be eligible as a director who does not own, in his own name, at least ten 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 ten 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, and that the rest of said section four (4) shall remain as it is now. Amends section 4 of original charter. Directors must own at least ten shares of stock. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 5, 1889.

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INCORPORATING THE GEORGIA LOAN, SAVINGS AND BANKING COMPANY. No. 189. An Act to incorporate the Georgia Loan, Savings and Banking Company, of Atlanta, Georgia. SEC. I. Be it enacted by the General Assembly of Georgia, That W. T. Ashford, W. H. Inman, Stephan A. Ryan, George M. McKinzie, Joseph Gaitens, E. P. Black, Jno. W. Grant, Julius L. Brown, Albert Howell, Jr., and Henry A. Cassin, of said State, their associates and successors, are hereby constituted and declared to be a body corporate and politic under the name of the Georgia Loan, Savings and Banking Company, of Atlanta, Georgia, with power under this name to sue and be sued; to have and 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. Corporate name. 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 subseription to said stock, and to organize and commence business when five hundred shares shall have been subscribed, and the sum of twenty-five hundred dollars paid in on said stock. The said stock shall be paid for in weekly installments of not less than twenty-five cents on each share subscribed until the amount paid in 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. May be paid in installments. Proviso. SEC. III. Be it further enacted, That at the first meeting of the stockholders called by a majority of the incorporators, a board of nine directors shall be elected from among the stockholders; 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, and do and perform such other things as shall be delegated to them by the bylaws of said corporation. Board of Directors. SEC. IV. Be it further enacted, That said corporation shall have power, when one hundred thousand dollars have been paid in on said stock, to receive deposits, and do a general banking business,

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if the Board of Directors deem it to the best interest of said corporation to do so. Authorized to begin work. SEC. V. 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 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 to 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, or parts of the same in the note or notes, or other securities given therefore, and collect the same by installments, or otherwise, without any rebate of interest therein, if the debtor will so agree. Banking powers. SEC. VI. 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 times, 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 minors, 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 for investment. SEC. VII. 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 and grant assignment, transfer, demise or bequest, and hold any real or personal estate or trust, created in accordance with the law of this State, and then to execute on such terms as may be established or agreed upon by its Board of Directors; and said corporation is hereby fully authorized and empowered to act as trustees and assignees, and to receive all deposits and all funds in litigation in the various courts of this State, and to pay therefor such interest as may be agreed upon, not exceeding the lawful rate. It shall also have the power and authority

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to receive for safekeeping or deposit, all moneys, bonds, stocks, diamonds, gold, silver-plate, and all other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a lien upon such deposit until paid. Trust funds. Safety deposit. SEC. VIII. 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 the creditors of 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. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 8, 1889. INCORPORATING THE AMERICAN LOAN AND BANKING COMPANY. No. 193. An Act to incorporate the American Loan and Banking Company; to confer certain powers and privileges on the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That S. C. Dunlap, Henry Chase, Allen D. Candler, Robt. E. Green, John A. Smith, C. C. Sanders, Howard Thompson, K. L. Boone, F. T. Davie, William S. Williams, James R. Barnes, Geo. W. Walker, J. B. Estes, J. W. Bailey and B. J. Hulsey, their associates, successors and assigns, are hereby incorporated a body politic under the name of the American Loan and Banking Company, with perpetual succession, and with power, under this name, to sue and be sued, plead and be impleaded, contract and be contracted with; to have a common seal, which it may change at will, and to do all other acts necessary and proper to carry into effect the objects of this Act, and to transact the lawful business of this corporation. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of this corporation shall be one hundred thousand dollars, with the privilege of increasing the same to one million dollars upon vote of the directors so to do. The stock shall be divided into shares of one hundred dollars each, and the incorporators, or any two of them,

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are hereby authorized to open books and receive subscriptions to the capital stock at such time and place as they may deem expedient. All subscriptions to said capital stock shall be binding upon said subscribers, and upon their heirs, assigns and legal representatives, and shall be payable upon such conditions and at such times as the incorporators or directors may require. When there shall be twenty-five thousand dollars of said capital stock subscribed, and the sum of twelve thousand five hundred dollars paid in, this corporation may be organized in due form, and it may commence business under this Act. Capital stock. Authority to organize SEC. III. Be it further enacted, That the corporate powers of this corporation shall be vested in and exercised by a Board of Directors, of not less than five nor more than seven persons, all of whom shall be stockholders, and who shall serve until the next annual meeting of the stockholders, unless sooner disqualified, or until their successors shall be elected by a majority of the stock present and voting at any properly called meeting for the election of a Board of Directors. The directors shall have power to elect a President and a Vice-President from their body; to fill vacancies that may occur in their board; to elect a Secretary, Treasurer and all other officers, agents and attorneys necessary in the proper discharge of the business of the corporation, and to remove them whenever it is for the interest of this corporation to do so. The directors shall fix the salaries of persons employed by the corporation; name the amount of bonds of such officers or agents as are required to give bonds, and pass upon the same; fix the time and declare dividends; make suitable by-laws for the government of the corporation, and do all things necessary for the promotion and protection of its interests. It shall also be the duty of the directors to make quarterly reports to the stockholders of the financial condition of the corporation. Corporate powers. Board of Directors. Quarterly reports. SEC. IV. Be it further enacted, That this corporation shall have power to receive money on deposit, or for purposes of investment; to loan or borrow money on real or personal property, and on loans may charge interest for the whole time, and incorporate the same in the note or security given, and collect the same by installments or otherwise without rebate, if the debtor so agrees to buy, sell, discount or collect for itself or others, promissory notes, bills of exchange, bills of laden contracts, claims, receipts, rents, mortgages, bonds, stocks, securities, foreign and domestic exchange, and precious metals; to buy, sell, rent, improve, mortgage, lease, hold, operate and control any real or personal property in this or any other State or elsewhere, and to charge in addition to the legal rate

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of interest, such commissions as may be agreed upon for such services, and may also charge for abstracting titles and inspecting and reporting upon property offered as security. [Illegible Text] shall have power to execute and issue its own debentures, bonds, or other evidences of debt, singly or in series or classes of any denomination properly secured upon property placed with the corporation for said purpose, or upon property owned or held by it; to guarantee, insure or indorse without or for a valuable consideration, interest bearing loans, notes, bonds, debentures or other evidences of debt when this corporation is fully secured, and to negotiate the same. Banking powers. Authorized to issue bonds. SEC. V. Be it further enacted, That this corporation shall have power to accept and execute the office of agent, assignee, receiver or trustee of any kind, whether conferred by any person, firm, corporation or court of this State, or of any other State or of the United States. It shall also have the power to act as the fiscal agent of the State of Georgia or of any other State, county, town, city or corporation in receiving or disbursing money or other property, or for issuing, registering and countersigning bonds, certificates of stock or other obligations or for negotiating the sale of securities, bonds or other evidences of indebetness, and for such services it may charge such commissions and fees as may be agreed upon. Trusts. SEC. VI. Be it further enacted, That married women and minors shall be competent to make deposits with this corporation of money or other valuables, and their checks or receipts for same shall be a sufficient discharge to this corporation, and any contract made by them with this corporation as to said deposits shall be valid and binding in law. 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 of minors. SEC. VII. Be it further enacted, That this corporation shall have authority to receive, for safe deposit, storage or shipment, money, bonds, stocks and securities of all kinds, precious metals, goods, wares, merchandise and all other valuables, advance money on the same at lawful rates of interest, and to charge in addition reasonable compensation for the services rendered. Safe deposit. SEC. VIII. Be it further enacted, That the office of this corporation shall be in the city of Gainesville, Georgia, and the directors are hereby authorized to establish such other offices and agencies elsewhere, and to make such rules, regulations and requirements for their conduct and management, as they may deem advantageous to the interests of this corporation. Principal office.

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SEC. IX. Be it further enacted, That the powers, franchises and privileges granted by this Act to this corporation shall not be repealed or changed so as to affect its power to faithfully execute and carry out all trusts held by it, or contracts entered into by it, or so as to injure any interest committed to its care and management, without the consent of all the stockholders, creditors and persons interested. Franchises cannot be [Illegible Text] etc. SEC. X. Be it further enacted, That each stockholder shall be liable for all the debts of said corporation to the extent of his unpaid subscription; and in addition thereto, said stockholders are liable to its depositors only, equally and ratably, and not one for another, to an amount equal to the amount of stock owned by them at the time such deposit was made. Liability of stockholders. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby [Illegible Text] Approved August 9, 1889. INCORPORATING THE SOUTH GEORGIA BANK OF WAYCROSS. No. 198. An Act to incorporate the South Georgia Bank of Waycross. SECTION I. Be it enacted by the General Assembly of Georgia, That H. W. Reed, H. Murphy, Warren Lott, J. L. Sweat, Lemuel Johnson, Miles Albertson, W. A. McNeil, C. C. Grace, A. P. Brantley, B. S. Bullards, W. S. Fender and their associates, successors and assigns be, and they are hereby incorporated and made a body corporate and politic under the name of the South Georgia Bank of Waycross, 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 government of its officers and the conduct of its business, not in contravention of this charter or the law; to acquire and hold any property, real or personal, or choses in action by purchase, donation or satisfaction of any debt due to said corporation, or which may have been mortgaged or conveyed to said bank for moneys which may have been owing to it or advanced by it, and to control the same, and to hold or dispose of the same as in the opinion of the Board of Directors may seem best for the interest of the bank; to receive, acquire, use, own, hold property of any description as collateral

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to, or security for any moneys loaned or advanced by it, or in satisfaction thereof; and to alien, coavey, lease, rent, mortgage, sell, or otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property; to appoint and remove at the pleasure of the Board of Directors any and all officers and agents that said board may deem necessary or proper for the conduct and management of its business; and to do all acts and things necessary or convenient to properly carry into effect the objects and purposes of this Act; and to exercise in general all the powers incident to bank corporations, and necessary and proper for the transaction of the business for which it is incorporated. The said corporation shall be located in the city of Waycross, Ware county, Georgia. Corporators. Name. General powers. Location. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be ($50,000) fifty thousand dollars, divided into shares of ($100) one hundred dollars each, with the privilege of increasing the same at any time to any sum not exceeding ($500,000) five hundred thousand dollars, as may be deemed best by the Board of Directors; but no increase of capital stock shall be valid unless ratified by the consent in writing of the owners of two-thirds of the stock paid in. Said corporation shall have the authority and privilege to commence its said business so soon as fifty thousand dollars of said capital stock shall be subscribed and twenty-five thousand dollars actually paid in; and when fifty thousand dollars shall be subscribed and twenty-five thousand dollars paid in, the said corporators, or any one of them, may call a meeting of all the 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 the capital stock, at which time and place an election shall be held for a Board of Directors under the supervision of said corporators, at which election each one hundred dollars subscribed to the capital stock and fifty per cent. thereof paid in shall be entitled to one vote. The persons receiving a majority of the votes shall be declared duly elected, and the Board of Directors thus elected shall hold their offices until the regular annual meeting and until their successors are elected and qualified. Capital stock. Authority to commence business. Board of Directors. SEC. III. Be it further enacted by the authority aforesaid, That the annual or special meetings or conventions of the shareholders shall be had at such times and under such conditions and circumstances as may be fixed by the by-laws of the corporation, but no act of any convention shall be valid, unless a majority of the stock is represented; that at the annual meetings of the stockholders, the

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Board of Directors shall make, or cause to be made, full statements of the condition of the business of said bank, and at such other times as the owners of a majority of the stock may require. Annual meetings. Reports. SEC. IV. Be it further enacted by the authority aforesaid, That the business and corporate powers of the said corporation, The South Georgia Bank of Waycross, shall be vested in a Board of seven (7) Directors, to be elected by the stockholders at their annual meeting by a vote of the owners of a majority of the stock; but no person shall be elected a director of said bank, who shall not be a stockholder in said bank. Said Board of Directors shall elect from their number a President, and shall have power to appoint a Cashier, Assistant Book-keeper, Teller, Attorney and such other officers, agents or subordinates as in their discretion they may deem best; to fix the salaries of the President and all other officers and employes of the bank, and to remove all such officers, agents and employes at their pleasure, and to exercise all the powers of this franchise. The Board of Directors shall cause a minute of all its proceedings to be recorded in a book to be provided for that purpose, and the same shall at all times be subject to the inspection of any stockholder. All stockholders at all elections of this corporation, or other conventions of the shareholders, shall be entitled to one vote for every share of stock held or owned by such stockholder, and said vote may be given in person or by proxy duly appointed in writing. Executors and administrators shall be entitled to control the votes to which the testator or intestate would be entitled to if living, and the stock of minors shall be represented and controlled by their guardian. All votes shall be by ballot. A majority of the directors, including the President, or President pro tempore, shall constitute a quorum or the board for the transaction of business, which board shall have power to enact all laws or by-laws which may be deemed necessary or proper for the business of the bank, and may amend or repeal same, and may exercise all the powers granted by this Act to the said corporation; may fill vacancies in the office of President or director; may confer upon the President and other officers to be appointed such powers and authority as they may deem consistent with this Act. Officers. How elected. Record. Quorum. SEC. V. Be it further enacted by the authority aforesaid, That certificates of stock shall be issued to stockholders in such form and manner as the Board of Directors may prescribe. All transfers of stock shall be made in person, or by written power of attorney, in a book to be kept for that purpose. Transfer of stock. SEC. VI. Be it further enacted by the authority aforesaid, That the said corporation, the South Georgia Bank of Waycross, shall

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have power and authority to receive money on deposit, and to issue certificates of deposit therefor on lawful terms agreed upon; to loan and to borrow money, and to take and give therefor such securities as may be considered best; to make advances upon 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 and other articles of personal property of any sort or kind, including certificates of stock, choses in action, securities and other evidences of the same, or of titles thereto on deposit, or for safe keeping from any person or persons, as well as from executors, administrators, guardians, receivers, corporations, public and private officers, assigns, and all other fiduciaries, the South Georgia Bank of Waycross charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatsoever, mortgages, bonds, stocks, securities and evidences of debt generally, and to enforce the same in any court whatever; to do a general banking business; to buy, sell, rent, improve, mortgage, lease, or otherwise to have, hold, operate or control any real or personal property in this or any other State or territory; to receive deposits of money for investment purposes, on such lawful terms as may be agreed upon, and to issue certificates or receipts therefor; to negotiate, buy or sell for others, stocks, bonds, bills of exchange, promissory notes, rents, mortgages, deeds, choses in action, securities, real and personal property; to make or negotiate loans for others for any length of time, upon real or personal property in any State or territory in the United States, and to secure the same by mortgages, deeds, or otherwise; and for all such loans, said corporation, the South Georgia Bank of Waycross, shall have the power and authority to charge and collect therefor for expenses incurred and services rendered or procured to be rendered, in examining the property advanced upon, and in making investigations and abstracts of title therefor, and for reporting on and inspecting the property offered as security; to receive moneys in trust, or on deposit, and invest or accumulate the same at such rate of interest as may be agreed upon, not to exceed the lawful rate, and to accept and execute all such trusts of every description as may be committed to it by any person or persons, or corporations whatever. Investments. SEC. VII. Be it further enacted by the authority aforesaid, That all capital property and assets of said bank, including its unpaid subscriptions, shall be bound for the payment of its debts, and in addition thereto, the stockholders shall be liable individually and

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ratably, and not one for another to contribute to payment of debts due for deposits in said bank, each in an amount equal to the par value of the stock held by him. Liability of stockholders. SEC. VIII. Be it further enacted by the authority aforesaid, That the total liabilities to said bank of any person, or of any company, corporation or firm, (including in the liabilities of the company or firm the liabilities of the several members thereof) shall, at no time nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Extent of liabilities. SEC. IX. Be it further enacted by the authority aforesaid, That this charter shall be in force for the term of fifty years. Term of charter. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1889. INCORPORATING THE PERRY LOAN AND SAVINGS BANK. No. 211. An Act to incorporate the Perry Loan and Savings Bank, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is by authority of the same hereby enacted, That E. L. Dennard, H. M. Holtzelaw, Sr., W. Brunson, Sr., W. D. Day, C. C. Duncan, C. R. Mann, J. D. Martin, C. F. Cooper and L. F. Cater, and such other 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 Perry 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 common seal, with power to alter the same from time to time; and by that name shall be capable of purchasing, taking, holding and enjoying to them and their successors all property of every nature, 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 this State. Corporators. Name. General powers.

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SEC. II. Be it further enacted, That the principal office of said Perry Loan and Savings Bank shall be located in the town of Perry, in the county of Houston, said State. Principal office. SEC. III. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, or five hundred shares of fifty dollars each, with the privilege of increasing the same to $50,000, or 1,000 shares of $50 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 purpose, 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. Proviso. May be paid in installments. SEC. IV. Be it further enacted, That as soon as 200 shares shall be subscribed, and the sum of $2,500 paid in on said stock, said corporation shall have the right to organize and transact business. The first meeting of said Perry Loan and Savings Bank shall be held after said $2,500 shall be ready to be paid in, after ten days' notice by publication in the newspaper published in the town of Perry, Ga., 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, and shall also elect a Cashier, 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 stockholders, and the Cashier quarterly reports to the Board of Directors. Authority to organize Board of Directors. Reports. 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 in all its departments; to provide for all cases of default made by any stockholder 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. Management of business. SEC. VI. Be it further enacted, That said Perry Loan and Savings Bank shall have the right to do a general banking business;

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to receive deposits, discount paper, buy and sell exchange; to acquire, hold and sell real and personal property, and, in case of sale, to make titles to the same in its corporate name, and perform all 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 or its authority 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 contract for such installments of principal and interest, as aforesaid. Banking powers and privileges. SEC. VII. Be it further enacted, That said Board of Directors are hereby authorized to establish a savings department in connection with the general business of said bank, and to make all such rules, by-laws and regulations for the government thereof as they may see fit, and are not in conflict with the laws of this State. Savings department. SEC. VIII. Be it further enacted, That each stockholder of said corporation shall be individually liable for the debts of said corporation to the amount of his or her unpaid subscription to the capital stock of the corporation; and in addition thereto an amount equal to the par value of the stock owned by said stockholder, each stockholder to be liable individually and ratably, and not one for another. Liability of stockholders. SEC. IX. Be it further enacted, That this charter continue in force for a term of fifty years, with the privilege of renewal at the expiration of said term. Term of charter. SEC. X. Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time, nor by any construction or device exceed one-tenth part of the amount of the capital stock of said bank paid in. Extent of liabilities limited. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved August 20, 1889.

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INCORPORATING THE MERCHANTS' BANK OF MILLEDGEVILLE. No. 215. An Act to incorporate the Merchants' Bank of Milledgeville, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Samuel Walker, P. M. Compton, P. J. Cline, R. W. Roberts, T. O. Powell, T. B. Lamar, L. J. Lamar and Robert Whitfield, and such other persons as may become associated with them, and their successors and assigns, are hereby constituted a body corporate, under the name of the Merchants' Bank, to be located in Milledgeville, Georgia. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said company shall be Forty Thousand Dollars, with the privilege of increasing the same to one hundred thousand dollars, said stock to be divided inte shares of one hundred dollars each, and when there shall be forty thousand dollars of said capital stock subscribed, and twenty thousand dollars actually paid in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Authority to begin business. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be forty thousand dollars or more, and when twenty 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 cotinued succession, under the name of the Merchants' Bank, of Milledgeville, Georgia, and by that name, shall exercise corporate powers, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction 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, or otherwise, 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, deeds or other instruments as may be necessary, and said bank shall have power to make, use, renew, and alter at pleasure, a corporate seal, and do all acts and things necessary or

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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 powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money; take and give therefor such secureties as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to lend money for others and charge therefor commissions as hereinafter provided, and to do all acts it may deem advisable and profitable investment of the funds of said bank, and the exercise and enjoyment of its corporate powers. 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. Liabilities must not exceed ten per cent. of capital stock. SEC. VI. Be it further enacted, That said bank shall be authorized to lend money and take as security therefor personal security, notes, mortgages and other evidences of debt, of value, as collateral security, and deeds to land, giving bonds for title, or to reconvey to the borrowers, to reconvey same, and make such lawful charges as may be agreed upon, in addition to the legal rate of interest, for securing satisfactory investigation of titles and necessary deeds, mortgages and liens. Loans and mortgages. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than nine directors, to be chosen as hereinafter provided, who shall elect from their number a President; may make 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 two 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. Board of Directors. 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 may judge expedient, after defraying its expenses and paying such debts, but before declaring such dividends, they shall

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carry one-tenth part of its net profits of the preceding half year to the surplus fund until the same shall amount to twenty-five per cent. of its capital stock; and in estimating the net profits no assets shall be accounted as solvent which are six months past due, unsecured, and not in process of collection, and all such insolvent debts shall be charged off before said surplus is set aside, or any dividends declared. Dividends. Surplus fund. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock correctly representing his or her interest, and such stock shall be held bound to the bank for any dues or indebtedness by said stockholder to the company, and no stockholder who may be indebted to said bank, either as principal, security, or endorser, shall, while so indebted, sell or transfer the stock held by him or her, without the consent of the President and Directors of said bank, and all sales and transfers of stock must, in order to be valid, be made on the register and transfer books of the bank by the owner of the stock or his lawfully appointed attorney in fact. Certificates of stock. Transfers. SEC. X. Be it further enacted, That the persons named in the first section of this Act, or any three 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 for such length of time as they may deem proper, but for no less amount of subscription than forty thousand dollars. The directors of said bank shall be elected by a majority at interest of the stockholders thereof voting at an election held under the inspection of said commissioners, at such place as they may designate, within twenty days after the closing of the subscription called for by them, and on the first Monday in January in every year thereafter. No election shall be valid when a majority of the whole stock paid in is not represented; and in any election of directors, and in all questions that may come before any convention of stockholders, each share shall entitle the owner to one vote. Vacancies occurring in the Board of Directors may be filled by said board, and it shall be the duty of the President of said board to prepare and lay before the stockholders thereof semi-annual statement of the business and credits of the bank, its assets and liabilities, and to make such returns to the Governor of the State as are required by law. 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. The minutes of the Board of Directors shall be kept in a book provided for that purpose, and signed by the President or

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Secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Commissioners to open books of subscription. Elections. Minutes. SEC. XI. 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 installments of the capital stock which may be called for by the commissioners of the Board of Directors, the board may at any time thereafter proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber, by bringing suit therefor in any court having jurisdiction of the same; or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on terms prescribed by said resolution, and in a way prescribed therein, after thirty days' notice in writing to the delinquent. Delinquent subscribers SEC. XII. Be it further enacted, That the Cashier, who may also be a director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. It shall be the duty of the Cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the bank by signing checks, drafts, receipts or certificates of deposit in conducting the business of the bank. Cashier. SEC. XIII. Be it further enacted, That said bank shall have authority to loan money on real estate or such other security as the President or Board of Directors may accept at any rate of interest that may be agreed on in writing, not in excess of the highest rate fixed by law; and said bank shall have authority to allow interest on money deposits, to accept and execute trusts of every description which may be committed to it by any order or decree of any 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 laws of this State, and to execute such legal trusts on such terms as may be declared, established or agreed upon in regard thereto. Loans on real estate. Trust estates. SEC. XIV. Be it further enacted, That all capital, property and assets of said bank shall be bound for the payment of its debts, and in addition thereto, the stockholders shall be individually bound and liable to contribute to the payment of the debts of the bank, each in an amount equal to the par value of the stock held by him, or so much thereof as may be necessary. Liability of stockholders. SEC. XV. Be it further enacted, That the charter shall continue of force for a term of fifty years. Term of charter. SEC. XVI. Be it further enacted, That the directors of said bank shall have the power and authority, in their discretion, to establish

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a Savings Bank Department under the laws now of force in said State in reference to savings banks. Savings bank. 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 August 23, 1889. AMENDING THE CHARTER OF THE ATLANTA TRUST AND BANKING COMPANY. No. 216. An Act to amend an Act to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, to the Atlanta Trust and Banking Company, and to incorporate the stockholders of said Georgia Security Investment Company under the name of the Atlanta Trust and Banking Company, and to grant to said company the power to do a general banking business, and other rights and privileges, and to fix the capital stock, and for other purposes, approved December 26, 1888, by increasing the number of Directors allowed from seven to nine as a maximum. 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 portion of the fifth section of said Act which begins with the thirteenth line thereof, and reads as follows: But the stockholders of said Atlanta Trust and Banking Company shall, at the next annual meeting, choose not less than five nor more than seven directors, to whom shall be entrusted the entire management of the business of such corporation, and said Board of Directors shall be elected annually, be, and the same is hereby, amended so as to read as follows: But the stockholders of said Atlanta Trust and Banking Company shall, at the next annual meeting, choose not less than five nor more than nine directors, to whom shall be entrusted the entire management of the business of such corporation, and said Board of Directors shall be elected annually, so as to give a maximum of nine instead of seven directors. Number of Directors increased. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 23, 1889.

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AMENDING THE CHARTER OF THE HARTWELL LOAN AND SAVINGS BANK. No. 219. An Act to alter and amend an Act to incorporate the Hartwell Loan and Savings Bank, and for other purposes, approved October 24, 1887, so as to change the name of said bank to the Hartwell Bank; to authorize said bank to elect officers, and to commence business as soon as five thousand dollars of the capital stock is paid in; to fix the time for the annual election of officers, 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 words, loan and savings, be stricken from the caption of said above recited Act, and the said words, loan and savings, be stricken from said Act whenever the same occur, so as to change the name of said bank to the Hartwell Bank. Name changed. SEC. II. Be it further enacted, That section three of said above recited Act be stricken, and the following be enacted in lieu thereof: That, so soon as two hundred and fifty shares shall be subscribed, after five days' notice given by the incorporators or by any three of them, in the Hartwell Sun, said corporation shall have the right to organize and elect a Board of five Directors, and as soon as five thousand dollars of the capital stock is actually paid in, said bank shall have the right to commence business. Each share shall represent one vote, and a majority of the entire capital stock of the bank shall, at any meeting, constitute a quorum. Stockholders may vote by written proxy, the same being voted by a stockholder. The principal office of said Hartwell Bank shall be in the town of Hartwell, Georgia. The stockholders shall, by ballot, elect the directors, three of whom shall constitute a quorum to transact business. Said board shall elect from their body a President and a Vice-President, and all officers of said corporation must be stockholders in the same. The Board of Directors shall have the authority to elect such officers as they may deem necessary for carrying on the business of said bank, prescribe their duties and fix their compensation. Authority to organize. Principal office. SEC. III. The Board of Directors first elected shall hold until the 1st day of September, 1890. After the first election the annual meetings of the stockholders shall be on the first Tuesday in July of each year, at which time the Board of Directors as aforesaid shall

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be chosen. The term of the Board of Directors chosen after the first election, shall commence on the first business day in September after their election, and shall terminate on the first business day of the September following; Provided, that each Board of Directors shall act until their successors are elected and qualified. In case of a vacancy in the Board of Directors, and in case of a failure to hold the regular annual election, said vacancy in the Board may be filed or a special election ordered in such manner as may be fixed and determined by the by-laws of said bank. Annual meetings of stockholders. Proviso as to vacancy on Board of Directors. SEC. IV. Be it further enacted, That said bank shall receive no deposits until five thousand dollars of its subscriptions shall have actually been paid in. When deposits may be received SEC. V. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved August 23, 1889. INCORPORATING THE BANK OF VIENNA. No. 226. An Act to incorporate the Bank of Vienna. 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. B. Leonard, C. T. Stovall, P. G. McDonald, J. P. Heard, W. C. Hamilton, and their associates and successors, be, and are hereby incorporated under the name and style of the Bank of Vienna; with power to have and use a common seal; sue and be sued; plead and be impleaded; contract and be contracted with; discount bills and other evidences of debt; sell and buy exchange; loan and borrow money, and receive and hold the same on deposit; buy and sell real and personal property when necessary in its business, and hold and convey the same, and to establish by-laws as may be deemed necessary to carry on a general banking business, not in conflict with the laws of the State of Georgia, and of the United States. Corporators. Name. General powers. SEC. II. The capital stock of said bank shall be twenty-five thousand dollars, to be divided into five hundred shares of fifty dollars each, and each share shall entitle the holder thereof to one vote in each, and each share shall entitle the holder thereof to one vote in all meetings of stockholders. The capital stock may be increased to any amount, not to exceed one hundred thousand dollars, by a vote of two-thirds of the stockholders. Capital stock.

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SEC. III. As soon as one-half of the capital stock, that is, twelve thousand five hundred dollars, is subscribed, and fifty per cent. of this subscription, that is, six thousand two hundred and fifty dollars, is paid in, the incorporators, or a majority of them, may call a meeting of the subscribers, and they may organize by electing a Board of Directors, not less than five nor more than nine, as their by-laws may designate, who shall hold their offices one year and until their successors are elected. This board shall elect one of their number President. They shall also elect all other officers and employes that may be necessary, and prescribe such bond and security as they may deem necessary. They shall call a meeting of the stockholders at least once in each year, and make to them a full report of the management of said bank the preceding year. Each stockholder of said corporation shall be individually responsible, equitably and ratably, and not for one another, for all contracts, debts and engagements of said bank, to the extent of the amount of his or her stock therein, at the par value thereof, in addition to the amount invested in said stock. Authorized to organize. Board of Directors. Liability of stockholders. SEC. IV. Be it further enacted by the authority aforesaid, That said bank shall have no authority to receive deposits until ten thousand dollars of the capital stock have been actually paid in. Authority to receive deposits. SEC. V. The principal office of said bank shall be in Vienna, in the county of Dooly, State of Georgia. Principal office. SEC. VI. Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Liabilities must not exceed ten per cent. of capital stock. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 26, 1889.

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INCORPORATING THE PLANTERS' LOAN AND BANKING COMPANY. No. 236. An Act to incorporate the Planters' Loan and Banking Company, and to define its powers and privileges. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That James Swann, Albert E. Thornton, Thomas C. Crenshaw, Jr., Benjamin F. Abbott, Thomas J. Hightower, L. Lanier, George F. Gober, John W. Aiken, C. M. Bates, and such other persons as may be hereafter associated with them, their successors and assigns, be, and they are hereby, incorporated and made a body politic, under the name and style of Planters' Loan and Banking Company, and by such name shall have succession for the full period of thirty years, and the right to sue and be sued; to plead and be impleaded; to contract and be contracted with; to have and use a common seal, and at pleasure to alter the same; to ordain, establish and adopt such by-laws, rules and regulations as may be necessary or expedient for conducting its business, not inconsistent with the laws of this State or of the United States, and to do each and every act requisite and necessary or expedient to accomplish the purposes for which this company is organized; to hold, use and retain property of all kinds, and may sell or otherwise dispose of the same at pleasure; and may have such other powers and privileges as are hereinafter provided, and as are incident to such corporations. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be divided into shares of one hundred dollars each, and shall be transferable in such manner as may be prescribed in the by-laws when adopted, and shall not exceed five hundred thousand dollars, nor be less than fifty thousand dollars, nor shall it commence business until at least ten per cent. of the stock subscribed is paid in. The stockholders shall pay in the stock subscribed for by them, in monthly installments, at such time and in such sums as shall be determined by the Board of Directors, not exceeding ten dollars per share per month; such payments shall continue until the amount paid in shall be one hundred dollars per share; Provided, any stockholder shall have the right to pay the entire amount subscribed at any time and on such basis as may be agreed on by the directors; and each stockholder shall be liable for all the debts of the said corporation to the extent of his unpaid

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subscription; Provided further, that said corporation shall not have the right to receive deposits as a bank till the sum of one hundred thousand dollars of the capital stock is paid in; and in addition thereto, said stockholders are liable to its depositors only, equally and ratably, and not one for another, to an amount equal to the amount of stock owned by them at the time such deposit was made. Capital stock. Paid in installments. Proviso. Liability of stockholders. 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 receive subscriptions to said capital stock at such time and place and for such length of time as they may deem best; and after said subscription lists are closed they may call a meeting of all the persons who have subscribed to the capital stock of said corporation, to assemble in the city of Atlanta, 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 the capital stock; at which time and place an election shall be held for a Board of Directors, of not less than seven nor more than fifteen, as may be agreed upon by the said stockholders, who shall be elected from among the stockholders by a vote of the owners of a majority of the stock. The Board of Directors thus elected, shall hold their offices until the regular annual meeting thereafter, and until their successors are elected and installed. All the stockholders at all elections of this corporation or other convention of the shareholders shall be entitled to one vote for every share of stock held or owned by such stockholder, and said vote may be given in person, or by proxy duly appointed in writing. Executors and administrators shall be entitled to control the votes to which their testator or intestate would be entitled to if living, and the stock of minors shall be represented and controlled by their guardians. All votes shall be by ballot. Commissioners to receive subscriptions. [Illegible Text] of Board of Directors. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in said Board of Directors, chosen and elected annually, and five of whom shall constitute a quorum for the transaction of business. The said Board of Directors shall elect a president and such other officers as they may deem necessary to the business of said corporation; fix their compensation, and may prescribe the duties and liability of such president and officers, and may make and alter all by-laws, rules and regulations for the government of said corporation and the management of its affairs, and do and perform such things as may be delegated to them by the bylaws of said corporation. Corporate powers. SEC. V. Be it further enacted, That said corporation shall have power and authority to receive money on deposit, either by or

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without issuing certificates of deposit therefor, on lawful terms agreed upon; to loan and borrow money, and to take and give therefor such security as may be considered best; to make advances upon real and personal property at pleasure; to receive valuables and other articles of personal property of every sort or kind, including certificates of stock, choses in action, securities and other evidences of the same, or of titles thereto on deposit, for safe keeping from any persons or person, as well as from executors, guardians, administrators, and other fiduciaries, charging and receiving therefor such sums as may be agreed upon; to deal in precious metal, 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 whatsoever kind, mortgages, bonds, stocks, securities and evidences of debt generally, and to enforce the same in any court whatever; to do a general banking business; to buy, sell, rent, improve, mortgage, lease, or otherwise to have, hold, operate or control real or personal property in this State, or any other State or Territory; to receive deposits of money for investment purposes, on such lawful terms as may be agreed upon; to issue certificates or receipts; to negotiate, buy or sell for others, stocks, bonds, bills of exchange, promissory notes, rents, mortgages, deeds, choses in action, securities, real and personal property; to make or negotiate loans for others for any length of time, upon real or personal property, or both, in this State, or any other State, or any State or Terirtory in the United States, and to secure the same by mortgages, deeds or otherwise, and to guarantee the payment of the principal and interest, or either the principal or interest of such loan, if it should so determine, and for all such loans, said corporation shall have the power and authority to charge and collect for expenses incurred and services rendered, or procured to be rendered, in examining the property advanced upon, and in making investigations and abstract of titles thereto, and for reporting on and inspecting the property offered as security, and for making or negotiating or guaranteeing the payment of such loans, such sum in addition to the legal rate of interest as may be agreed upon by the borrower and said corporation; to insure owners of real estate, mortgages, securities, deeds, trust deeds, and others interested in real estate, from loss by reason of defective titles, liens, and incumbrances; to receive moneys in trust, or on deposit, and invest or accumulate the same at such rate of interest as may be agreed upon, not to exceed the lawful rate; to accept and execute all trust of every description as may be committed to it, by any person or persons or corporation whatsoever; to act as

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agent for fire insurance companies, charging such commissions therefor as may be agreed upon. Banking powers and privileges. Loans and mortgages. Trust funds. Agents for fire insurance. SEC. VI. Be it further enacted, That the principal office of said corporation shall be in the city of Atlanta, Georgia; that said Board of Directors shall have power to establish agencies for the transaction of business of said corporation, at any place within the State of Georgia or elsewhere in the United States that they may deem advisable, and may appoint such agents or officers, and delegate to them such powers as may be necessary to the business of such agencies or branches. Principal office. SEC. VII. Be it further enacted, That the annual or special meetings or conventions of the shareholders, shall be had at such times and under such conditions and circumstances as may be fixed by the by-laws of said corporation, but no act of any convention shall be valid unless a majority of the stock is represented; that at each annual meeting of the stockholders, there shall be elected a full Board of Directors, who shall, in addition to other duties required of, and powers conferred upon them, make or cause to be made, full statements of the condition of the business of said corporation from time to time, as the owners of a majority of the stock may require, and out of the net profits of the business, shall annually or semi-annually declare such dividends to the stockholders as may be deemed expedient. Annual meetings. Reports. Dividends. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 29, 1889. INCORPORATING THE AMERICAN TRUST AND BANKING COMPANY. No. 237. An Act to incorporate the American Trust and Banking Company. SECTION I. Be it enacted by the General Assembly of Georgia, That Joel Hurt, L. B. Nelson, Walker P. Inman, W. D. Ellis and J. R. Gray, of said State, their associates and successors be, and they are hereby, declared to be a body corporate under the name of American Trust and Banking Company for the full term of fifty years, with the privilege of renewal at the expiration of said term; and with power under this name to contract and be contracted with;

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to sue and be sued; to plead and be impleaded; to have and use a common seal, and at pleasure to alter the same; to make, alter, establish and amend such by-laws, rules of government and regulations as may be necessary or desirable for carrying out the purpose, intent and design of such organization; Provided, such rules are not in conflict with the laws of this State, or of the United States; and to do and perform each and every act requisite, necessary or expedient to carry on the business of said company as completely as the same could be done by an individual citizen of this State. Corporators. Name. General powers. Proviso. SEC. II. Be it further enacted, That said company shall have the right to do a general banking business; to receive deposits, make loans and discounts, buy and sell exchange, and to lend its own or its depositors' funds; to obtain and procure loans of money for any person, company, partnership or corporation, and to do all things necessary, desirable or incidental towards mediating between borrower and lender, either with or without guaranty, endorsement or liability on the part of said company, and to charge for such service such a commission as may be agreed upon between the borrower and said company; Provided, nothing herein contained shall be construed to authorize a violation of the usury laws of this State. To lend and borrow money upon its own account, and to take and execute securities by way of pledge, mortgage, or other conveyance or lien fo secure or collect any loan or the interest thereon negotiated or effected by it; to invest its own money or the money of others; and to carry on the business of guaranty insurance; to guarantee or insure the title to any real estate or personal property, except fire and life insurance; to guarantee the payment of any bonds, notes, mortgages, undertakings or other securities or evidences of indebtedness, whether the same be loans negotiated by said company or by others, and to guarantee any other character or evidences of indebtedness of any person, partnership, company or corporation, municipal or private. Banking privileges, Proviso. Guaranty insurance. SEC. III. Be it further enacted, That said company may lend its own, or the money of others, upon any real estate or personal security, by way of mortgage, deed, pledge, execution or other lien or conveyance, and sell and transfer all such securities to any person, company, partnership or corporation, with or without guaranty or other collateral liability; may subscribe to, purchase, acquire or lend money, in or upon any stock, shares, bonds, notes, debentures, or other securities of any government, State, municipality, corporation, company, partnership or individual, and may hold, deal in, or sell the same, or distribute such securities among the shareholders

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of the company; to negotiate or place in behalf of companies, partnerships, corporation or [Illegible Text], all or any part of such shares, bonds, stocks or debentures, [Illegible Text], mortgages or other securities for an agreed compensation, with or without guaranty or collateral obligation by this company; to sell or to subscribe any of the property, real or personal, or any interest therein acquired by it to any other corporation, company, or individual, for money, bonds securities, obligations or capital stock, as may be agreed upon without liability on any stock or security so purchased or subscribed, beyond the agreed terms of said purchase or subscription. Loans and mortgages. SEC. IV. Be it further enacted, That said company shall have the right to make, issue and sell its own general or special debenture bonds, or other obligations, upon such terms and in such amounts as may be deemed advisable, based on the security of property owned or held by said company, and secured by such trust deeds, mortgages, or other conveyances, general or special as may be necessary; to invest or lend the proceeds of such bonds, in or upon real estate or personal property; to apply the same to the redemption of prior bonds; to buy, sell, own, rent, lease or deal in any real or personal property; to improve any real estate owned by it by erecting buildings, machinery, or other appliances for increasing the value thereof, and to do all other things necessary and lawful to render the property of said company remunerative and profitable. Said bonds may bear any rate of interest not prohibited by the laws of the State in which the property on which they are based is situated, and said company may limit its liability upon its own or the bonds or obligations of any other corporation, partnership, company or individual, endorsed or guaranteed by it, by express stipulation on the face or in the endorsement or guaranty thereof. Authority to issue bonds. SEC. V. Be it further enacted, That said company shall have power to receive money in trust and to accept and execute any and all trusts that may be committed to it by any court, corporation, company or individual and to accept any grant, assignment, transfer, devise or bequest, and hold in trust any real or personal estate or trust created in accordance with the laws of this State or any other State, and to execute the same upon such terms as may be established and agreed upon by its Board of Directors. Said corporation is hereby fully authorized to act as agent, receiver, assignee and trustee of every kind whatsoever, whether said office or appointment shall be conferred by any person or persons or by any corporation, public or private, or by any court of any State, or of the United States; to receive on deposit all funds in litigation in the

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various courts in this State, and to pay therefor such interest as may be agreed upon, not exceeding the lawful rate; to receive for safe keeping or deposit any money, bonds, stocks, diamonds, gold, silver, plate or any other valuables and charge and collect a reasonable compensation for the same, which charge shall be a lien upon such deposit until paid, and generally to do and carry on the business of a safe deposit and trust company. Said company shall have power to accept and execute the office and appointment of administrator of any estate or executor of the last will and testament of any person, and of guardian of any minor or person under disability, and the Ordinaries of this State are authorized to grant letters testamentary of administration and guardianship to said company when so appointed: Provided, bonds and security shall first be given in terms of law. Trust funds. Safe deposit. SEC. VI. Be it further enacted, That said company shall have the 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 and countersigning bonds, certificates of stock or other obligations, and for the guaranteeing the payment of such bonds, certificates, obligations, or the interest thereon: to lend its credit to any person, corporation, company or partnership, and generally to manage all such business for such compensation as may be agreed upon. May act as fiscal agent. SEC. VII. Be it further enacted, That the capital stock of said company shall be $100,000, divided into one thousand shares of the par value of $100 per share; but said capital stock may be increased at any time, by a majority vote of the Board of Directors, to an amount not exceeding one million dollars. The stockholders in said company shall be liable to the amount of their unpaid subscriptions, and shall be liable for all installments or assessments called for by the Board of Directors, as provided in the by-laws, until said subscription shall be fully paid up; and if any installment or assessment so called for is not paid when due, such stock shall be sold at public sale, after sixty days' notice to the subscriber, and after paying the due assessments and expenses of sale, the balance shall be paid over to the subscriber. Said company may begin business whenever stock to the amount of $50,000 shall have been subscribed, and fifty per centum thereof paid in; Provided, that whenever said company shall begin a general banking business, the stockholders thereof shall be liable to the creditors of said bank to an amount equal to the amount of stock subscribed by them respectively, in addition to the amount of their unpaid subscriptions. Capital stock. Liability of stockholders. May begin business. Proviso.

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SEC. VIII. Be it further enacted, That the business and affairs of said company shall be managed by a Board of Directors and the officers elected by them. Said board shall consist of not less than five nor more than nine directors, and a majority shall constitute a quorum for the transaction of business; they shall hold office until their successors are elected and qualified, and shall have power to elect all officers, and fill all vacancies occurring in their own body or among said officers. The officers of said company shall consist of a President, Vice-President, Secretary, Treasurer, General Manager, General Counsellor, and such other officers as the Board of Directors may deem necessary; but the same person may hold two or more of said offices, and the Board of Directors may dispense with any office that they deem necessary. They shall hold their respective offices until their successors are elected and qualified. The Board of Directors may require any or all of said officers to give bond in such amounts as they may fix for the faithful performance of their duties, and may alter, amend or repeal any of the by-laws of said company, by a majority vote of the board. Board of Directors. Officers. Bonds of officers. SEC. IX. Be it further enacted, That the total liabilities to said bank of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Liabilities not to exceed 10 per cent. of capital. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 29, 1889. INCORPORATING THE BANK OF FORT GAINES. No. 249. An Act to incorporate the Bank of Fort Gaines, of Fort Gaines, Clay county, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That C. V. Morris, Wm. J. Greene, S. D. Coleman, Joe Vinson and J. E. Paullin, of the county of Clay, 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 Fort Gaines, in this State, to be called the

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Bank of Fort Gaines. Said commissioners, or any two of them, are hereby authorized to keep open said books of subscription for such time, in the city of Fort Gaines, as they think proper, and to receive subscription to any amount not exceeding the capital stock. The capital stock shall be divided into shares of one hundred dollars each, whereof ten per cent. shall be paid to said commissioners at the time of subscribing; and all such subscriptions shall be binding upon the subscribers, respectively, and on their heirs and legal representatives, and shall be payable in such installments and at such times as the Board of Directors of said corporation shall prescribe. The capital stock of said company shall be fifty thousand dollars, with power in the stockholders to increase the same to an amount not exceeding the sum of a hundred thousand dollars. Corporators. Name. Subscriptions payable in installments. Capital stock. SEC. II. Be it further enacted, That when the subscription authorized by the first section of the Act shall amount to twenty-five thousand dollars, and when ten per cent. of that amount shall be paid to said commissioners, then the subscribers shall be and become a body corporate and politic, with continued succession, under the name of The Bank of Fort Gaines, 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, owning and using property of every description, and of aliening, conveying, leasing, mortgaging and otherwise disposing of the same in any manner that a natural person might do. Said corporation shall have power to make and use, renew and alter, at pleasure, a corporate seal, and to do all other acts and things necessary or proper to carry into effect the object and purpose of this Act, and the business of this corporation, not inconsistent with the laws of this State or United States. Authority to organize. General powers. SEC. III. Be it further enacted, That said Commissioners or any two of them may act to receive subscription; are authorized to call the subscribers together at such time and place designated in Fort Gaines as they see fit. On the assembling of the subscribers, or such of them as may choose to attend, said acting Commissioners shall proceed to hold an election for five directors, by ballot, and no person shall be a director of said company who shall not be a stockholder in his own name and right to the extent of ten shares. All stockholders, at all the elections of the company, and in all matters acted on in convention pertaining to the interest of the company, shall be entitled to one vote for every share of stock owned, and may vote in person, or by their legal representative, or proxy in writing. When said directors are elected as aforesaid, the

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functions of said Commissioners shall cease, and they shall deliver to the directors chosen, all moneys and credits in their hands, and the subscription books, to the stock of said company. Election of Directors. SEC. IV. Be it further enacted, That the first and all subsequent Board of Directors shall be elected to serve one year, or until the election of their successors, and each board shall choose one of their own number as President of the company, and he shall be styled President, and shall hold office of President until the election of his successor. Every Board of Directors shall have power to fill any vacancy which may occur in the office of Director or President. President. SEC. V. Be it further enacted, That 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, including the President or President pro tem., shall constitute a board for all purposes, and they, as such board, shall have power to enact all by-laws which may be deemed necessary and proper for business of the company, and may amend and repeal the same, and may exercise all the powers granted by this Act to the company to be organized under it, and may confer on the President or other officers to be appointed, such powers as may be deemed proper and consistent with this Act; and may appoint all such officers and agents as the board may deem necessary and proper for the business of the company; and may fix the rate of their salaries or compensation; and may require of any officer or agent appointed by the board, such bond and security as may be deemed proper to secure the faithful discharge of the duties and trusts imposed upon such officer or agent; and may declare and pay, or cause to be paid, to the stockholders at such time and manner as they may think proper, dividends from the earned profit of the company; Provided, that the stockholders in convention shall have power to repeal, alter or amend any by-laws or regulations which may be enacted or established by the Board of Directors. Number of Directors. Their powers. Dividends. SEC. VI. Be it further enacted, That the Board of Directors shall have power to prescribe and regulate the manner in which the stock, or certificates of stock, may be transferred; Provided, that no stock shall be transferred except on the books of said bank, but no transfer or assignment shall be valid or operate to release the owner thereof from any kind of obligation or debt to the corporation until the same has been paid, and said corporation shall have a lien on said stock until said obligations are paid; and in case any subscriber to the stock of the company shall fail or refuse to pay

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any of the assessments or calls for payments which may be made by the Board of Directors, the said board may at any time after sixty days' notice proceed to enforce the payment of the entire indebtedness for subscription to stock of said defaulting subscriber by bringing suit therefor in any court of competent jurisdiction; or the said stock belonging to such delinquent may, by resolutions of the Board of Directors, be sold, in which ease the portion previously paid in shall be forfeited to the company. Transfer of stock. Defaulting stockholders. SEC. VII. Be it further enacted, That after ten thousand dollars of its capital stock has been actually paid in, the company may proceed to transact a general banking business; to receive deposits and give certificates therefor, and pay such legal interest as may be agreed upon; to deal in foreign and domestic exchange; to buy, sue, sell, discount or collect notes, bills of exchange, bonds, mortgages, contracts, choses in action, stocks, claims and rents; to loan and borrow money, and to give and take security therefor; to acquire, receive, purchase, hold, own, use, have, mortgage, sell, dispose of, rent or mortgage any kind of property, real or personal, just as any natural person might or could do. Banking powers. SEC. VIII. Be it further enacted, That all capital property and assets of said bank shall be bound for the payment of its debts, and, in addition thereto, each stockholder shall be individually liable to the creditors of said bank to the amount of his unpaid stock or the balance due therefor, and shall be individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of such bank to the extent of the amount of their stock therein, at the par value thereof, in addition to the amounts invested in such shares. Liability of stockholders. SEC. IX. Be it further enacted, That one-fourth of the stockholders in interest, may, at any time, by giving notice of five days through the postoffice, call a meeting of the stockholders, but no act of these will be legal unless a majority of the stock is therein represented. Special meetings. SEC. X. Be it further enacted, That this Act, and all the privileges and powers herein granted, shall continue in force for the term of fifty years, from and after the organization of the company which may be organized under this Act. Term of charter. SEC. XI. 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 members thereof) shall, at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank, paid in. Liabilities must not exceed 10 per cent. of capital stock.

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SEC. XII. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and are hereby repealed. Approved September 2, 1889. INCORPORATING THE BRUNSWICK SAVINGS AND TRUST COMPANY. No. 269. An Act to incorporate the Brunswick Savings and Trust Company, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of Georgia, That M. Ullman, W. H. Whaley, C. P. Goodyear, W. E. Kay, S. Mayer, and W. E. Burbage, and such others 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 Brunswick 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 descriptions, and alien, convey, lease and mortgage and otherwise dispose of 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 Brunswick, in this State. Corporators. Name. General powers. Location. SEC. II. Be it further enacted, That the capital stock of the corporation shall be fifty thousand dollars ($50,000), 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 two hundred and fifty thousand dollars ($250,000) whenever it may be deemed expedient by the stockholders in meeting assembled, two-thirds of the entire stock being voted in favor of said increase before the same can be effected. Said corporation is hereby authorized

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to commence business as soon as twelve thousand five hundred dollars ($12,500) 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. Authority to commence business. 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 ($50,000) 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 Brunswick, once a day for three 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 shall be organized. All subscriptions to the capital stock shall be binding upon the 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 Brunswick, 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 the same to be sold out to the highest bidder for cash, on the first Tuesday of any month, before the court house door in Brunswick, during the legal hours of sale, by an auctioneer, if necessary, 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 the 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

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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 attorneys' 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 installment from the date of the maturity of said call to the 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 stockholders, and such vote may be given in person, or by written proxy, duly appointed. All votes shall be by ballot at any election (including the organization meeting), and a plurality of votes shall elect. Books of subscription. Organization. Board of Directors. Forfeiture of stock. Proxies. 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 said officers 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 to 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 stockholders 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

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fund annually. No person shall be eligible as a director, who does not own in his own name at least ten shares of the stock unpledged and unincumbered, and whenever it shall become known to the board that any director has ceased to be owner of ten shares of stock, unpledged and unincumbered, as aforesaid, the board shall; as soon as possible thereafter, declare such person no longer to be 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 Brunswick, 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 stockholders in such form, and transferred in such manner as the directors may prescribe; but no transfer of 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 meetings of stockholders for the election of directors, shall be held at the principal office of the corporation in Brunswick, 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 Brunswick; 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 stockholders representing two-thirds of the shares may do so on same notice as above. Corporate powers of Board of Directors. Dividends. Number of Directors. SEC. V. Be it further enacted, That any number of the stockholders 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 Brunswick, call a meeting or convention of all the stockholders of the corporation at such time and place in the city of Brunswick as may be in such call designated, but no act of the stockholders in meeting or convention, except the election of directors, shall be valid or binding on the corporation unless a majority of the stockholders in value shall be represented. Nothing herein provided for shall prevent the Board of Directors from calling a meeting or convention of the stockholders whenever said board may deem it proper to do so. Special meetings. SEC. VI. Be it further enacted, That The Brunswick 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

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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 evidences of the same or of titles thereto, on deposit for safe keeping from any other person or persons, as well 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, mortgates, 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 the same, and 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 the laws 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, 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, upon 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,

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bond or bonds, to the persons 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 denomination, 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. Banking powers and privileges. Loans and mortgages. Bonds. Proviso as to compensation for negotiating sale of bonds. 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 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 bond and securities are required by law, and no other bond and 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. That all laws of force in this State, and

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not contrary to the provisions 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 any 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 of bonds, coupons, certificates of stock, or other obligations, or for the guaranteeing the payment of such bonds, certificates, obligations or coupons (or for the 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. When the management of any estate or fund is vested in said corporation under the provisions of this Act, such 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 such corporation to have an agent in every such county, upon whom service can be affected, 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 debts 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 State for the investment of fiduciary funds, 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. The said corporation shall not be obliged to convert into cash or change any investment of stock bonds or other securities which may come into its hands when acting in any of the aforesaid official fiduciary capacities, unless directed by deed or will or otherwise required to do so for the payment of debt, expenses or pecuniary legacies. That whenever any court shall appoint said corporation as trustee, assignee, or receiver, or deposit with said corporation any money, such court may at any time appoint any 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

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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. Authority to act as executor or guardian. Proviso. Proviso. Returns and exhibits. 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 sufficient discharge to said corporation; and any contract made by them with said corporation in the course of business with said corporation as to said deposits shall be binding and valid in law, and such deposits shall not be subject to the claims, control or debts of the husband respectively of such married women, or of the parents or guardian respectively of such minors. Minors deposits. SEC. IX. Be it further enacted, That said corporation shall have its principal office in the city of Brunswick, 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 it 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. 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 to another as securities 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 stockholders. 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 contract entered into by said corporation, or so as to injure any interest committed to its care and management, without the consent of all the stockholders, creditors and persons interested. Prohibits repeal or change of 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 September 10, 1889.

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INCORPORATING THE PIEDMONT LOAN AND BANKING COMPANY. No. 325. An Act to incorporate the Piedmont Loan and Banking Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. W. Smith, Z. T. Castleberry, J. R. Barnes, H. H. Dean, B. T. Palmour, J. L. Palmour, J. M. Bell and C. L. Holleman, of said State, their associates and successors, are hereby constituted and declared to be a body politic, under the name of the Piedmont Loan and Banking Company, with perpetual succession, and with power under this name to sue and be sued, and with all other powers enumerated in section 1679 of the Code of Georgia, published in the year 1882. The principal office of said corporation shall be located in Gainesville, Georgia. Corporators. Name. Principal office. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into five hundred shares, of one hundred dollars each, with the privilege of increasing the same at any time to one hundred thousand dollars; and the incorporators, or a majority of them, are hereby authorized and empowered to open books of subscription to said paid stock, and to organize and commence business when five hundred shares shall have been subscribed, and the sum of five thousand dollars paid in on said stock. The stock shall be paid for in monthly installments of two and one-half dollars for each share subscribed for. Provided, that any stockholder shall have the right to pay the entire amount subscribed or any part thereof, in excess of his monthly installment at two and one-half dollars per share at any time, and on such basis as may be agreed on by the directors. Provided further, that said corporation shall not have the right to receive deposits as a bank till the sum of five thousand dollars of the capital stock shall have been paid in. And, Provided further, that unless five thousand dollars of its capital stock shall have been paid in before the expiration of three years from the passage of this bill, this charter shall be void and of no effect. Capital stock. Authority to commence business. Proviso. SEC. III. Be it further enacted, That, at the first meeting of the stockholders, called by a majority of the corporators, a Board of Directors not less than five nor more than thirteen, as may be agreed on by the stockholders, 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 number

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of directors agreed on 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. fill vacancies occurring in their body, and do and perform such other things as shall be delegated to them by the by-laws of said corporation. Board of Directors. Other officers. SEC. IV. Be it further enacted, That said company shall have the right to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for any company, person, partnership or corporation; to negotiate loans on any and all kinds of security, and to guarantee the payment of the same; to invest its own money or money of others; to lend and invest money in or upon the security of and by way of mortgage, pledge, deed or otherwise, on or over any lands, hereditaments or real property, or interest thereon, of any description, situate anywhere; to buy real and personal property of any and every description, and to hold, work, lease, rent and sell the same, and execute title thereto; to lend money on, or purchase, or otherwise acquire bills of lading or the contents thereof, bills, notes, and any and all negotiable and commercial paper, or any crop or produce, or any stock, bullion, merchandise or effects, and the same to sell or in any way dispose of, and to charge any rate of interest on all such loans as may be agreed on, in writing, not exceeding the rate allowed by law; and it may also make such loans for any length of 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, bi-monthly, semi-annual or annual installments, or otherwise, without any rebate of interest thereon, if the debtor or borrower will so agree. Banking powers and privileges. SEC. V. Be it further enacted, That said company may purchase, acquire or lend money upon any stock, shares, notes, bonds, debenture or other securities of any government, State, municipality, corporation, company, partnership or person, and to hold, deal in or to sell the same, or to distribute the same among the stockholders; to negotiate or place, in behalf of the corporation, companies, partnerships or persons, all or any of them, shares, stocks, debentures, notes, mortgages or other securities, with or without guaranty or collateral obligation by this company, and to sell or subscribe any of the property, real or personal, or any interests acquired therein by it, to any other corporation for any portion of its bonds, securities, obligations or capital stock, as may be agreed

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upon, without liability on such stock so purchased or subscribed for, beyond the agreed terms of said purchase or subscription. Loans and mortgages. SEC. VI. 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 times, with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by such 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. Investments. Deposits by minors. SEC. VII. Be it further enacted, That said company shall have the right to act as agent, factor or trustee for any State, county, town, municipality, corporation, company or individual on such terms as to agency or commission as may be agreed on in registering, selling and countersigning, collecting, acquiring, holding, dealing and disposing of on account of such State, county, town, municipality, corporation, company or person, bonds, certificates of stock or any description of property, real or personal, or for guaranteeing the payment of such bonds, certificates of stock, etc., and generally for managing such business, and may charge such premiums, commissions or rate of compensation as may be agreed on in and for any of the matters and things authorized by this charter. Fiscal agent. SEC. VIII. 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, corporation, company, person or persons, and it shall have power to accept any grant, assignment, transfer, devise or bequest, and hold any real or personal estate, or trust created in accordance with the law of this State, and then to execute the same on such terms as may be established and agreed upon by its Board of Directors; Provided, however, said bank shall, before assuming the duties of such trustee, give bond and security, as is now or may be hereafter required by law of all other trustees; and said corporation is fully authorized and empowered to act as trustees or assignees, 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 have power and authority to receive for safe-keeping or deposit all money, bonds, stocks, diamonds and silver plate and other valuables, and charge and collect a reasonable compensation for the same, which said

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charge shall be a lien on the deposit until paid; and generally to do and carry on the business of a safety deposit and trust company. Trust estates. Proviso. SEC. IX. Be it further enacted, That said corporation, after five thousand dollars shall have been paid in on its capital stock, shall have 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 said office or appointment shall be conferred by any person or persons, or by any court, either of the United States or of this State. The capital stock, assets and property of the corporation shall be absolutely liable for the faithful management of the trusts as confided to its care as executor, guardian, trustee, agent, assignee or receiver, as aforesaid; Provided, said corporation shall have power to act as administrator of any deceased person's estate on the same terms and conditions of natural persons, but nothing in this Act shall be so construed as to give said corporation the right or power to act as trustee, executor, administrator or guardian, or assignee, without first executing a bond for the faithful performance of said trust as and in the same manner as is now, or may be hereafter required by law of natural persons. May act as executor or administrator. Proviso. SEC. X. Be it further enacted, That said company shall, and are hereby given the right to carry on the business of guarantee, insurance, and to insure and guarrantee the payment of any dividends, bonds, notes, undertakings, mortgages or other securities or evidences of indebtedness, or the interest thereon, of any person, partnership, or corporation, for any price and on any consideration agreed on. Guarantee insurance. SEC. XI. Be it further enacted, That the officers of said company shall consist of a President and as many Vice-Presidents as shall be agreed on; a Cashier and as many assistant cashiers as shall be agreed on, and a general counsellor, who shall be elected at such times and shall hold their respective offices for such terms or times as may be fixed by the by-laws, and until their successors are elected and qualified. The stockholders may, in their discretion, vest in the Board of Directors the power to make, alter and amend said by-laws. The by-laws shall fix the duties of the various officers, including the vice-presidents and assistant cashiers. Officers of the company. SEC. XII. Be it further enacted, That the stock held by any one shall be transferred only on the books of said corporation, either

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in person or by power of attorney, and no stockholder shall transfer his stock except by consent of the directors of said corporation, if he is indebted to the corporation as principal, security, or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness said corporation shall have a lien superior to all other liens on the stock of the stockholder. Transfer of stock. SEC. XIII. 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 in addition thereto the stockholders of said corporation shall be individually liable to the creditors of said corporation to the amount of the capital stock subscribed or at any time held by them respectively. Liability of stockholders. SEC. XIV. Be it enacted, That all laws and parts of law in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889. INCORPORATING THE UNION SAVINGS BANK AND TRUST COMPANY. No. 333. An act to incorporate the Union Savings Bank and Trust Company; to give certain powers and privileges to the same, and for other purposes therewith connected. SECTION I. Be it enacted by the General Assembly of Georgia, That H. J. Lamar, George B. Turpin, W. R. Rogers, S. Waxelbaum, S. R. Jaques, L. W. Hunt, H. Horn, W. G. Solomon, R. H. Brown, W. H. Doxdy, J. W. Cabaniss, S. A. Charpiot, James J. Cobb, D. M. Gugel, Clem. P. Steed, C. B. Willingham, T. C. Burke and such other persons as may hereafter become associated with them, and their successors and assigns, be, and the same are hereby constituted a body politic and corporate with continuous succession, under the name and style of the Union Savings Bank and Trust Company, and by such corporate name may contract and be contracted with, sue and be sued in any court; may have, use and alter at will a corporate seal; make by-laws not inconsistent with this charter or the laws of the land; may purchase, own and control property of all kinds, both real and personal, and alien, transfer, convey, hypothecate, mortgage or otherwise deal with and dispose of same

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in any manner that a natural person might lawfully do, and shall have power to do all acts necessary and proper to carry out the purposes of this Act, and to exercise in general all powers incident to corporations, and that are proper and needful to transact the business for which it is incorporated. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of this corporation shall be one hundred thousand dollars, to be divided into shares of the par value of one hundred dollars each; but after said capital stock shall have been paid up, it shall have power to increase the capital stock from time to time to any sum not exceeding five hundred thousand dollars, whenever such increase shall be deemed expedient by the stockholders, two-thirds of the entire stock being voted for such increase before it shall be allowed. Said corporation may begin business as soon as one hundred thousand dollars shall be paid in on its capital stock. Capital stock. May commence business. 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 to open books of subscription to the capital stock, at such times and places, and for such length of time, and on such notice as they think best; and when one thousand shares shall have been subscribed, one hundred dollars on each shall at once be paid in cash to the commissioners; and if any subscription remains unpaid for thirty days after the commissioners or directors have called for same, they may cancel it, and proceed to get other subscriptions in its place, and any money that may have been paid on account of such subscriptions shall be forfeited. When said number of shares shall be subscribed and paid up, the commissioners shall call a meeting of the subscribers or stockholders, in such way and at such time and place as they may see fit; and on the assembling of a majority in value of the subscribers, either in person or by written proxy, they shall proceed to the election of a Board of Directors, consisting of fifteen members, and no one shall be eligible as a director who holds less than ten shares of stock in this corporation in his own name and right. Said election shall be by ballot, under the supervision of the said commissioners, and a plurality of votes shall elect; and at the first election and all subsequent elections by stockholders, each stockholder shall be entitled to one vote for each share of stock standing in his or her name on the stock-book or list of this corporation at the time of such election, and said vote may be given in person or by written proxy. Said commissioners shall declare the result of this first election, and shall turn over to the Board of Directors so elected the charter, the subscription lists and the

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money received for stock, and thereupon this corporation shall be organized. Books of subscription. Board of Directors. 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 their successors are elected. They shall choose, out of their own number, a President and Vice-President; shall have power to fill vacancies occurring in their own board; shall appoint such officers and other employes as they deem necessary; fix the salaries, define the duties of such officers and employes, remove them when they may deem proper, and demand of them such bonds and securities as may be deemed best for the interest of the corporation. The directors shall have power to make by-laws for said corporation, and do all things its best interests may demand, not contrary to law or this Act, and subject to change or repudiation by a majority of the stockholders in value. The directors shall declare dividends out of the net earnings of the corporation, payable in money or by issuing new stock, after a surplus fund of ten per cent. of the capital stock has been accumulated and after, adding to the surplus fund annually, five per cent. of such net earnings. If any director shall become ineligible, under the terms of this Act, to hold his place in the board, the directors shall, as soon as they learn of such fact, declare a vacancy and proceed to fill the same. The Board of Directors shall consist of fifteen members, a majority of whom shall be residents of Macon, Georgia, and seven of whom, including the President or Vice-President, shall be a quorum. Certificates of stock shall be issued in manner prescribed by the board, and all transfers of stock shall be recorded in the stock-book, which shall be open to the inspection of any stockholder during all business hours. The election for directors shall be annually, on the first Thursday in January, and if not held then, shall be held on some subsequent day to be fixed by the directors, notice of which shall be given by publication once a week for four weeks in the official gazette of Bibb county, and if the directors fail to call such election in thirty days after the time for the regular election, stockholders representing two-thirds of the stock, may call such election after giving the same notice. The stockholders representing two-thirds of the stock, may call a meeting of the stockholders at any time, on giving the above notice, but no action by such meeting shall be binding on the corporation, unless a majority of all the stock is represented. The directors may call a meeting of the stockholders at any time, whenever, for any cause, they deem it proper to do so. President and other officers. Surplus. Transfer of stock. Special meetings.

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SEC. V. Be it further enacted, That the Union Savings Bank and Trust Company be authorized and empowered to receive money on deposit, and issue certificates of deposit on such terms as it may establish; to lend and borrow money, taking and giving therefor whatever securities it desires. It shall have power to make advances on real and personal property; to invest its funds as it may deem best; to transfer its property at pleasure; to provide safety deposit vaults and boxes, and rent the same and collect the hire that may be agreed on, and shall have a lien for such hire on the property deposited, and may sell the property at public or private sale for the hire if the same is not paid when due, after thirty days' notice to the owner or his agent; to receive on general deposit or for safe keeping, money, jewelry, plate and securities, deeds, and personal property of any kind, from any person, including executors, administrators, guardians, receivers, trustees, corporations, public and private officers, and it shall be a legal depository, and all of its assets or resources shall be first and absolutely liable for such money or property; it shall have power to deal in precious metals, domestic and foreign exchange; to buy and sell, discount and collect notes, bills of exchange, drafts, acceptances, bills of lading, mortgages, stocks, bonds, evidences of debt, commercial paper, and choses in action generally; and to purchase and sell and deal in its own stock, and the stock of other corporations when the effect is not intended to, and does not lessen or defeat competition in their respective business or encourage monopoly; to lend money on any security agreed on and for any period of time at any rate of interest not exceeding the highest contract rate allowed by law, and to aggregate the principal and interest for the whole period of the loan at the date of the loan and collect the same by monthly or other installments, as may be agreed on with the borrower, without rebate or reduction; Provided, not more than the legal rate of interest shall be charged; and to take therefor security by deeds, or mortgages, or otherwise; and such contracts and securities shall be valid and binding for the full amount of principal and interest charged and shall not be held to be usurious; to deposit its funds with other banks; to accept any grant, assignment, transfer, devise, bequest or trust created by any person, court or corporation; to negotiate, buy or sell for others all kinds of securities, evidences of debt, choses in action and real estate, charging for such service such sums of money as may be agreed on; to make and negotiate loans and to charge and to collect commissions on all loans negotiated for others, such commissions to be paid by the borrower or lender, as may be agreed on, not repugnant to

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the usury laws of this State; to act as agent for the purpose of transferring, registering or countersigning bonds, certificates of stock or other evidences of debt of any corporation, association, municipality, county, State or public authority, on such terms as may be agreed on; to accept and execute any trust committed to it of money or other property, real and personal, by any person, corporation or court, and to allow such rate of interest and charge such commissions on same as may be agreed on; to receive and manage any real or personal property conveyed to it in trust by any person or corporation for the purpose of securing negotiable notes or bonds with or without coupons, not bearing greater interest than the highest contract rate allowed by law, and to execute such trust upon such terms and conditions as may be agreed on by it and such other persons or corporations not contrary to law; to execute and issue its own debentures, bonds or notes singly or in series, secured by property placed with it for such purpose or owned by it; to guarantee loans, notes, bonds and evidences of debt when it is secured; to receive money and savings on deposit in such sums, on such terms, and at such rates of interest, if any, as may be fixed by the directors from any person or association or corporation, including executors, administrators, guardians, officers, assignees, receivers and trustees of every kind, and the rules and terms relating to such deposits shall be printed in pass-books furnished to each depositor, and shall be notice to such depositor of such rules and terms, and shall constitute the contract between the corporation and such depositor to do a general banking, exchange, savings bank, safety deposit, loan and trust company business, and do all acts by it considered advisable and best for the carrying on of same. Banking powers and privileges. Loans and mortgages. Proviso as to rate of interest. SEC. VI. Be it further enacted, That said corporation shall have power to accept and execute the office of executor of any lost will of guardian of the estates of minors and others, of administrator of agent, assignee, receiver or trustee of any kind, whether such office is conferred by any person or corporation, public or private, or Court of this State, or of the United States, or of any other State, and shall exercise such offices subject to the laws of this State not contrary to this Act, governing and applicable to the same, and shall be liable to be sued in any county where the appointment to such office is made, and if it shall have no agent in such county on whom service may be had, such service shall be perfected as now allowed in equity cases where the defendant is non-resident; and it shall be the duty of the Ordinaries of this State to grant and issue the proper letters to said corporation whenever it is appointed executor, guardian or administrator, and

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the oaths now required by law to be made in such cases, shall be made by the President or Cashier of said corporation, and perjury may be assigned on the same. The capital stock, assets and resources of said corporation shall be first and absolutely liable for the faithful execution of the trust confided to it as executor, guardian, administrator, agent, assignee, receiver or trustee as aforesaid, and said bank shall be subject to all the laws governing guardians, executors, administrators, trustees and other fiduciaries; and said corporation shall have power to act as fiscal agent for the State of Georgia or any other State; for any county, corporation or municipality, in any matter, for any purpose, or in any way that it may be called on to act, not contrary to the law or the provisions of this Act. When said corporation shall have any money in its hands, while acting in any of the aforesaid fiduciary or official capacities, which ought to be invested, or which it may desire to invest, it may invest the same in the bonds of the United States, or in bonds guaranteed or endorsed by this State, or in any bonds in which the laws of this State now or may hereafter allow the investments of similar funds, 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, when not contrary to any of the provisions of the instrument or the Act creating the trust, and it shall not be chargeable with any greater interest on such investments than they themselves produce, said corporation may convert into cash or change any investments which it may control in any of the aforesaid fiduciary capacities, but shall not be compelled so to do unless so required by the proper court, or by the terms of the trust. And when this corporation shall have any fiduciary funds or property in its custody or control, the Governor of this State, if he sees fit, or any emergency requires it, may appoint annually, or oftener, any reliable and responsible person to examine and report to him the condition and management of said corporation, and of such funds or property; but nothing in this Act shall operate to relieve this corporation from making the returns and exhibits now required of banks and trust companies. Authority to act as guardian or administrator. Capital stock, etc., liable for faithful execution of trust. Returns and exhibits. SEC. VII. Be it further enacted, That married women and minors may make deposits of money or other property with said corporation, and their checks and receipts shall be a full discharge to it, and any contract made by them with it concerning such deposits shall be valid and binding and enforcible in law; and such deposits shall be free from the debts or control of the husbands of such married women, or the parents and guardians of such minors. Married women and minors allowed to deposit.

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SEC. VIII. Be it further enacted, That the principal office of this corporation shall be in the city of Macon, Georgia, and it shall have power to do business within its corporate scope anywhere it may desire, and the Board of Directors may establish agencies and appoint such agents, and invest them with such powers, not inconsistent with this Act, as they may see fit. Principal office. SEC. IX. Be it further enacted, That the stockholders of this corporation shall be liable for its debts and contracts equally and ratably, and not one for another, to the amount of par value of their stock which they hold therein in addition to the amount invested in such stock. Liability of stockholders. SEC. X. 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 effect its power to faithfully and fully execute any trust held or contract made by it, or to injure any interest committed to its care, without the consent of all the stockholders, creditors and persons interested. Powers shall not be repealed. SEC. XI. Be it further enacted, That this charter shall be of force and effect for the term of fifty years from date of organization of said corporation, with the rights and privilege of having same renewed at the end of such time if it should desire. Term of charter. SEC. XII. 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 csmpany or firm the liabilities of the several members thereof), shall at no time nor by any construction or device exceed one-tenth part of the amount of the capital stock of said bank paid in. Liabilities not to exceed 10 per cent. of capital stock. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889. INCORPORATING THE CITIZENS BANK OF EASTMAN. No. 343. An Act to incorporate the Citizens Bank of Eastman, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That W. W. Ashburn, W. T. McArthur, A. T. Wiggs, W. N. Lietch, D. C. Bacon, C. B. Parker, J. T. Colcord, J. F.

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DeLacy and Dan'l Bullard, 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 Citizens Bank of Eastman, to be located in the city of Eastman, Dodge county, Georgia. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said bank shall be fifty thousand dollars, with the privilege of increasing the same to any amount not exceeding one hundred thousand dollars. Said stock to be divided into shares of one hundred dollars each; certificates of stock shall be issued to each stockholder truly representing his or her interest in the company, and all sales and transfers of stock in said bank, must, in order to be valid, be made on the books of the company by the owner of the stock or by his or her lawfully appointed attorney in fact. Capital stock. Transfers. SEC. III. Be it further enacted, That, when fifty thousand dollars shall be subscribed and paid in on account of subscriptions to stock, then the subscribers shall be and become a body corporate and politie, with continued succession, under the name of the Citizens' Bank of Eastman, 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 purchasing, holding and selling real and personal property in the safe prosecution of the business of said bank, and shall have power to make and use a corporate seal, and do all acts and things, and to pass and enforce all such rules and regulations as may be necessary and proper to carry into effect the objects and purposes of this Act, and the business of said corporation; Provided, said rules and regulations are not inconsistent with the laws of this State and of the United States. Authority to organize SEC. IV. Be it further enacted, That the directors of said bank may, on the first Monday in January and July of each year, declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of its net profits of the preceding half year to the surplus fund, until the surplus fund shall amount to twenty per centum of the capital stock, and thereafter the amount carried to the surplus fund shall be discretionary with the directors, and the capital stock and the surplus fund, and all the assets of every kind shall be liable for any and all debts of the company, and, in addition thereto, the stockholders shall be individually liable for the debts of the company, to the extent of one hundred dollars for each share of stock held by them. Dividends. Surplus fund.

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SEC. V. Be it further enacted, That the powers of this company shall be exercised by a Board of Directors of not less than five nor more than nine persons, to be chosen as hereinafter provided, who shall elect from their number a President; said directors shall also elect a Cashier, and appoint from time to time or at any time such other officers or agents as in their judgment the business may require; fix their compensation; dismiss them, and take bonds from persons so elected or appointed in such sum as they may deem proper for the faithful execution of their duties. The directors of the company shall be elected upon the first organization upon a call of a majority of the incorporators, of which organization each stockholder shall have written notice five days before the same and annually thereafter on the first Wednesday in October; and the directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all the meetings of the board and to fill any vacancies that may occur in the board. Each stockholder shall be entitled at all elections of directors of said company to one vote for each share of stock held by him, whether in his own right or in any fiduciary character; he may vote either in person or by proxy, under written power of attorney. If for any reason said election of directors is not held on the first Wednesday in October, then any number of the stockholders of said company, representing one-third of the whole number of shares of said company, may call a meeting, by giving a written notice to every stockholder five days in advance of the day of said meeting, or by giving five days' notice in the nearest newspaper to said bank of the day of said election. No election shall be valid unless a majority of the whole stock is represented at such stockholders' meeting. Board of Directors. How elected. Special meetings. SEC. VI. Be it further enacted, That said corporation shall have power to receive money on deposit; to loan and borrow money; to take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange; to act as agent for borrowers; to secure loans for them on real estate or other security, and charge a commission for negotiating same, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889.

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INCORPORATING THE MERCHANTS AND TRADERS BANK OF BRUNSWICK. No. 360. An Act to incorporate the Merchants and Traders Bank of Brunswick, Georgia; to confer certain powers and privileges upon the same; to name its number of Directors, and their qualifications; prescribe its minimum and maximum capital; authorize it to commence business when a certain amount of its stock is subscribed in good faith, and a specified sum is actually paid in money; to lay certain restrictions upon its officers and stockholders, and-so-forth, 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 James M. Madden, Moses Isaacs, James B. Wright, Ernest Briesenick, James S. Wright, Joseph W. Bennett, and Courtland Symmes, all of Glynn county, Georgia; Frank M. Scarlett, of Camden county, Georgia, and Henry Clay, of New Bedford, Massachusetts, and their associates, successors and assigns be, and they are hereby constituted and declared a body corporate and politic with perpetual succession, under the corporate name and style of the Merchants and Traders Bank of Brunswick, Georgia, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded, receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage, and otherwise dispose of 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 this State or the United States, and do any and 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 banking corporations and necessary and proper for the transaction of the business for which it is incorporated, including all the powers hereinafter specified. Corporators. Name. General powers. SEC. II. And be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be one hundred thousand dollars; but it shall have power, after said stock shall have been paid up, to increase its capital stock from time to time to any sum not to exceed two hundred and fifty thousand ($250,000) dollars, whenever it may be deemed expedient by the stockholders in meeting

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assembled, two-thirds of the entire stock being voted in favor of such increase before the same can be effected; said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars or more of said capital stock subscribed, and twenty-five thousand dollars actually paid in in lawful money of the United States, the said company may commence and proceed to business under this Act. Capital stock. Authority to commence business. SEC. III. And be it further enacted by the authority aforesaid, That the persons named in the first section of this Act, or any five of them, are hereby empowered to meet at any place in the city of Brunswick, at any time within three months after this Act becomes a law, and accept this charter; and then said corporators, or any three of them, are hereby empowered and created commissioners, with power to open books of subscription to the capital stock of said corporation, in manner following: Before opening such subscription books to the public generally, said commissioners shall first open the same, at some place in Brunswick, Georgia, to all persons who have signed an agreement to take stock in said bank when chartered, commonly called a preliminary subscription, and dated February 22, 1889, and which agreement is now in possession of said corporators, and keep the same open for the space of two days, during which time they shall allow no person to take and subscribe for shares in said corporation except those who have, previous to this Act, actually signed said preliminary subscription contract, and those only for the amount they agreed in said preliminary subscription agreement to take; and of the time and place where they will so open such subscription books for said preliminary subscribers, said commissioners shall give notice in writing, by publishing the same one time in the newspaper where the Sheriff's advertising of Glynn county is done, five days before said books are opened; and if, after the expiration of said two days, all of the shares in said corporation are not subscribed for on said subscription books, then said commissioners shall again open said subscription books to all who may desire to subscribe to the capital stock of said corporation, and keep them open in said city for the space of two days more; and of the time and place when such subscription books will be open to all persons, said commissioners shall give and publish a notice in the same paper and at the same time when they publish the notice first herein in this clause of this Act provided for, and both said notifications may be joined together in one advertisement; and if, at the end of said two days last above mentioned, there shall have been as much as fifty thousand dollars of said capital stock subscribed for, including all subscriptions, or if,

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at the end of the first mentioned two days, all of said shares have been taken, then said commissioners shall immediately cause written notice to be given all subscribers, by publishing the same one time in said newspaper ten 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 and a President and Vice-President. On the assembling of the subscribers, if a majority of the shares are represented in person or by written proxy, they shall proceed to hold an election for the first Board of Directors (which shall consist of such number as the subscribers may determine, not less than five nor more than nine) and a President and Vice-President 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, this charter and subscription lists, and there-upon this corporation will be organized. A majority of the board shall constitute a quorum for the transaction of business, and the President and Vice-President shall be, by virtue of their offices, members of said Board of Directors. But if, at the end of said last mentioned time for opening said books of subscription, there is not as much as fifty thousand dollars of said capital stock subscribed for, said commissioners shall continue to open such books of subscription, at such times and places and with such notice as they see fit to give thereof, given as they may think proper, until at least fifty thousand dollars of said capital stock is subscribed for, including all subscriptions, when they shall call the subscribers together to organize said corporation as above provided for. All subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs, assigns and legal representatives. Any person who signed said preliminary subscription, and who does not come forward and enter his name on said books of subscription, as provided in this Act, during the while the same are opened to preliminary subscribers only, shall forfeit all right under said preliminary subscription. Commissioners to open books of subscription. Election of officers. SEC. IV. Be it further enacted by the authority aforesaid, 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 their successors are elected and qualified. They shall have power to fill any vacancies which may occur in said board, and shall appoint a Cashier, Assistant Book-keeper, Teller, Attorney, or such of them as they deem best, and such other officers,

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agents and clerks as may in their judgment be necessary; fix their salaries and define their duties, and remove them whenever it seems to said board proper to do so; requiring of all officers and agents so appointed such bond and security as may be deemed proper by said board to secure the faithful discharge by them of their duties and of the trusts reposed in them, and require all such bonds strengthened when they think proper, or the stockholders so direct. 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 stockholders at an annual meeting. Certificates of stock shall be issued to the stockholders in such form and transferred in such manner as the directors may prescribe, but no stockholder shall transfer his or their stock except by consent of the directors of said bank, and if he or they are indebted to the bank as principal, security or otherwise, then not until such indebtedness is paid off and discharged. The Board of Directors shall cause minutes of all its proceedings to be recorded in a book to be provided for that purpose, and all by-laws shall be spread at length upon said minute book, which shall be safely and securely kept, and the same shall at all times be subject to the inspection of any stockholder. The minutes of said board shall be signed by the President, or President pro tempore, at each meeting, and attested by the Cashier or his assistant. Board of Directors. Their powers. Transfer of stock. Minutes. SEC. V. And be it further enacted by the authority aforesaid, That calls may be made by the Board of Directors for payments on account of subscriptions to the capital stock of said company in such amounts and at such time as they may see proper; Provided, that no call after the first call shall be made upon any stockholder for exceeding twenty per cent. of his subscription at any one time; and, also provided, that at least three months shall elapse between any two calls for payment unless larger or more frequent calls may be required to enable said corporation to meet any of its debts or obligations; in this event the full amount subscribed for by each stockholder, or as much thereof as necessary, may be at once called for by the Board of Directors; but nothing herein contained shall prevent any stockholder from paying a larger share of his subscription, or the entire amount thereof on such terms as he and the Board of Directors may agree upon. Calls for subscriptions. Proviso. SEC. VI. And be it further enacted by the authority aforesaid, That said corporation shall have power and authority to receive money on deposit, and to issue certificates of deposit on any terms agreed

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on; to loan and borrow money, and to take and give therefor such securities as may be considered best; to make advances and loans on real and personal property, or both; to invest its funds in such manner and upon such terms as it may deem best; to receive valuables or other articles of personal property, of any sort or kind, including certificates of stock, securities and other evidences of debt or choses in action, on deposit for safe keeping, from any person or persons, and from executors, administrators, guardians, receivers, trustees, other corporations, domestic or foreign, either public or private, 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, judgments, executions, warehouse receipts, mortgages and mortgage debts, conditional bills of sale, be the same on real or personal property, bonds, policies of insurance, either life, marine or fire, script, and county, State or municipal bonds, either foreign or domestic, stocks, bonds or debentures of other corporations, foreign or domestic, contracts, claims, receipts, rents, choses in action of any kind whatever, excontract and securities and evidences of debt generally, and charge therefor what may be agreed on; to buy, sell, rent, improve, mortgage, lease, manage, or otherwise to have, hold, use, operate or control any personal property and real estate for its own use or obtained in settlement of debts due it 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, collect, buy or sell for others, bonds, bills of exchange, promissory notes, rents, mortgages choses in action, securities and judgments, conditional deeds and bills of sale, insurance policies, warehouse receipts, stocks, script, debentures and evidences of debt as aforesaid, and also personalty of all kinds, and real estate in this or any State or Territory of the United States; to advance and loan money on all the same, and to negotiate and arrange advances and loans of money upon all 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, conditions and limitations

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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; to invest its funds in such manner and upon such terms as it may deem best, if consistent with the provisions of this Act; 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; 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, not over the lawful rate; 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. Banking powers and privileges. Loans and mortgages. Savings' department. SEC. VII. And be it further enacted by the authority aforesaid, That said company shall have the right to act as agent, factor or trustee for any State, county, town, municipality, corporation, company or individual, on such terms, as to agency and commission, as may be agreed on in registering, selling and countersigning, collecting, acquiring, holding, dealing and disposing of, on account of such State, county, town, municipality, corporation, company or person, bonds, certificates of stock or any description of property, real or personal, and generally for managing such business; and may charge such premiums, commissions or rate of compensation as may be agreed on in and for any of the matters and things authorized by this charter. Authority to act as trustee. SEC. VIII. And be it further enacted by the authority aforesaid, That said corporation shall have power to accept and execute any office of agent, assignee or receiver, whether the office or appointment shall be conferred by any person or persons, or by any court, either of the State of Georgia or of the United States; that said corporation shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian of the property, when appointed as such by will, but not otherwise; and the Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is duly appointed executor of any will or letters of guardianship of the property when so appointed by will; Provided, that said corporation, in thus becoming executor or testamentary guardian, shall be

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bound and subject to all the duties and liabilities imposed by law upon natural persons who are executors and guardians, and to accept and execute all such trusts, of every description, as may be committed to it by any person or persons, or any corporation whatsoever, or may be committed or transferred to it by an order or decree of any court, and shall have power to take and accept by grant, assignment, transfer, devise or bequest and hold any real or personal estate in trust created in accordance with the laws of this State, and execute such legal trusts in regard to the same on such terms as may be declared, established or agreed upon, in regard thereto; and said corporation is hereby authorized to act as trustee by appointment of any court in this State or under any deed or will; Provided, that in accepting and executing any such trusts, the said corporation shall become and be subject to all the duties and liabilities prescribed by law for the government of trustees, and the capital stock, property and assets of said bank shall be liable for the faithful management of the trusts confided to its care as agent, assignee, receiver, guardian, executor or trustee, as aforesaid. All laws of force in this State and not contrary to the provisions of this Act concerning agents, assignees, guardians, executors and trustees, shall apply to this bank when appointed to such office; and 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 investment, 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, should this bank be made a State depository at any time hereafter, as now provided by law, may at any time, if he sees fit, cause such examination to be made by the proper person or persons annually, or oftener, if in his opinion, an 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. Authority to act as executor or administrator. Proviso. Liability of corporation for trust funds. If made a State Depository. SEC. IX. And be it further enacted by the authority aforesaid, 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

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to the claims, control or debts of the husbands respectively of such married women, or the parents or guardians respectively of such minors, and the receipt, check or acquittances of such married woman or minor shall be a valid, lawful and sufficient receipt, discharge and acquittance to said bank for such deposit and accruing interest. Evidences of the deposit made shall be given by the bank by means of pass books, certificates, or in such other manner as they may prefer. Married women and minors can make deposits with this bank. SEC. X. And be it further enacted by the authority aforesaid, 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 shall, from time to time, 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 or corporation by signing promissory notes, bills, checks, receipts or certificates of deposit, in conducting the business of the bank. Cashier. SEC. XI. And be it further enacted by the authority aforesaid, That said corporation shall have the first lien upon the stock or shares of each stockholder, for any indebtedness that the stockholder may owe or be liable for, to the corporation, whether by overdraft, note, acceptance, endorsement, security or otherwise, but it shall make no loan or discount on the security of its own capital stock, and it shall have the first lien on any property, valuables and papers of every sort left or deposited with it by any depositor for any sum that such depositor may, in any way, be liable to it for either in the first or second instance, which liens hereby created shall be superior to all other liens except taxes. Liens on shares of stockholders. SEC. XII. And be it further enacted by the authority aforesaid, 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 as to injure any interest committed to its care and management without the consent of all the creditors and persons interested. Prohibits repeal of franchises, etc. SEC. XIII. And be it further enacted by the authority aforesaid, That the regular annual meeting of stockholders for the election of directors shall be held at the principal office of the corporation in Brunswick, Georgia, on the first Tuesday in January of each year, and each stockholder shall be entitled at all elections of said bank to one vote for each share of the capital stock held or owned by him, her or them in their right or in any fiduciary capacity; each stockholder shall vote in person or by proxy, under power of attorney,

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but no stock shall be voted which may be in arrears for installments, fines or other dues until such arrears are paid in full, and no person can hold a proxy who is not a stockholder in said corporation; but if no election shall be held on that day, it may be held on any subsequent day selected by the Board of Directors, of which they shall publish a notice one time in the paper where the Sheriff's advertisement of Glynn county are made, at least ten days before such appointed time; and if the Board of Directors should, within thirty days after the said first Tuesday in January, fail to make a call for the meeting for election as above, then the stockholders representing two-thirds of the shares may do so on same notice as above. Annual meetings. SEC. XIV. And be it further enacted by the authority aforesaid, That any number of the stockholders of said corporation who own or represent at the time, two-fifths of the capital stock, may, by publishing a notice thereof one time in the paper where the Sheriff's advertising for Glynn county is done, twenty days prior thereto, call a meeting or convention of all the stockholders of the corporation, at such time and place in the city of Brunswick, as may be in such call designated, but no act of the stockholders in such meeting or convention, except the election of directors, shall be valid or binding on the corporation, unless a majority of the stockholders in value shall be represented; nothing herein provided for shall prevent the Board of Directors from calling a meeting or convention of the stockholders whenever said board may deem it proper to do so. Meeting of stockholders. SEC. XV. And be it further enacted by the authority aforesaid, That the Board of Directors shall prepare, or have the Cashier to prepare, and lay before the stockholders at each of their annual meetings, and at any other time when requested by a majority of the stockholders at any duly called meeting, a statement, verified by the oath of the Cashier before some officer of the State authorized to administer an oath, of the business and condition of the bank, showing its assets and liabilities, which statement shall be recorded in a book kept in said bank for that purpose, and subject to the inspection of the stockholders; and all books of account, and papers of said bank, and the bonds of its officers, shall at all times be subject to the inspection of said stockholders; and also, make such returns, under oath, as now required to be made by law to the Governor of the State of Georgia. Statement as to condition of business. SEC. XVI. And be it further enacted by the authority aforesaid, That if any stockholder shall fail or make default for ten days to pay any call regularly made on his subscription to stock after the

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Board of Directors have published a notice of such call one time in said newspaper ten days before such call shall be required to be met, 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 Brunswick, after giving notice of said sale once in said paper ten days before such sale day, between the legal hours of sale, and said stock may be bought in by and for said corporation and be reissued to some other person 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 attorneys' 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 of said expenses, advertisement charges and attorneys' 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 the company as the delinquent would have done had he not so made default; or said Directors, if they think it best, may cause such delinquent to be sued in the amount of each call that he may make default. Forfeiture of stock. SEC. XVII. And be it further enacted by authority aforesaid, That no person shall be eligible to the office of director unless he owns not less than ten shares of stock of said company, and no person shall be eligible to the office of President unless he owns not less than ten shares, and no one can be Vice-President unless he owns not less than ten shares, and no non-resident shall be eligible to either of said offices, nor can any person who is President, director or other officer in any other bank, national, State or private, be a director or other officer of this bank, and that neither a directors' or stockholders' meeting can ever be held out of the county of Glynn, and State of Georgia, and any act at any meeting so held shall be absolutely void. Eligibility of officers. SEC. XVIII. And be it further enacted by the authority aforesaid, That the total liabilities to said bank of any person or of any company, corporation or firm (including 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 paid in; but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, securities convertible in the open market, shall not be considered as any portion of said liabilities, and no director, stockholder or owner of said bank shall, by virtue of such

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position, holding of office, be entitled to or enjoy any advantage, preference or privilege in the use of the funds of said bank which might not otherwise be extended to them. Liabilities must not exceed ten per cent. of capital stock. SEC. XIX. And be it further enacted by the authority aforesaid, That the Directors of said bank may semi-annually declare a dividend of so much of the net profits as they may judge expedient, after defraying its expenses and paying its debts; but before declaring such dividend they shall carry one-tenth of its net profits of the preceding half year to its surplus funds, until the same shall amount to twenty-five per centum of its capital stock, (but it shall not be lawful for them to create or accumulate a surplus of its profits exceeding one hundred per centum of their paid-up capital), and in estimating the net profits of said bank, no assets shall be accounted as solvent which are over six months past due and unsecured and not in process of collection, and all such insolvent debts shall be charged off before such surplus is set aside or dividend declared. Semi-annual dividends. Surplus. SEC. XX. And be it enacted by the authority aforesaid, That said corporation shall have its principal office in the city of Brunswick, 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. SEC. XXI. And be it further enacted by the authority aforesaid, That said corporation shall have a printed copy of this charter placed in a frame in their office, so that all persons may see the same who wish to transact business therewith. Printed copy of charter. SEC. XXII. And be it further enacted by the authority aforesaid, 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 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, or subscribed therefor. Liability of stockholders. SEC. XXIII. And be it further enacted by the authority aforesaid, That this charter shall be of force and effect for the term of fifty years from the date of the organization of said corporation. Term of charter.

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SEC. XXIV. And be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed, so far as they conflict herewith, but no further. Approved October 7, 1889. AMENDING THE CHARTER OF THE MERCHANTS BANK OF MACON. No. 362. An Act to amend an Act, approved February 17th, 1877, entitled An Act to incorporate the Merchants Bank of Macon, so as to declare the liability of the stockholders thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act, approved February 17th, 1877, entitled An Act to incorporate the Merchants Bank of Macon be, and the same is hereby amended by striking out the sixth section thereof, and inserting in lieu thereof the following: Section 6. Be it further enacted, by the authority aforesaid, That stockholders of said company shall be bound in their private capacity to any creditor of said corporation for the amount of stock subscribed for by him, until the said subscription is fully paid up, or until the stockholder shall have paid out of his private property, debts of said corporation to an amount equal to his unpaid subscription. And in addition thereto each stockholder shall be individually liable to the depositors of said bank, ratably and not one for another, to an amount equal to the stock owned by them. Amends original charter. Liability of stockholders. SEC. II. Be it further enacted, That the total liabilities to said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the capital stock by said bank paid in. Liabilities must not exceed ten per cent. of capital. SEC. III. Be it enacted, That all laws in conflict herewith be, and the same are hereby repealed. Approved October 7, 1889.

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INCORPORATING THE BRUNSWICK STATE BANK. No. 367. An Act to incorporate The Brunswick State Bank; to confer certain powers thereon, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by said authority, That E. S. Marsh and E. D. Thayer, of the city of Brandon, and State of Vermont, and C. Downing, Jr., J. H. Clark, Arnold Kaiser, John H. McCullough, John E. DuBignou, D. Glauber, James W. Drury, Charles B. Loyd, Bolling Whitfield, and A. J. Crovatt, of the city of Brunswick, county of Glynn, and State of Georgia, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of The Brunswick State Bank, to be located in the city of Brunswick, county of Glynn, and State of Georgia; and by such corporate name, shall be competent in law to contract and be contracted with: to sue and be sued; plead and be impleaded, in any court having jurisdiction over the subject matter involved, and to receive, purchase and hold any property of all descriptions, and to alien, convey, mortgage, and otherwise dispose of the same, in any manner that a natural person might lawfully dispose of similar property; that said corporation shall have the power to make, use, alter and renew, at its own discretion, a corporate seal, and make rules, regulations and by-laws, not inconsistent with the laws of this State or of the United States, and to do all the acts and things necessary to carry out the objects and purposes of this Act, and to exercise in general, all the powers incident and proper to such corporations, for the transaction of the business for which it is incorporated. The place of business and principal office of said bank, shall be in the city of Brunswick, Glynn county, Georgia, with the privilege of establishing agencies or branch banks for the transaction of business anywhere within this State. Corporators. Name. General powers. SEC. II. Be it, and it is hereby enacted, That the capital stock of said bank shall be the sum of fifty thousand dollars, ($50,000) to be divided into shares of one hundred dollars ($100) each, and it shall have the power, after said stock shall have been all paid in, to increase its capital stock from time to time to any sum not exceeding five hundred thousand dollars ($500,000) whenever it may be deemed necessary by the stockholders in meeting assembled, two-thirds of the entire stock being voted in favor of such increase before

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the same shall be effected. Said corporation is authorized to commence business so soon as fifty (50) per centum of its capital stock or twenty-five thousand dollars ($25,000) shall have been paid in, and the Board of Directors shall have power to call for the balance of said capital stock at such times and in such amounts and installments, as in the judgment of said directors, it shall be necessary. Capital stock. SEC. III. Be it, and it is hereby further enacted, That the business and corporate powers of said bank shall be carried on and exercised by a board of not less than five (5) nor more than nine (9) directors, to be chosen as hereinafter provided, who shall elect from their number, a President and Vice-President, and such other officers as may be necessary to the carrying on of the business of said corporation; they may make by-laws for their government, not inconsistent herewith; fix the number of directors who shall be a quorum for the transaction of business, and the dates of the meetings of said board, and the salaries of its officers. A majority of said directors shall be citizens of said State, and each director shall be the owner in his own name of not less than five shares of said capital stock, and no director shall hypothecate or pledge said minimum of five shares of stock for any loan or debt, so long as he shall continue a director; and said board shall have the power to elect a Cashier, and all other officers as the interest and business of said bank may require, as aforesaid; said directors, from the date of their election, shall serve for the term of one year, and until the election of their successors. Management. SEC. IV. Be it, and it is hereby further enacted, That the persons named in the first section of this Act, or any three of them who shall be elected by said persons, or a majority of them, shall cause a notice to be given to the subscribers to the stock of said bank, personally or by mail, requiring said subscribers and stockholders to assemble at a time and place to be designated by them to organize this corporation and elect a Board of Directors. Upon the assembling of the aforesaid subscribers, who are hereby authorized to appear by written proxy, they shall proceed to hold an election for the first Board of Directors, which shall consist of such number as said subscribers may determine, not less than five nor more than nine, under the supervision of said persons named in the first section of this Act, or a majority of them, who shall declare the result of said election and turn over to the Board of Directors so elected the moneys subscribed on account of said stock, the charter and subscription lists, and thereupon this corporation shall be organized. All subscriptions to the capital stock shall be binding upon the subscribers and upon their heirs, assigns and legal representatives,

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and shall be payable at such times and in such installments as the directors may require, said directors giving at least one notice personally or by mail ten days prior to the date of the payment of such installment; and if any stockholder shall fail to pay any installment so called for thirty days after the time so designated his stock shall be in default, and the Board of Directors may cause his stock to be sold out to the highest and best bidder for cash on the day and in the manner now provided by law for legal sales in this State; and said stock may be bought in by and for said corporation, and be reissued to some other subscriber upon his paying for the value of the same, including the amount of the call, the said delinquent stockholder receiving the surplus, if any, which said defaulted stock shall bring at said sale, over and above the expenses incident upon said sale, the advertising charges and attorneys' fees, if any, and all of said expense shall be made good to said corporation by such delinquent stockholder. A new certificate of stock shall be issued to the purchaser, and he shall in the same relation to said corporation as the original subscriber would have been had he not so made default. Each stockholder shall be entitled to one vote for each share of stock standing in his or her name; in all elections for directors, including the organization meeting, or any meeting of the stockholders, such vote may be given in person or by written proxy, duly appointed.All votes shall be by ballot, and at any election, including the organization meeting, a plurality of votes shall elect. In addition to fixing the salaries, the Board of Directors shall have power to define the duties of all officers and clerks, and remove them when it seems to said board proper so to do, requiring each of said officers, clerks and agents to give such bond and security for the faithful discharge of their trusts and duties as may be deemed necessary by said board. Said Board of Directors shall have power to declare dividends out of the earnings of said bank; Provided, that 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 in a permanent surplus fund, until such surplus shall be equal to twenty per cent. of the capital paid in Certificates of stock shall be issued to the stockholders in such form, and transferred in such manner as the directors 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 the stockholders for the election of directors shall be held at the office of said bank,

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in the city of Brunswick, on the first Tuesday in November of each year, but if no election be held on that day, it may be held at any subsequent time selected by the Board of Directors, notice for one week, in all cases of elections held after the regular meeting day, having been given in a newspaper published in the city of Brunswick, and, if said Board of Directors shall fail to call a meeting within thirty days from said first Tuesday in November, for the said election as above stated, then the stockholders representing two-thirds of the shares of the stock of said corporation, may do so, on the same notice as above provided for. Books of subscription. Authorized to organize. Forfeiture of stock. Board of Directors. Dividends. Surplus. Annual meetings. SEC. V. Be it, and it is hereby further enacted, That any stockholders of said corporation who shall own or represent at the time one-fourth of the capital stock, may, by giving fifteen days' notice in a newspaper published in the city of Brunswick, and by notifying each non-resident stockholder by mail, call a meeting of all the stockholders of said corporation at such time and place in said city as may be designated, but no act of the stockholders in such meeting, except the election of directors, shall be valid or binding on the corporation unless a majority in value of the stockholders shall be represented, but nothing herein shall prevent the Board of Directors from calling a meeting of the stockholders whenever said board may deem it proper or necessary. Special meetings SEC. VI. Be it, and it is hereby further enacted, That said bank shall have power and authority to receive money on deposit, and to issue certificates of deposit on any terms agreed on; to lend and borrow money; to take and give therefor such securities as may be considered best; to make advances on real and personal property, or both; to invest its funds in such manner and upon such terms as it may be deemed best; and to transfer its property at pleasure; to receive valuables or other articles of personal property, including certificates of stock and securities, or other evidences of the same or titles thereto, on deposit for safe-keeping, from any person or persons, as well as from executors, administrators, guardians, receivers, trustees, public and private officers, and all other fiduciaries, said corporation charging and receiving therefor such sums of money as may be agreed upon; to deal in precious metals, foreign and domestic exchange; buy, sell, discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatever, mortgages, bonds, stocks, securities and evidences of debt generally; to buy, sell, rent, improve, mortgage, lease, manage, or otherwise 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

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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, and securities and personalty of all kinds, and real estate in this or any other State or Territory in the United States; to advance and loan money on the same, and to negotiate advances and loans on the same, and 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 rate of interest than the highest contract rate fixed by the 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 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 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; 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, singularly or in series or classes of any denomination properly secured, upon property placed with said corporation for said purposes, or upon property owned or held by it; to execute and to issue demands, receive and enforce all such receipts, certificates, contracts, bonds or other instruments or writings 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 a general banking business, and all acts that may be considered by it advisable and best for carrying on the same. That the total liabilities to said bank of any person, or of any company, corporation or firm (including in the liabilities of the company or firm, the liabilities of the several members thereof) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Banking powers and privileges. Investments. Loans and mortgages. Bonds. Savings deposits. Liabilities.

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SEC. VII. Be it further enacted, That said corporation shall have the 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, and generally for managing such business for such corporation as may be agreed upon. Authority to act as fiscal agent SEC. VIII. Be it, and it is hereby further enacted, That married women and minors shall be competent to make deposits with said corporation, of money or other thing of value, and their checks or receipts for the same shall be a sufficient discharge to said corporation; and any contract made by them with said corporation in the course of business with said corporation, as to said deposit, shall be valid and binding in law, and such deposits shall not be subject to the claim, control or debts of the husbands, respectively, of such married women, the parents or guardians, respectively, of such minors. Deposits of married women and minors. SEC. IX. Be it, and it is hereby further enacted, That said corporation shall be responsible to its creditors to the extent of its property and assets, and the stockholders in addition thereto, shall be individually liable equally and ratably, and not one for another as sureties to the creditors of such 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; that the powers, franchises and privileges granted this corporation in this Act, 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 as to injure any interest committed to its care and management, without the consent of all the stockholders, creditors and persons interested. Liability of stockholders. SEC. X. Be it, and it is hereby further enacted, That this charter shall be of force and effect for, and during the term of fifty (50) years from the date of the organization of said corporation. Term of charter. SEC. XI. Be it, and it is hereby further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 11, 1889.

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INCORPORATING THE FARMERS BANKING COMPANY OF SPALDING COUNTY. No. 368. An Act to incorporate the Farmers Banking Company of Spalding County. SECTION I. Be it enacted by the General Assembly of Georgia, That J. D. Weems, J. F. Stillwell, W. E. H. Searcy, I. H. Mitchell, J. J. Elder, H. T. Patterson, W. V. Maddox, J. V. Williams, Judge Drewry and J. D. Cunningham be, and they are hereby, incorporated under the name of the Farmers Banking Company of Spalding County, and under said name to have an existence for thirty years, with power to sue and be sued, plead and be impleaded, contract and be contracted with, acquire, hold, lease, mortgage, alien and convey real and personal property, so far as is necessary in carrying on a general banking business, and generally do whatever acts are necessary to enable it to carry on a banking business. The domicile of said corporation shall be in Griffin, Spalding county, but it can establish agencies anywhere in the State of Georgia or in the United States. Corporators. Name. General powers. Domicile. SEC. II. Be it further enacted, That the incorporators of said company shall be the directors of this branch of the business, over which the President of the company shall preside. The directors shall have power to appoint such officers, clerks or agents, and delegate to them such powers, as they may deem proper for carrying on the business of this croportion, not in violation of this charter, or the laws of this State or the United States, and fix salaries and terms of employment, with power to remove officers, clerks and agents, when they deem it proper to do so. Board of Directors. SEC. III. Be it further enacted, That said corporation shall have power and authority to carry on in this State a banking, investment and loan business; to receive money on deposit, with or without allowing interest thereon as may be agreed upon, and issue certificates of deposit therefor; to buy and sell exchange, foreign and domestic, loan and borrow money, and to take and give therefor real or personal securities or otherwise as may be considered best, and sell and assign such securities; to make advances on real or personal property, or both; including growing or harvested agricultural, horticultural or other crops and mineral products; to invest its funds in such manner and upon such terms as it may deem best, and to transfer its property at

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pleasure; to receive valuables or other articles of personal property of any sort or kind, including stocks, bonds, 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, and buy, hold or sell or discount or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatever, mortgages on real or personal property, stocks of other corporations, with the rights of individual stockholders, bonds or other securities of other corporations or of any State or the United States or elsewhere, and evidences of debt generally, either on its own account or for others. Banking powers and privileges. SEC. IV. 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 whatever; for negotiating, issuing, registering, selling, and countersigning bonds, certificates of stock, or other obligations, and generally for managing such business for such corporation as may be agreed upon. Fiscal agent. SEC. V. Be it further enacted, That married women or minors shall be competent to make deposits with said corporation of money or otherwise, and their checks or receipts for the 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 or trustees respectively of such minors. Married women and minors may deposit. SEC. VI. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, with privilege to increase the same, by majority vote of its directors, to one hundred thousand dollars, and it shall not exercise the powers conferred by this Act until at least the sum of twenty-five thousand dollars has been invested and actually paid in on the capital stock. Capital stock. SEC. VII. Be it further enacted, That said corporation shall be responsible to its creditors to the extent of its entire property and assets, including unpaid subscriptions; and in addition thereto each stockholder shall be individually liable ratably, and not one for another to the creditors of said corporation in an amount equal to the par value of his stock. Liability of stockholders.

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SEC. VIII. 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 said company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Extent of liabilities. SEC. IX. Be it further enacted, That said corporators shall be directors for one year, and they and their successors shall have authority to pass by-laws governing the election of directors, officers, and the government of said bank. And the said corporators, or any three of them, shall have the right to open books of subscription and organize said bank. Authority to organize. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 11, 1889. INCORPORATING THE SAVINGS BANK OF GRIFFIN. No. 369. An Act to incorporate the Savings Bank of Griffin; to confer certain powers and privileges on the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Benjamin R. Blakely, Roswell H. Drake, [Illegible Text] P. Nichols, Robert T. Daniel, and their associates and successors, be, and they are hereby made a body corporate and politic, under the name of the Savings Bank of Griffin, and in such name shall have the power to sue and be sued, plead and be impleaded, in any court having jurisdiction over the subject matter involved; to receive, own, purchase, hold, use and enjoy property of all descriptions, in the prosecution of its business as a bank of discount and deposit, and alien and convey, lease and mortgage, and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property; to make, use and alter a common seal; to make by-laws and rules for the government of the same, not inconsistent with the laws of this State, nor of the United States; to contract and be contracted with, and in general, to exercise any corporate power necessary to the execution of the power herein conferred. Corporators. Name. General powers.

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SEC. II. Be it further enacted, That the capital stock of this corporation shall be ($50,000) fifty thousand dollars, to be divided in shares of ($100) one hundred dollars each; but it shall have the power, after the said stock has been paid up, to increase its said capital stock to any sum not exceeding (100,000) one hundred thousand dollars; Provided, two-thirds of said stockholders, at a stated annual meeting, shall vote in favor of such increase. So soon as ($5,000) five thousand dollars have been paid in to the commissioners under this Act, a meeting of the stockholders shall be called, and an organization perfected. At said meeting a Board of Directors, consisting of nine stockholders of said bank, shall be elected. A stockholder must own ten shares of the stock to entitle him to be elected a director. From said Board of Directors shall be elected a President, Vice-President and a Cashier. Such other officers shall be elected or appointed as said board shall determine. Said board shall fix the salaries and duties of the officers. Capital stock. Organization. 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 subseriptions to said capital stock at such time and place as they may deem best, and when five hundred shares of stock have been subscribed for, and ten dollars paid in cash, on each share to said Commissioners, then said Commissioners shall call a meeting of the stockholders for the purpose of organizing and electing a Board of Directors. The first Board of Directors shall serve until the first Wednesday in January, 1891, at which time and, annually thereafter, the election shall be held for directors. The Commissioners appointed under this Act shall turn over to the said Board of Directors the money collected and the subscription list, and such other books and papers as they have, belonging to said organization. All subscriptions to said capital stock shall be binding on the subscribers, their heirs, assigns and legal representatives, and shall be payable as hereinafter provided. Commissioners to open books of subscription. Board of Directors. SEC. IV. Be it further enacted, That the subscription to the capital stock shall be paid in after the first ten dollars per share has been paid, in monthly installments of one dollar per share, and on such day in each month, as shall be determined by said Board of Directors. And if any stockholder shall fail to pay any installment on the day the same shall become due, he shall be fined the sum of (2c) two and one-half cents per share for each day he fails to pay. At the expiration of fifteen days, the Cashier shall notify the said delinquent stockholder in writing, either personally or through the mail, that unless his installments and fines are paid

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within ten days from that date, that his stock will be sold, after advertising the same for five days. Said advertisement shall be made by posting the same in a conspicuous place in the office of said banking company. On the day of sale, the Cashier shall proceed to sell the same, in such manner as shall be prescribed by the Board of Directors. When the said stock is sold, the proceeds of the sale shall be applied to the payment of the expenses of the said sale, and the amounts due by said stockholder to said bank, for both principal and fines, the balance, if any, shall be paid over to the said stockholder. A certificate shall then be issued to the purchaser, and he shall stand in the same position as the original stockholder, had he not defaulted in the payment of his installments. Each stockholder shall be entitled to one vote for each share held by him; such vote may be given in person or by proxy. All voting shall be by ballot, and a plurality of the votes cast shall be sufficient to elect or to decide a question. Subscriptions payable in installments. Forfeiture of stock. SEC. V. Be it further enacted, That said company shall have the right, so soon as ($12,500.00) twelve thousand five hundred dollars has been paid in, to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for any person or company, partnership or corporation; to invest its own money or the money of others; to lend or invest money in or upon the security of any mortgage, pledge, deed or otherwise, on or over any real, personal, mixed or other property, or interest therein of any description situated anywhere in this State; to lend money upon notes, bonds, choses in action, or any and all negotiable or commercial paper, or any crops or produce whatever, or any stocks, bullion, merchandise or effects, the same to sell and in any way dispose of and to charge any rate of interest that may be agreed on in writing not to exceed the highest rate allowed by law; and it may make such loans for any length of time agreed on, and charge interest for the whole time and to include the same in the note or notes or other security given therefor, and to collect the same by monthly or semi-annual or annual installments or otherwise, without any rebate of interest thereon; and all the power given building and loan associations, so far as collecting and receiving and enforcing the collection of its installments, and so far as loaning or advancing money on real estate and taking real estate security, is hereby given and vested in said company. Said company may receive savings on deposit under such rules as the directors may prescribe not inconsistent with the laws of this State or of the United States, paying therefor such interest as may be agreed upon; do a general

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banking business, and to do all acts as may be considered by it to be advisable for the carrying on of said business. Banking powers and privileges. Loans and mortgages. Savings department. SEC. VI. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or other things, and their checks or receipts for the same shall be a sufficient discharge for said company, and any contract made by them with said corporation in the course of business with said corporation as to said deposits, shall be binding and not be subject to the claims or contracts or debts of the husbands, respectively, of such married women, or the parents or guardians respectively, of said minors. Deposits of married women and minors. SEC. VII. Be it further enacted, That said corporation shall have its principal office in Griffin, Georgia, but may do business within its corporate scope anywhere within the United States of America. Principal office. SEC. VIII. Be it further enacted, That all the assets of said corporation, including the unpaid subscriptions to the capital stock thereof, shall be liable to the creditors of said corporation, and in addition thereto the stockholders thereof shall be liable equally and ratably and not one for another to an amount equal to the amount of their capital stock at its par value, for all debts of said bank. Liability of stockholders. SEC. IX. Be it further enacted, That the total liabilities to said bank of any person, or of any company, corporation or firm, (including in the liabilities of the company or firm, the liabilities of the several members thereof) shall at no time, nor by any construction or device exceed one-tenth part of the amount of the capital stock of said bank paid in. Liabilities must not exceed 10 per cent. of capital stock. SEC. X. Be it further enacted, That the stock of said corporation shall not be transferable, except upon the books of the company, and no transfer shall be made until all fines and dues upon the stock to be transferred shall have been paid. Transfer of stock. SEC. XI. Be it further enacted, That this charter shall be of force and effect for the full term of thirty years, with the privilege of renewal at the expiration of that time. 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 October 11, 1889.

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INCORPORATING THE GERMANIA SAVINGS BANK. No. 380. An Act to incorporate the Germania Savings Bank, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Henry Blun, Isaac Paulsen, G. M. Ryals, Gustave Fox, I. C. Klein, H. Busse, R. Pechman, and Geo. W. Owens, and such other persons as may hereafter be associated with them and their successors and assigns, shall hereafter be a body politic and corporate, with succession for fifty years, under the name and style of the Germania Savings Bank, and by said name have power to sue and be sued; to have a corporate seal, with power to change the same from time to time, and by that name shall be capable of purchasing, taking, holding and enjoying to them and their successors, all property of every nature that may be necessary for the purpose of promoting the objects of said corporation, and of selling, leasing and otherwise disposing of the same or any part thereof; of receiving deposits of money, and purchasing and selling bills of exchange, lending money and discounting bills of exchange drawn against shipments of produce or any other valuable property, and notes secured by mortgage, pledge or endorsement, at their will. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of this corporation shall be fifty thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing the same, from time to time, to any sum not to exceed five hundred thousand dollars, whenever it may be deemed expedient so to do by the stockholders in meeting assembled; two thirds of the entire stock being voted for such increase. Said corporation is hereby authorized to commence business as soon as twenty-five thousand dollars shall be paid in on 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. Each stockholder shall pay at least ten per centum on his stock at the time of subscription for the same, and subsequently shall pay in at least five dollars per month for each share so held or subscribed for, until the value of each share from said payments shall be one hundred dollars. All transfers of stock of said corporation, shall be made in person or by written power of attorney, in a book kept for such purpose and in accordance with the by-laws of said corporation. Capit stock. Authorized to begin work. Transfer of stock.

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SEC. III. Be it further enacted, That the subscription to its stock and the by-laws of said corporation shall be binding upon all of its stockholders; and the payment of all installments and other dues to the corporation by its stockholders may be enforced by such penalties as may be, from time to time, provided in its by-laws. Liability of stockholders. SEC. IV. 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 interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall from time to time prescribe; and said corporation may accept and execute such trusts, of any description as may be committed to it by any person or persons, by will or otherwise, or by order of court. Deposits for investment. SEC. V. Be it further enacted, That said corporation shall have power to issue certificates of deposit for any amount not less than one dollar, with or without interest; but if bearing interest, at a rate not exceeding seven per centum per annum. Certificates of deposit. SEC. VI. Be it further enacted, That so soon as twenty-five thousand dollars of the capital stock of this corporation shall have been paid in lawful money, the stockholders may organize and proceed to business under this Act, on giving three days' notice through a public gazette to the stockholders, requiring them to assemble and organize and elect a Board of Directors. The corporate powers of this 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, from their number shall elect a President and Vice-President. Said directors shall elect a Cashier and appoint such other officers and agents as they may deem necessary; dismiss them, fix their compensation, and require bond from the persons so elected or appointed in such sum as they may deem proper for the faithful performance of their duties. The directors shall be elected by the stockholders at the time of the organization by a majority of the stockholders, and annually thereafter on the second Wednesday in June, and shall continue in office until their successors are elected or appointed 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 to one vote for each share of stock held by him in his own right or in any fiduciary capacity. Absent stockholders may be represented and vote by proxy; Provided, the person holding such proxy shall be a stockholder in this

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corporation. No person shall be eligible as a director who does not own in his own right ten shares of stock unpledged and uneneumbered. Election of Board of Directors. Other officers. Annual elections. Proxies. SEC. VII. Be it further enacted, That stockholders owning two-fifths of the stock of this corporation may call a meeting of stockholders in the city of Savannah, by giving twenty days' notice of such meeting in a public gazette of said city, but no act there done, except the election of directors, shall be valid, unless concurred in by a majority of the stockholders of said corporation. Nothing herein provided shall prevent the Board of Directors from calling a meeting of said stockholders whenever they may deem it necessary to do so. Special meetings. SEC. VIII. Be it further enacted, That it shall be lawful for said corporation to pay to any depositor, being a minor without a guardian, such sum of money as may be due such depositor, and the receipt or acquittance of such depositor shall be as valid and binding as if the same had been executed by a duly qualified guardian. Married women may deposit money in their own names and receive the interest or dividend thereon, and receive or withdraw the same; and such deposits shall not be liable or subject to the control of their husbands nor liable for their debts. The corporation shall keep a book at its office in which each depositor, on signing his name, shall be at liberty to appoint some person to whom, in the event of death, the money to his credit shall be paid without administration, and whose receipt for the same shall relieve this corporation from any liability on account of such payment. Deposits of minors and married women. SEC. IX. Be it further enacted, That said corporation shall have, from time to time, power to make and establish such by-laws and regulations as it shall deem proper for the direction of its officers, and prescribing their duties and mode of performing the same; for regulating the time and place of meeting of its officers, and for transacting and managing all business and directing and managing the affairs of the corporation; provided, the same do not conflict with the laws of this State or of the United States. Regulations and by-laws. 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, not one for the other, as sureties to the creditors of said corporation, for all the contracts and debts of said corporation, to the extent of their stock therein, at par value at the time the debt was created, in addition to the amount invested in said stock. Liability of stockholders. SEC. XI. Be it further enacted, That the total liabilities of said bank, or any person, or of any company, corporation or firm, (including

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in the liabilities of the company or firm the liabilities of the several members thereof,) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Liabilities not to exceed 10 per cent. of capital. SEC. XII. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. INCORPORATING THE COMMERCIAL BANK OF CEDARTOWN. No. 393. An Act to incorporate the Commercial Bank of Cedartown, Ga., and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That R. A. Adams, R. G. Herbert, G. W. Lindsey, W. F. Turner, J. A. Blance, J. K. Barton and Robt. O. Pitts, of Cedartown, Ga., and such other persons as may hereafter be associated with them and their successors and assigns, are hereby constituted a body corporate under the name of The Commercial Bank of Cedartown, to be located in the city of Cedartown, Polk county, Georgia. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing it to one hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be twenty-five thousand dollars of said capital stock subscribed, and the same amount actually paid in, the said company may organize and commence business under this Act. Capital stock. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be twenty-five thousand dollars or more, and when the same amount, 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 Commercial Bank of Cedartown, and by that name shall exercise corporate powers, and be competent to contract and be contracted with, to sue and be sued, plead and be impleaded in any court

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having jurisdiction in the subject matter involved, and shall have power to take, receive, purchase and hold, as security for or in payment of any loans or advances made, real, personal or mixed property, so far as may be necessary, for the safe and convenient prosecution of the business of said bank as a bank of discount and deposit, and afterwards sell and convey such property, real, personal and mixed, and may execute and issue all such receipts, certificates, contracts, deeds and bills of sale, or other instruments, as may be necessary; and said bank shall have power to make and use, renew and alter, at pleasure, a corporate seal, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporation, not inconsistent with the laws of this State or of the United States. General powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money; take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to make advances on cotton and other agricultural products, with liens thereon; to secure said advances by attaching bills of lading and otherwise, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investments of its funds. Banking powers. SEC. V. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than three, nor more than seven directors, to be chosen as hereinafter provided, who shall elect from their number a President; may declare by-laws for their government, not inconsistent herewith; fix the number of said directors, who shall be a quorum for the transaction of business; the day of meeting of said board, and the salaries of its officers. Each of said directors shall be a citizen of this State, and be owner in his own name of not less than five shares of said stock. Said board shall have power to elect a Vice-President and Cashier, and such other officers as the interest and business of said bank may require. Management of the business. SEC. VI. Be it further enacted, That the total liabilities to said bank, of any person or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, and loans payable on demand, and securities convertible in the open market, shall not be considered as any portion of said liabilities, and no director, stockholder

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or officer of said bank shall, by virtue of such position, holding or office, be entitled to or enjoy any advantage preference or privilege in the use of the funds of said bank, which might not otherwise be extended to them. Liabilities must not exceed ten per cent of capital. 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 its expenses and paying its debts; but, before declaring such dividend they shall carry one-tenth ([UNK]) of its net profits of the preceding half year to its surplus fund until the same shall amount to twenty-five per centum of its capital stock, (but it shall not be lawful for them to create or accumulate a surplus of its profits exceeding one hundred per centum of their paid up capital), and in estimating the net profits of said bank, no assets shall be accounted as solvent which are over six months past due and unsecured and not in process of collection, and all such insolvent debts shall be charged off before such surplus is set aside, or any dividend declared. 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 bound to the company for any dues or other indebtedness by such stockholder to the company; and no stockholder who may be indebted to said bank, either as principal, security, or endorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the President and directors of said bank, and all sales and transfers of stock in said bank must, in order to be valid, be made on the registry and transfer books of the company by the owner of the stock or his lawfully appointed attorney in fact; and the Board of Directors may close the transfer books from time to time, as provided by their by-laws, as the conveniences of the bank may require. Certificates of stock. Transfer of stock. 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 length of time as they may deem proper, but for no less amount of subscription than twenty-five thousand dollars, as hereinbefore provided. The directors of said bank shall be elected by a majority in interest of the stockholders thereof voting at said election, under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscriptions called for by them, and on the second Monday in January in every year thereafter. No election shall be valid when a majority of the whole stock paid in

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is not represented. And in any election for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the board of directors during the intervals of election may be filled by said board; and it shall be the duty of the President of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns to the Governor of this State as are now required by law to be made. Commissioners to open books of subscription. Annual elections. Semi annual statements. 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. In case there is no election of directors. SEC. XI. Be it further enacted, That after twenty-five thousand dollars or more, by installments, have been paid in, in lawful money of the United States, said company may organize and elect directors, and from its body elect a President; and when such organization shall have been perfected, such directors shall call in the balance of said subscription on stock, in such installments as they may deem best for the institution. Organization. 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 indebtedness for such subscription to stock of such defaulting subscriber by bringing suit therefor in the courts of the State, city or county, where said defaulting subscriber resides. Forfeiture of 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 sum as they may require. It shall be the duty of the Cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care or shall come into his possession in the regular course of business, and he shall have power to bind the company by signing promissory notes, checks, receipts or certificates of deposit in conducting the business of the bank. Cashier.

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SEC. XIV. Be it further enacted, That the company shall have a printed copy of this charter placed in a frame in their office so that all persons may see the same who wish to transact business therewith. Printed copy of charter for office. SEC. XV. Be it further enacted, That in all elections stockholders may ballot by proxy as well as by themselves; that a director, when he cannot attend the meeting of the directors, may empower another to vote for him on all questions that may or shall come before said Board of Directors for action in his absence. Proxies. SEC. XVI. Be it further enacted, That each stockholder shall be liable to the creditors of said bank to the amount of his unpaid subscription, and in addition thereto to an amount equal to the par value of the stock owned by him; each stockholder to be liable individually and retably only, and not one for another. Liability of stockholders. SEC. XVII. Be it further enacted, That this Act shall take effect immediately upon its passage, and shall continue in force for thirty years thereafter. Term of charter. SEC. XVIII. Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm, (including in the liabilities of the company or firm the liabilities of the several members thereof,) shall at no time nor by any construction or device exceed one-tenth part of the amount of the capital stock of said bank paid in. Liabilities must not exceed ten per cent. of capital stock. SEC. XIX. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved October 16, 1889. INCORPORATING THE BROOKS ALLIANCE BANKING COMPANY. No. 401. An Act to incorporate the Brooks Alliance Banking Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That James A. Bentley, Neal Hendry, I. G. Golding, M. F. Groover, Richard Scruggs and Lawrence Lawson, and such other persons as may be hereafter associated with them, and their successors and assigns, shall be, and they are hereby, created a body politic and

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corporate, and under the name and style of The Brooks Alliance Banking Company, and by that name shall be corporated for the term of thirty years with the right of renewal; shall and may sue and be sued, plead and be impleaded, defend and be defended, in any court whatever; may have and use a common seal, and have such powers as are herein set forth. Their office shall be in Quitman, Brooks county, Georgia. Corporators. Name. General powers. Domicile. SEC. II. Be it further enacted, That the capital stock of said banking company shall be twenty-five thousand dollars ($25,000), divided into five thousand shares of five dollars each, and each share shall entitle the owner thereof to one vote at all meetings of the stockholders. The capital stock may be increased to any amount not to exceed two hundred thousand dollars at any time by a vote of two-thirds of the stockholders. Capital stock. SEC. III. Be it further enacted, That no one shall be a director or other officer in said corporation except he is a member of an Alliance, and the Board of Directors shall have the power to prescribe in the by-laws who shall or can become possessed of stock in said corporation, and the manner in which and the conditions under which stock may be purchased or owned and transferred. Who may be stockholders. SEC. IV. Be it further enacted, That no one person be permitted to purchase or hold in his or her name more than five hundred shares; and shall any one person become possessed of more than five hundred shares the number of shares in excess be denied a voice in all meetings of stockholders. Limit to number of shares owned by one person. SEC. V. Be it further enacted, That as soon as twelve thousand five hundred dollars shall have been subscribed, the incorporators, or a majority of them, shall call a meeting of the stockholders and proceed to the election of a board of nine directors, who, upon their election, shall proceed to elect a President and two others, who, with himself, shall constitute an Executive Board. The directors shall elect a Cashier and such other help as they deem necessary to carry out the intents of the corporation, and prescribe such bond and security as they deem necessary. They shall call a meeting of the stockholders at least once a year, on the first Tuesday in December, at their office in Quitman, Brooks county, Georgia, and make to them a full report of the management of said banking company for the preceding year. Organization. Annual meetings. SEC. VI. Be it further enacted, That the stock shall be transferred only on the books of the company, either in person or by power of attorney, and no stockholder shall transfer his or her stock, except by the consent of the officers of said banking company, if he is indebted to the bank as principal, security or otherwise,

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until such indebtedness is paid off and discharged; and for all such indebtedness the bank shall have a first lien upon the stock of such stockholder. Transfer of stock. SEC. VII. Be it further enacted, That when twelve thousand five hundred dollars of lawful United States money shall have been paid in by stockholders, the Directors shall be empowered to proceed with their business, receive deposits, discount commercial paper, buy and sell exchange, acquire and hold real and personal estate, and perform such other acts usual in such cases; shall have authority to loan money on real and personal 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 interest allowed in contract by the laws of Georgia. Authority to commence business. SEC. VIII. Be it further enacted, That the said company shall have power to receive on storage or deposit, goods for safe-keeping, wares, merchandise, bullion, specie, freight, stocks, bonds, choses in actions, certificates and evidences of debt, titles and other personal property, to guarantee the payment of promissory notes, bills of exchange, and liens or securities, and to advance and loan money, take securities, and extend credit on personal property, and the faith and security thereof, and to transact and carry on all kinds of business usually transacted by safe deposit companies. Banking and storage privileges. SEC. IX. Be it further enacted, That said corporations shall be responsible to its creditors to the extent of its property and assets, and the stockholders shall be individually liable, ratably, and not one for another, to the creditors of said corporation, to an amount equal to the amount of their stock therein, at the par value thereof at the time the debt was created, in addition to the amount invested in said shares. Liability of stockholders. SEC. X. Be it further enacted, That at least twenty-five per cent. of the earnings of the corporation to be set aside as a reserve fund, to be used in such manner as the directors shall prescribe; Provided, however, that when said reserve fund shall have equaled the capital stock, that the certificates of stock be issued to holders of the original stock, and such stock be subject to the same laws governing original stock. Reserv fund. Proviso. SEC. XI. Be it further enacted, That the total liabilities to said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Liabilities. must not exceed ten per cent. of capital stock.

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SEC. XII. Be it further enacted, That the charter shall be in force for thirty years from the passage of this Act. 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 October 16, 1889. INCORPORATING THE BANK OF TRENTON. No. 425. An Act to incorporate the Bank of Trenton, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Geo. W. Norman, O. F. Janes, H. Bond, J. P. Bond, M. A. B. Tatum, B. F. Pace, and J. A. Case and such other persons as may be associated with them and their successors and assigns, be, and they are hereby constituted a body corporate, under the name of The Bank of Trenton, to be located at Trenton, in the county of Dade, Georgia. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said bank shall be twenty-five thousand dollars, with the privilege of increasing the same to any amount not exceeding one hundred thousand dollars. Said capital stock shall be divided into shares of one hundred dollars each, and certificates of stock shall issue to each stockholder truly representing his or her interest in said company; and all sales or transfers of stock in said bank, in order to be valid, must be made on the books of the company by the owner of the stock, or his or her lawfully appointed attorney in fact. Capital stock. Transfers. SEC. III. Be it further enacted, That whenever one-half of the capital stock shall be subscribed, and one-half the stock so subscribed shall be actually paid in, in lawful money of the United States, then the subscribers shall be and become a body corporate and politic, under the name and style of The Bank of Trenton, and as such may organize and begin business as hereinafter provided. Said Bank of Trenton, when organized, shall exercise corporate powers as such Bank of Trenton; may maintain continuous succession for thirty years; contract and be contracted with, sue and be sued, plead and be impleaded, in any court having jurisdiction of the parties and subject matter involved; may purchase, hold, sell and convey real and personal property in the prosecution of the business of said bank; may have and use a corporate seal, and may

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do all other acts and things necessary to carry into effect the powers hereby conferred, and may also adopt and enforce all such by-laws, rules and regulations as it may deem necessary for the government of said corporation, and to carry into effect the objects and purposes of this Act; Provided, such by-laws, rules and regulations are not inconsistent with the Constitution and laws of this State and the United States. Authority to organize. General powers. Proviso. SEC. IV. Be it further enacted, That said Bank of Trenton shall have power to receive money on deposit; to loan and borrow money; to take and give such securities, real or personal, as may be deemed best; to purchase and discount notes and bills of exchange; to act as agent for borrowers and lenders; secure loans on real estate or other security, and charge a commission for negotiating the same; and may do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds and the funds of others entrusted to it. Banking powers. SEC. V. Be it further enacted, That the officers of said Bank of Trenton shall consist of a Board of Directors, chosen as hereinafter provided, which may consist of not less than five nor more than nine, as the stockholders may determine. Such Board of Directors shall elect, from their own number, a President, and said President and Board of Directors shall exercise all the powers of said corporation. Said President and Board of Directors may elect a Cashier, and may, from time to time, appoint and remove all such other officers and agents as their business may require, fix their compensation, and take such bonds or other security from its officers and agents as said Board of Directors may deem necessary to secure the faithful performance of their duties. The first Board of Directors shall be elected as follows: A majority of the incorporators shall call a meeting of the stockholders of said company, to be held at Trenton, Georgia, and shall give each stockholder five days' written notice of the time of said meeting. Said stockholders' meeting, when assembled, shall then elect said first Board of Directors, and said stockholders shall meet annually thereafter, at Trenton, Georgia, on the first Wednesday in October, and shall annually elect a Board of Directors. Such Board of Directors may hold meetings whenever they may think it necessary; may fill vacancies occurring in their number; shall hold their office until their successors are elected and qualified, and a majority of their number shall constitute a quorum to do business. Each stockholder shall be entitled, at all meetings of the stockholders, and in all elections for directors, to one vote for each share of stock held by him, either in his own right or in any fiduciary capacity; and may vote,

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either in person or by proxy, under a written power of attorney. No meeting of the stockholders shall be held, unless a majority of the whole stock is represented, and no election of directors shall be valid, unless such majority of the stock is represented in such stockholders's meeting. If, for any reason, the regular annual meeting of the stockholders is not held on the first Wednesday in October, any number of the stockholders representing one-third of the whole number of shares of said company, may call a meeting, by giving five days' written notice of said meeting to each stockholder, or by publishing five days' notice of said meeting in the newspaper published nearest said bank. Officers of the corporation. Election of Directors. Annual meetings. Special meetings. SEC. VI. Be it further enacted, That the directors of said bank may, on the first Monday in January and July of each year, declare a dividend of so much of the net profits of said bank as they shall deem expedient; but before declaring such dividend, they shall carry one-tenth of its net profits for the preceding half year to the surplus fund, until the surplus fund shall amount to twenty per centum of the capital stock, and thereafter the amount carried to the surplus fund shall be discretionary with the Board of Directors; and the capital stock and the surplus fund, and all the assets of said bank, of every kind, shall be liable for any and all debts of the company, and, in addition thereto, the stockholders shall be individually liable for the debts of said company to the extent of one hundred dollars for each share of stock held by them. Dividends. Surplus fund. SEC. VII. Be it further enacted, That all of the assets of said bank, including its unpaid subscriptions, shall be liable for its debts, and, in addition thereto, the shareholders shall be individually liable, ratably, and not one for another, in an amount equal to the par value of his or her stock at the time of the creation of the debts. Liability of stockholders. SEC. VIII. Be it further enacted, That the total liabilities said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but bills of exchange, commercial paper, securities convertible in open market, cotton receipts, and warehouse receipts, and bills of lading shall not be included in said liabilities. Liabilities must not exceed ten per cent. of capital stock. 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 October 23, 1889.

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INCORPORATING THE FULTON LOAN AND BANKING COMPANY. No. 463. An Act to incorporate The Fulton Loan and Banking Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Charles K. Maddox, A. R. Eskridge, T. R. Sawtell, J. N. Bateman and G. R. Millner, of said State, and such other persons as may be associated with them, and their successors and assigns, shall be, and they are hereby constituted and declared to be a body corporate under the name and style of The Fulton Loan and Banking Company, to be located in Atlanta, Georgia, with all the rights and privileges belonging to such corporations under the law, and particularly those set forth in section 1679 of the Code (1882) of this State. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said corporation shall be seventy-two thousand dollars, divided into two thousand shares of thirty-six dollars each, with the privilege of increasing the same at different times to such amounts as said corporation may deem proper, until the same may reach the sum of three hundred and sixty-five thousand dollars, the incorporators being hereby authorized to open books of subscription for said stock. The stockholders shall pay in the stock subscribed for by monthly installments in such sums as shall be determined by the Board of Directors, not to be less than one dollar per share. Such payments shall continue until the amounts paid in shall be thirty-six dollars per share; Provided, any stockholder shall have the right to pay the entire amount subscribed at any time. Capital stock. May be paid in installments. Proviso. SEC. III. Be it further enacted, That so soon as five hundred shares shall be subscribed for and the sum of five hundred dollars paid in on said stock the incorporation shall have the right to organize and transact business by the loaning of money, but shall not have the right to transact the general business hereinafter named until the sum of five thousand dollars is paid in on said stock. At the first meeting of the stockholders, to be called by said incorporators, a board of seven directors shall be elected from the stockholders, to hold the office till their successors are elected and qualified, a majority of whom shall constitute a quorum; and said Board of Directors shall thereafter be elected annually from said stockholders by a majority of those present at a meeting to be called for that

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purpose by the authority of said board preceding the newly elected one, the whole of said stockholders to be notified of said meeting by notice in writing to each of them, directed to their last known postoffice, through the United States mails. Said Board of Directors shall have power to manage the business of the corporation; to elect all officers of the same; to call a meeting of the stockholders in the manner aforesaid for the purpose of filling a vacancy or vacancies that may occur on said board by reason of resignation, death or otherwise; to declare dividends, when earned, and to provide for the sale or forfeiture of any stock by reason of default in paying the installments aforesaid, and to do such other things as is, and may be, lawful for the advancement and benefit of said corporation. Authority to organize Election of Directors. Their powers. SEC. IV. Be it further enacted, That said corporation shall have power to acquire any property, real or personal, by purchase, necessary for the transaction of its business, or in any satisfaction of its business, any debt due said corporation, or which may have been mortgaged or conveyed to it for moneys which were owing to or advanced by it, and to hold, lease, encumber or dispose of the same, as in the opinion of the Board of Directors may be for the best interest of the corporation; to do a general banking business; to receive deposits; to deal in precious metals, foreign and domestic exchange; to buy and sell, discount and collect promissory notes, rents, or other claims; to discount, buy and sell stocks, bonds and securities generally; to lend or borrow money, and also to make loans wherein the principal with interest at the rate agreed upon, and not in excess of the highest contract rate allowed by law, is to be paid in equal monthly installments, the first installment to be payable one month from date of loan, and each subsequent installment to be payable upon the expiration of each succeeding month during such period of time as is agreed on; notes or other securities to be given therefor, and in each of said securities or installments there may be included, besides a proportional part of the principal, the interest upon said proportionate parts of the principal calculated to the time of maturity of the last installment; and all loans made by said corporation may be upon personal security, or the same may be secured by conveyances of or mortgages on real estate or personal property, or in such other manner as is now by law provided for; and said corporation may receive and hold in its possession for loans made, bonds, notes, stocks, and other personal property and securities, and for the purpose of securing the payment of said loans take conveyances thereto, or mortgages upon, in the manner aforesaid; and for the non-payment of any of said loans either upon real estate or

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personal property may foreclose the same in the manner now provided for by law. General powers. Banking powers. Loans and mortgages. 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 said depositors at such time and with 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 his or her parents or guardian, and a check or receipt of each minor therefor shall be as binding upon him or her as if he or she were of full age. Deposits for investment. Of minors. SEC. VI. Be it further enacted, That the stock held by any one shall be transferred only on the books of said corporation, either in person or by power of attorney, and no stockholder shall transfer his or her stock except by consent of the directors of said corporation. If he or she is indebted to the corporation as principal, security, or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness said corporation shall have a lien of the highest dignity upon the stock of said stockholders. Transfer of stock. SEC. VII. Be it further enacted, That the Board of Directors aforesaid shall elect from their number a President and Vice-President, and said directors shall also elect a Secretary and Treasurer from the stockholdes of said corporation, which offices may be held by one person alone, in the discretion of said directors, and from time to time, or at any time, elect such other officers and agents as, in their judgment, the business of said corporation may require; fix their compensation, dismiss them, and take bonds with good and sufficient security from persons so elected in such sums as they may deem proper for the faithful execution of their duties. Officers of the corporation. SEC. VIII. 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 to 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 (of par value thereof), respectively, at the time the debt was created, in addition to the amount invested in such shares. Liability of stockholders. SEC. IX. Be it further enacted, That the total liabilities to said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time, nor by any construction

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or device, exceed one-tenth part of the amount of the capital stock of said bank; but the discount of bills of exchange, commercial paper, loans payable on demand, securities in open market, bills of lading, and cotton receipts, and warehouse receipts, shall not be considered as any portion of said liabilities. Liabilities must not exceed ten per cent. of capital stock SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. INCORPORATING THE TOCCOA BANKING COMPANY. No. 472. An Act to incorporate the Toccoa Banking Company, in the city of Toccoa, Habersham county, Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, R. D. Yow, W. R. Bruce, A. H. McAllister, W. A. Matheson, E. P. Simpson, B. F. Aderhold, and such other persons as may be hereafter associated with them, be, and they are hereby associated together and constituted a body corporate and politic, under the name and style of the Toccoa Banking Company, and shall be capable of sueing and being sued at law and in equity; may have and use a corporate seal, and alter the same at pleasure; and may purchase, receive, hold and retain personal property of all kinds, and may buy such real property as may be necessary for its corporate purposes, and, in addition thereto, may buy or acquire all such real estate as may be necessary to collect or secure any indebtedness to said bank, and may sell or otherwise dispose of the same at pleasure; and may have such other powers and privileges as are hereinafter provided, and as are incident to such corporations. Corporators. Name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be fifty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars. Said stock to be divided into shares of one hundred dollars each, and when there has been twenty-five thousand dollars of said capital stock subscribed, and two-fifths thereof actually paid, in lawful money of the United States, said company may organize and proceed to business under this Act. Capital stock.

Page 551

SEC. III. Be it further enacted by the authority aforesaid, That the principal office of said company shall be located in the city of Toccoa, Habersham county, Georgia. Principal office. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be a fund pledged for the security of deposits, and for the payment of all other liabilities of said corporation, and in addition thereto each stockholder shall be liable to the creditors of said bank, individually and ratably and not one for another in an amount equal to the amount of the par value of his or her stock at the time of the creation of the debt. Liability of stockholders. SEC. V. Be it further enacted by the authority aforesaid, That the corporate powers of said bank shall be vested in and exercised by a board, consisting of five directors, to be chosen as hereinafter provided, who shall elect from their number a President and Vice-President. Said board shall also have power to elect a Cashier and such other officers as may be necessary for the business. A majority of said board shall constitute a quorum for the transaction of business. Said corporation shall have power to make advances to planters and others for the purpose of developing the agricultural, the mechanical, the mineral and other resources of the State, in loans, on mortgages, on real or personal property of any and all kinds; and upon crops growing or matured; to receive deposits of money and all other valuables of any kind, and to erect, purchase or rent suitable offices and stores for their safe keeping, and issue receipts for the same; to buy and sell bonds, coin, bills of exchange and promissory notes, and lend money and securities; and may charge and receive, in addition to interest, such a commission on advances of money and negotiating loans when such advances and loans are not made on account of said bank or from its bonds; and when said bank is the agent of the borrower and not of the lender, and for storage as may be agreed upon between said company and the party or parties so buying or selling such bonds, bills of exchange, or promissory notes, or borrowing or receiving such money securities or credits, and for storing such valuables; and the said company shall have power to take and hold as security for or in payment of any loans or advances made, mortgages or other instruments or obligations upon any and all kinds of property whatever, either real or personal, and said company shall have the power to purchase, hold, sell, exchange and convey bonds or other property of any nature, and may execute and issue all such receipts, certificates, contracts or other instruments as may be necessary for the transaction of its business. Officers of corporation. Loans and mortgages. Banking powers.

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SEC. VI. Be it further enacted by the authority aforesaid, That said company shall have power to receive moneys on trust or deposit, and to invest as may be agreed on, or to allow such rates of interest as may be agreed upon; shall have power to accept and execute all such trust of every description that may be committed to them by any person or persons whomsoever, or any corporation, or may be committed to them by any court, and shall have power to take and except by grant, assignment or bequest, and hold any real and personal estate in trust created in accordance with the laws of this State and execute such legal trusts in regard to the same on such terms as may be agreed upon in regard thereto; Provided, that the rate of interest shall not exceed that allowed by the laws of this State. Trust funds. SEC. VII. Be it further enacted by the authority aforesaid, That W. R. Bruce, W. H. Matherson, and E. P. Simpson, or any two of them, shall be and they are hereby appointed commissioners to open books of subscription for the capital stock of said bank in the city of Toccoa, Georgia, for such amounts as they shall deem proper within the limits hereinbefore specified. The directors of said bank shall be elected by a majority at interest of said stockholders, voting at an election to be held under the inspection of said commissioners at the place of subscription after said books are closed, each share to represent one vote, and said directors to hold their office until the second Tuesday in January after their election or until their successors are elected, and to have power to make such by-laws as they may deem necessary to carry out the object of said corporation. Commissioners to open books of subscription. SEC. VIII. Be it further enacted by the authority aforesaid, That the minutes of the proceedings of the Board of Directors shall be kept in a book provided for that purpose, and shall be signed by the President and Secretary, and the same shall be subject at all times to the inspection of the stockholders. Each stockholder shall be entitled to a certificate of stock when fully paid up, which shall be transferable as provided in said certificate, but said stock shall not be transferred so long as the stockholder may be indebted or liable to said bank. The stock of each stockholder shall always be bound for any debt, matured or maturing, that the stockholder may owe or be liable for to the bank in any manner. The Board of Directors shall cause suitable books to be kept for the registering and transfer of said shares, and any transfer to be valid shall be made on said books and signed by the shareholder or his or her attorney duly authorized in writing. Minutes. Liability of stock.

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SEC. IX. Be it further enacted by the authority aforesaid, That the Board of Directors, out of the funds of the company, shall defray the expenses and pay its debts, and declare and pay, out of the surplus net profits of its business, to the shareholders, or their duly authorized agents, such dividends as they may deem expedient. Dividends, after the first year, to be declared on the second Tuesday in January and July. At the same time the directors shall make a statement of all the debts, liabilities and assets whatsover of said bank, which statement shall be verified by oath of the Cashier, made before any officer authorized to administer an oath. Such statement shall be recorded in a book kept for that purpose, and shall be subject to the inspection of the stockholders at all times. Dividends. Semi-annual statement. SEC. X. Be it further enacted by the authority aforesaid, That each stockholder shall pay forty per cent. of his stock at the time of organization, and twenty per cent. monthly thereafter until all is paid. The Board of Directors shall have power to extend the time of payment after the first installment has been paid. That this Act shall continue in force for twenty years. Payment of stock subscriptions. SEC. XI. Be it further enacted, That the total liabilities to said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Liability must not exceed ten per cent. of capital stock. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. INCORPORATING THE LABORERS LOAN AND SAVINGS BANK. No. 518. An Act to incorporate the Laborers Loan and Savings Bank, and for other purposes, in the town of Waycross, of Ware county. SECTION I. Be it enacted by the General Assembly of Georgia, That T. E. Lanier, William Parker, Warren Lott, H. W. Reed, H. Murphey, L. A. Wilson, Lemuel Johnson, M. Albertson, John

Page 554

C. Reynolds, B. Sirmans, J. D. Smith, E. H. Crawley, and W. P. Lee, and such other persons as may hereafter be associated with them, and their successors, be, and they are hereby, created a body corporate and politie under the name of the Laborers Loan and Savings Bank, and under said name may sue and be sued, plead and be impleaded, acquire and hold real estate and personal property, and do everything necessary to carry out the purposes of this Act. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, or five hundred (500) shares of one hundred ($100) dollars each, with the privilege of increasing the same to any amount not exceeding two hundred thousand dollars or two thousand (2000) shares of one hundred ($100) dollars each, in the discretion of the Board of Directors hereinafter provided, and after the same shall have been authorized by a vote of the stockholders, at a meeting called for that purpose, the stockholders shall pay in the capital stock in weekly installments of twenty-five cents per share, such payments shall continue until the amount paid in shall be one hundred ($100) dollars per share; Provided, however, that nothing herein contained shall prevent any stockholder from paying the whole of said one hundred ($100) dollars per share in one payment. Capital stock. May be paid in installments. Proviso. SEC. III. Be it further enacted, That as soon as three hundred shares shall be subscribed, and ten per cent. actually paid in, said corporation shall have the right to organize and transact business; Provided, said bank shall not be authorized to receive deposits until the sum of twelve thousand five hundred dollars of the capital stock has been actually paid in. Each share shall represent one vote, and a majority of the stock represented at any meeting shall constitute a quorum; stockholders may vote by proxy, said proxy being voted by a stockholder. The principal office of said Laborers Loan and Savings Bank shall be in the town of Waycross, Georgia. The first meeting of said company shall be held after ten days' notice, given by the incorporators, or any three of them, in the Waycross Reporter, or any other newspaper published in said town; and at said meeting, annually thereafter, the stockholders shall elect by ballot a board of seven directors, four of whom shall constitute a quorum to transact business. The said board shall elect one of their number President; and all officers of said corporation must be stockholders in the same. The Board of Directors shall elect a Cashier and an attorney for said bank, and shall define their duties and fix their compensation. The annual meeting of the stockholders shall be on the first Tuesday in September of each year,

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after the first election of officers, at which time the Board of Directors shall be chosen, as aforesaid, and each Board of Directors chosen shall act until their successors are elected and qualified. Authority to begin business. Principal office. Officers of the corporation. Annual meetings. SEC. IV. Be it further enacted, That said Board of Directors shall have full power and authority to manage and control the business of said bank; to establish all rules and by-laws for its government; to provide for all cases of defaults made by any stockholder in the payment of installments aforesaid; for the sale or forfeiture, or transfer of stock, and to do anything necessary or proper to carry out the purposes of this Act. Powers of the Board of Directors. SEC. V. Be it further enacted, That said Laborers Loan and Savings Bank shall have the right to do a general banking business; to receive deposits, discount papers, buy and sell exchange; to acquire and hold real and personal property, and to perform all acts usual in such cases. Said bank shall have authority to loan money on real estate or such other security as said Board of Directors may see fit, at any rate of interest that may be agreed upon in writing, not in excess of the highest contract rate allowed by law, but said association may make loans for any time agreed on, and charge interest for the full time, and include the same in the note or other security given therefor, and may collect the interest when the loan is made, or said loan by monthly installments, if the debtor will so agree, without any rebate of interest thereon, and in such cases all the laws applicable to the sale of securities, real or personal, pledged or conveyed to loan and building associations, are made applicable to the said Laborers Loan and Savings Bank; Provided, that nothing herein contained shall be construed to authorize said bank to charge interest at a greater rate than eight per cent. per annum. Banking powers and privileges. Proviso. SEC. VI. Be it further enacted, That the directors of said bank may annually declare a dividend of the net profits as they shall deem expedient. Dividends. SEC. VII. 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 stockholders of said corporation shall be individually liable to creditors of said corporation, to the amount of the capital stock prescribed by them (individually and ratably and not one for another.) Liability of stockholders. SEC. VIII. Be it further enacted, That said bank shall have a lien by operation of law, superior to all other liens, except for taxes, on the stock of each stockholder in said bank for any debt due said bank by said stockholder. Liens on stock.

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SEC. IX. Be it further enacted, That this charter shall continue of force for a term of thirty years, and the privilege of renewal. Term of charter. SEC. X. Be it further enacted, That the total liabilities to said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. Liabilities not to exceed 10 per cent. of capital stock. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 1, 1889. INCORPORATING THE BANK OF BLAKELY. No. 522. An Act to incorporate the Bank of Blakely, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That F. F. Jones, D. W. James, J. M. Wade, B. H. Robinson, J. J. Smith, H. C. Fryer, B. R. Dostor, T. E. Hightower, G. L. Collins, E. Hilton, W. C. Sheffield, J. W. Calhoun and A. Hutchins, and such other persons as may become associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of Bank of Blakely, to be located in Blakely, Early county, Georgia. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said company shall be twenty-five thousand dollars, with the privilege of increasing the same to fifty thousand dollars. (But no increase of capital stock shall be valid unless ratified by the consent in writing of the owners of two-thirds of the stock paid in.) Said stock to be divided into shares of one hundred dollars each, and when there shall be twenty-five thousand dollars of said capital stock subscribed and fifteen thousand dollars actually paid in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be twenty-five thousand dollars or more, and when fifteen thousand dollars or more in lawful money of the United States shall have been received by

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the commissioners provided for in this Act on account of subscription, then the said subscribers shall be and become a body corporate and politic with continued succession, under the name of the Bank of Blakely, 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 have power to take, receive, purchase and hold as security for, or in payment of any loans or advances made or otherwise, real, personal or mixed property, so far as may be necessary for the safe and convenient prosecution of the business of the said bank as a bank of discount and deposit, and may execute and issue all such receipts, certificates, contracts, deeds or other instruments as may be necessary, and said bank shall have power to make, 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 powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stock and bonds; to receive money on deposit from minors and unmarried ladies, which shall be held for the exclusive right of the depositors, free from the control or lien of all persons whatever, except creditors, and the receipt or acquittance of such minor or female shall be a valid and sufficient release and discharge for such deposit, with any accruing interest, so paid; to lend money for others and charge therefor commissions, as hereinafter provided, and to do all acts it may deem advisable and profitable investment of the funds of said bank, and the exercise and enjoyment of its corporate powers. Banking powers and privileges. 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 ([UNK]) part of the capital stock of said bank paid in; but the discount of bills of exchange drawn in good faith, the discount of commercial paper actually owned by the person negotiating the same, loans payable on demand, on securities convertible in open market, shall not be considered as any portion of said liabilities. Liabilities must not exceed ten per cent. of capital stock.

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SEC. VI. Be it further enacted, That said bank shall be authorized to lend money and take as security therefor personal security, notes, mortgages and other evidences of debt, of value, as collateral security and deeds to land, giving bond for titles, or to reconvey to the borrower, and make such lawful charges as may be agreed upon, in addition to the legal rate of interest, for securing satisfactory investigation of titles and necessary deeds, mortgages and liens. Loans and mortgages. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than seven directors, to be chosen as hereinafter provided, who shall elect from their number a President, may make 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 five shares of said stock. Said board shall have power to elect a President, Vice-President and Cashier, and such other officers as the interest and business of said bank may require, and to dismiss any officer by a two-thirds vote of the directors. Management. 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 may judge expedient, after defraying its expenses and paying its debts, but before declaring such dividends they shall carry one-tenth part of its net profits of the proceeding half year to the surplus fund, until the same shall amount to twenty-five per cent. of the capital stock; and in estimating the net profits no assets shall be accounted as solvent which are six months past due, unsecured and not in process of collection, and all such insolvent debts shall be charged off before said surplus is set aside, or any dividends are declared. Dividends. Surplus fund. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock correctly representing his or her interest, and such stock shall be held bound to the bank for any dues or indebtedness by said stockholder to the company, and no stockholder who may be indebted to said bank, either as principal, security, or endorser, shall, while so indebted, sell or transfer the stock held by him or her, without the consent of the President and directors of said bank, and all sales and transfer of stock must, in order to be valid, be made on the register and transfer books of the bank by the owner of the stock, or his lawfully appointed attorney in fact, and the Board of Directors may

Page 559

close the transfer books from time to time, as provided by their by-laws, as the conveniences of the bank may require. Certificates of stock. Transfer of stock. SEC. X. Be it further enacted, That the persons named in the first section of this Act, or any three 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 for such length of time as they may deem proper, but for no less amount of subscription than twenty-five thousand dollars. The directors of said bank shall be elected by a majority at interest of the stockholders thereof voting at said election under the inspection of said commissioners, at such place as they may designate, within twenty days after the closing of the subscription called for by them, and on the first Monday in January in every year thereafter, no election shall be valid when a majority of the whole stock paid in is not represented, and in any election of directors and in all questions that may come before any convention of stockholders, each share shall entitle the owner to one vote. In all elections a stockholder may ballot by proxy as well as by themselves, and a director when he cannot attend a meeting of the directors, may empower another to vote for him on all questions that may or shall come before said Board of Directors for action in his absence. Vacancies occurring in the Board of Directors may be filled by said board and it shall be the duty of the President of said board to prepare and lay before the stockholders thereof, semi-annual statements of the business and credits of the bank, its assets and liabilities and to make such returns to the Governor of the State as are required by law. 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. The minutes of the Board of Directors shall be kept in a book provided for that purpose and signed by the President or Secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Commissioners to open books of subscription. Proxies. Semi-annual statements. Minutes. SEC. XI. 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 installments of the capital stock which may be called for by the Commissioners or Board of Directors, the board may at any time thereafter proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in any court having jurisdiction of the same, or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on terms prescribed by said resolution,

Page 560

and in a way prescribed therein, after thirty days' notice in writing to the delinquent. Forfeiture of stock. SEC. XII. Be it further enacted, That the Cashier, who may also be a Director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. It shall be the duty of the Cashier to keep safely all moneys, notes, bonds, bills, or other property committed to his care in the course of business, and he shall have power to bind the bank by signing checks, drafts, receipts or certificate of deposits in conducting the business of the bank. Cashier. SEC. XIII. Be it further enacted, That said bank shall have authority to loan money on real estate or such other security as the President or Board of Directors may accept at any rate of interest that may be agreed on in writing, not in excess of the highest rate fixed by law; and said bank shall have authority to allow interest on money deposits; to accept and execute trusts of every description which may be committed to it by any order or decree of any 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 laws of this State, and to execute such legal trusts on such terms as may be declared, established or agreed upon in regard thereto. Loans. Trusts. SEC. XIV. Be it further enacted, That the company shall have a printed copy of this charter placed in a frame in their office so that all persons may see the same who wish to transact business therewith. Printed copy of charter. SEC. XV. Be it further enacted, That all capital, property and assets of said bank shall be bound for the payment of its debts, and in addition thereto the stockholders shall be individually bound and liable to contribute to the payment of the debts of the bank, each in an amount equal to the par value of the stock held by him ratably, and not one for another, or so much thereof as may be necessary. Liability of stockholders SEC. XVI. Be it further enacted, That said company shall have power to purchase, acquire and hold real estate; to erect a bank building and purchase safe and such other furniture as may be deemed advisable by the Board of Directors. May acquire real estate. SEC. XV. Be it further enacted, That this charter shall continue of force for a term of fifty years. Term of charter. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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AMENDING THE CHARTER OF THE MACON SAVINGS BANK. No. 524. An Act to amend the Charter of the Macon Savings Bank so as to increase the number of Directors; to authorize the bank to act as Trustee, Administrator, Executor, Guardian, Receiver or Assignee; to make said bank the legal depository for trust funds controlled by court, corporations or individuals, and to discharge generally the business of a Trust Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, That the charter of the Macon Savings Bank be, and the same is hereby so amended as to vest the corporate powers to the said Macon Savings Bank in the number of directors to consist of seven persons instead of five, to be chosen as set forth in said charter. Number of Directors increased. SEC. II. Be it further enacted by the authority aforesaid, That the said Macon Savings Bank, in addition to the power and authority heretofore granted to it, shall be authorized 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 or otherwise; and the Ordinaries of this State are authorized to grant letters testamentary to said corporation when it is duly appointed executor of any will; and said corporation shall have power and authority to accept and execute the office of administrator whenever appointed thereto by the Ordinary of the county in which administration is being taken out upon any estate. Said corporation shall have power also to accept and execute the office of agent, assignee, receiver or trustee of every kind whatever, 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. That all laws of force in this State concerning executors, administrators, guardians, trustees, assignees or receivers, shall apply to this company when appointed to such office. Authority to act as executor and guardian. SEC. III. Be it further enacted by the authority aforesaid, That the said corporation shall be authorized to act as the depository for trust funds, or funds held by the courts, corporations or individuals for distribution, and to discharge, generally, the business of a trust company, in addition to its present banking business. Trust funds.

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SEC. IV. 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 November 4, 1889. AMENDING THE CHARTER OF THE MERCHANTS AND MECHANICS BANKING AND LOAN COMPANY. No. 528. An Act to amend an Act to incorporate the Merchants and Mechanics Banking and Loan Company, of Atlanta, Georgia, approved October [Illegible Text] 1887, by enlarging the powers of said company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act incorporating the Merchants and Mechanics Banking and Loan Company, of Atlanta, Georgia, approved October 22d, 1887, be, and the same is hereby amended by adding to the powers of said company the following, to-wit: To loan and borrow money, and to take and give therefor such securities as may be considered best; to make advances on personal or real 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 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 [Illegible Text] 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 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, or real estate in this or any other State or Territory of the United States; to advance and loan money on the same, and to

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make or negotiate loans and advances upon the same for others without guaranty by it, 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 and bonds, with or without coupons, not bearing a greater rate of interest than the highest contract rate fixed by the laws of this State, upon such terms and subject to such powers, conditions and limitations as may be agreed upon, 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 or delivering such mortgages or deeds in trust, and to sell and negotiate such bonds or notes so secured; or allow them to be sold or negotiated by such persons or corporations so executing or delivering the same, on such terms as may be agreed upon; to execute and to issue, demand, receive and enforce all such receipts, certificates, contracts, bonds, or other instruments or writings as may be necessary for the transaction of its business; to receive savings for deposit under such requirements 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 busness, and to do all such acts as may [Illegible Text] considered by it advisable and best for carrying on the same. Amends original charter. Banking powers and privileges [Illegible Text] Loans and mortgages. SEC. II. Be it further enacted, That this Act shall go into effect, and this amendment become a part of the charter of said company, only when the same is accepted by the vote of a majority in interest of those who are now or may hereafter become stockholders in said company, each stockholder to be entitled to one vote (in person or by proxy) on each share of stock held by him on which there are no arrears to the company, at a special meeting to be called by the directors when they deem best for the acceptance or rejection of this amendment. Amendment goes into effect. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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INCORPORATING THE BANK OF CAMILLA. No. 529. An Act to incorporate the Bank of Camilla, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That T. R. Bennett, M. F. Brimberry, D. K. Butler, J. B. Acree, J. C. Turner and W. N. Spence, all of Camilla, Georgia, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of Bank of Camilla, to be located in the town of Camilla, Mitchell county, Georgia. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars; said stock to be divided into shares of one hundred dollars each; and when there shall be twenty-five thousand dollars of said capital stock subscribed, and twenty thousand dollars actually paid in, the said corporation may organize and commence business under this Act. Capital stock. SEC. III. Be it further enacted, That said corporation shall have continual succession under the name of The Bank of Camilla, and by that name shall exercise corporate powers; be competent to contract and be contracted with; to 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 afterwards sell and convey such property, real, personal or mixed; and may execute and issue all such receipts, certificates, contracts, deeds and bills of sale or any other instruments as may be necessary; and said bank shall have the 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 corporationnot inconsistent with the laws of this State and of the United States. General powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to make advances on cotton and other agricultural pruducts with

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liens thereon to secure said advances by attaching bills of lading and otherwise, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers. SEC. V. Be it further enacted, That the business of said bank and the corporate powers of same shall be exercised by a board of not less than three nor more than five directors, to be chosen as hereinafter provided, who shall elect from their number a President; may declare by-laws for their government not inconsistent herewith; fix the number of said directors that shall constitute a quorum for the transaction of business, the day of meeting of said board and the salaries of its officers. Said board shall have the power to elect a Vice-President and Cashier and such other officers as the interest and business of said bank may require. Management of the affairs of the corporation. SEC. VI. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock truly representing his or her interest, and such stock shall be held bound to the bank for any dues or other indebtedness by such stockholders to the bank, and no stockholder who may be indebted to said bank, either as principal, security or endorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the President and directors of said bank; and all sales and transfers of stock in said bank must, in order to be valid, be made on the registry and transfer books of the bank 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. Certificates of stock. Transfer of stock. SEC. VII. 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 length of time as they may deem proper. The directors of said bank shall be elected by a majority in interest of the stockholders thereof voting at said election, under the inspection of said commissioners, at such place as they may designate within twenty days from the closing of the subscriptions called for by them, and on the first Monday in February in every year thereafter. No election shall be valid where a majority of the whole stock paid in is not represented; and in any election for directors, and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote. Vacancies occurring in the Board of Directors during the intervals of the election may be filled by the board; and it shall be the duty of the President of

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said bank to prepare and lay before the stockholders thereof semiannual statements of the business and condition of the bank, and its assets and liabilities; and to make such returns to the Governor of this State as are now required by law to be made. Commissioners to open books of sub scription. Election of Directors. Semiannual statements. SEC. VIII. 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. In case there is no election. Minutes. SEC. IX. Be it further enacted, That the Board of Directors of said bank shall have the power to increase the capital stock of said bank at any time not to exceed the sum of one hundred thousand dollars. Capital stock may be increased. SEC. X. Be it further enacted, That the Cashier, who may also be a Director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. It shall be the duty of the Cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care, or shall come into his possession in the regular course of business, and to perform such other duties as are usually required of Cashiers of banks. Cashier. SEC. XI. Be it further enacted, That in all elections stockholders may ballot by proxy or in person; that a director, when he cannot attend a meeting of the directors, may empower another to vote for him on all questions that may or shall come before said Board of Directors for action in his absence. Proxies. SEC. XII. Be it further enacted, That each stockholder shall be individually liable to the creditors of said bank to the extent of his unpaid subscription, and to the additional amount of the par value of his stock, actually owned by such stockholder at the time the liability is incurred or the indebtedness created. Liability of stockholders. SEC. XIII. Be it further enacted, That this Act shall take effect immediately upon its passage, and shall continue in force for thirty years thereafter. Term of charter. SEC. XIV. Be it further enacted, That the total liabilities to said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but the discount of bills of exchange

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drawn in good faith, and the discount of commercial paper actually owned by the party negotiating the same, and loans made on securities convertible in open market, warehouse receipts and bills of lading, shall not be considered as any part of said liabilities. Liabilities must not exceed ten per cent. of capital stock. SEC. XV. Be it further enacted, That no person shall be a director of said bank unless he is the bona fide owner, in his own right, of at least ten shares of the capital stock of said bank. SEC. XVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Directors must be stockholders. Approved November 4, 1889. INCORPORATING THE HOBBS AND TUCKER BANKING COMPANY, OF ALBANY. No. 541. An Act to incorporate the Hobbs and Tucker Banking Company, of Albany, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Richard Hobbs, Anson W. Tucker, H. H. Tarver, Samuel B. Brown and Morris Mayer, of Dougherty county, and their associates and successors, stockholders in the corporation, hereby created a body corporate by the name of The Hobbs and Tucker Banking Company, of Albany, Georgia, and by that name to have continuous succession, and may contract and be contracted with, as well as sue and be sued, in any court whatsoever. Corporators. Name. SEC. II. Be it further enacted, That said corporation shall do a general banking business under the laws of Georgia, and in the conduct thereof, to be subject to all the requirements thereof, and shall have power to take and hold money, stocks and all descriptions of personal property on general or special deposit, and all descriptions of personal or real property in trust, and as security, or in payment of debts due or to become due said company; to accept and execute all such trusts, of every description, as may be committed to it by any person or persons whatsoever, or by any corporation; to buy, collect, adjust, settle and sell bonds, stocks, notes, mortgages, choses in action, and to loan money on mortgage or other security; to negotiate loans or conduct other transactions

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on commission; to purchase real estate in this State or elsewhere at any sale made in virtue of any loan, or mortgage made or held by said company. and sell or convey the same at pleasure. Banking powers. SEC. III. Be it further enacted, That the capital stock of said bank shall be fifty thousand dollars, divided into shares of one hundred dollars each, with power to said bank, or the majority vote of the stockholders at any regular or called meeting, to increase the same not exceeding two hundred and fifty thousand dollars, and that when the capital of said bank has been bona fide subscribed, and fifty per cent. thereof actually paid in, the bank may proceed to business under this Act. Capital stock. SEC. IV. Be it further enacted, That as soon as the capital stock is subscribed, and one-half thereof paid in, the incorporators or a majority of them, may call a meeting of the subscribers, and they may organize by electing a Board of Directors, not less than five or more than nine, as their by-laws may designate, who shall hold their offices for one year, or until their successors are elected. The Board of Directors shall have power to elect a cashier, and such other officers as may be deemed necessary to effectually carry on the business of said bank, and after the organization of said bank. adopt such by-laws as may be deemed essential for the management of said corporation, and require such bond or bonds from the officers thereof, as may be fixed by said Board of Directors, and specified in the by-laws. The annual meeting of stockholders of said bank, shall be held on the second Monday of January of each year, at which time all officers shall be elected, notice of which, and the time and place, shall be provided for in the by-laws. If from any cause the annual meeting should not be held at the appointed time, the President or present presiding officer shall call a special meeting for the purpose of said annual meeting, when all reports of the officers shall be made and acted on. Authorized to organize. Board of Directors. Annual meetings. Special meetings. SEC. V. Be it further enacted, That each stockholder of said corporation shall be individually liable for the debts of said corporation to the amount of his or her unpaid subscription to the capital stock, and shall, in addition thereto, be liable to creditors of 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. VI. Be it further enacted, That the total liability to said banking company of any person, firm, company or corporation, (including in said liability 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 of said banking company

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paid in, but the discount of bills of exchange drawn in good faith, and advances made upon warehouse and elevator receipts, and loans made on collaterals convertible in open market, and the discount of commercial paper actually owned by the person negotiating the same, shall not be considered as borrowed money. Liabilities must not exceed ten per cent. of capital stock. 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 November 4, 1889. INCORPORATING THE GEORGIA BANKING AND TRUST COMPANY, OF MILLEDGEVILLE. No. 548. An Act to incorporate the Georgia Banking and Trust Company, of Milledgeville, Georgia; to define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That John T. Allen, Joseph E. Pottle, T. S. McComb, and Robert Whitefield, their associates, successors and assigns be and they are hereby constituted and declared a body corporate and politic with perpetual succession under the corporate name and style of the Georgia Banking and Trust Company of Milledgeville, Georgia, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded, receive, purchase, own, hold and use property of all descriptions, necessary and proper for its use as a bank of discount and deposit, 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 this State, or of the United States, and do any and 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 banking companies and necessary and proper for the transaction of the business for which it is incorporated. Corporators. Name. General powers. SEC. II. Be it further enacted, That the principal place of business of said corporation shall be the city of Milledgeville, but it may establish branches or agencies at other places, in said State

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or elsewhere, and delegate to them such powers as may be necessary for properly transacting the business of such branches or agencies. Principal office. SEC. III. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into five hundred shares of one hundred dollars each, with the privilege of increasing the capital stock to five hundred thousand dollars or five thousand shares, the increase to be made in the manner prescribed by the by-laws; and the incorporators, or a majority of them, are authorized and empowered to open books of subscription for said stock, which shall be paid in by the subscribers or stockholders in monthly installments and in such sums as may be determined by the Board of Directors, not to be less than two dollars per share, and such payments shall continue until the amounts paid shall be one hundred dollars per share; Provided, any stockholder, with the consent of a majority of the directors, shall have the right to pay the entire amount subscribed for, or due by him at any time, and he may receive such interest on advance payments as the Board of Directors may see fit to allow. Capital stock. May be paid in installments. Proviso. SEC. IV. Be it further enacted, That said company shall have the right to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for any person, company, partnership or corporation; to invest its own money or the money of others; to lend and invest money in or upon the security of, and by way of mortgage, pledge, deed or otherwise on or over any lands, hereditaments or real property, or interest thereon, of any description situated in the State of Georgia; to lend money upon bills of lading or the contents thereof, bills, notes, bonds, choses in action, or any and all negotiable or commercial paper, or any crop or produce whatever, or any stock, bullion, merchandise or effects, and the same to sell or in anywise dispose of, and to charge any rate of interest on all such loans that may be agreed on in writing, not exceeding the rate allowed by law. Banking powers and privileges. SEC. V. Be it further enacted, That as soon as five hundred shares shall be subscribed for and the sum of ten thousand dollars paid in on said stock, the stockholders shall have the right to organize the corporation under this Act and transact business. At the first or any subsequent meeting of the stockholders, called by a majority of the corporators, a Board of Directors of not less than five nor more than eight shall be elected to hold office until their successors are elected and qualified. A majority of the directors shall constitute a quorum for the transaction of business. Authority to organize

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SEC. VI. 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 their successors are elected and qualified. They shall choose cut of their own number a President, a Vice-President, and shall have power to fill any vacancies which may occur in said board, and shall appoint such officers, agents and clerks as may in their judgment be necessary; fix their salaries and define their duties, and remove them whenever 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 proper by said board; to secure the faithful discharge by him of his duties and of the trust 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 interest in conformity with the provisions of this Act, subject to revision, modification, or repeal by the stockholders at an annual meeting. No stockholder shall be eligible as director, who is not the owner, in his own right, of at least ten shares of the capital stock of said corporation. Board of Directors. SEC. VII. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe, or be liable for, to the corporation, whether by over-draft, note, acceptance, endorsement, security, or otherwise, but it shall make no loan or discount on the security of the shares of its own capital stock. Liens on stock. SEC. VIII. Be it further enacted, That the total liabilities to said bank of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in; but commercial paper, bills of exchange, warehouse receipts, and securities convertible in open market shall not be classed in such liabilities. Liabilities must not exceed ten per cent. of capital. SEC. IX. 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 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 or subscribed therefor. Liability of stockholders.

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SEC. X. Be it further enacted, That the directors shall have power to declare dividends out of the earnings of said corporation; Provided, that no dividend shall be declared until the earnings are sufficient to pay the sums after deducting all expenses of carrying on and operating said banking business, and in no way lessening or interfering with the capital stock of said bank. Dividends. Proviso. SEC. XI. Be it further enacted, That this charter shall be of force and effect for the term of fifty 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 November 4, 1889. INCORPORATING THE BALDWIN COUNTY BUILDING AND LOAN ASSOCIATION AND BANKING COMPANY. No. 560. An Act to incorporate the Baldwin County Building and Loan Association and Banking Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That W. T. Cown, R. C. Humber, A. D. Nisbet, E. E. Bell, George W. Hollingshead, R. W. Roberts, T. F. Newell, B. T. Bethune and Joseph E. Pottle, their associates, successors and assigns be, and they are hereby, constituted and declared a body corporate and politic, under the corporate name and style of the Baldwin County Building and Loan Association, and by said corporate name may 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, sell, own, hold and use property of all descriptions necessary and proper for its use, for the purposes for what it is incorporated, and alien, convey, lease, mortgage and otherwise dispose of the same in any manner that a natural person might lawfully use 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 Georgia, and do all acts and things necessary or proper to 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. Corporators. Name. General powers.

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SEC. II. Be it further enacted, That the principal office of this corporation shall be located in the city of Milledgeville, Georgia. Principal office. SEC. III. 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, but it shall have power at stated intervals to increase its capital stock to any sum not greater than five hundred thousand dollars, whenever it may be deemed expedient by the stockholders in meeting assembled, two-thirds of the stock represented at such meeting being voted in favor of such increase, before the same shall be effected. Said corporation is authorized to begin business as soon as five hundred dollars is paid in on said capital stock, and the Board of Directors shall be authorized to call in the balance of said capital stock, in such monthly installments and at such times as may be decided by said Board of Directors. Capital stock. SEC. IV. Be it further enacted, That the persons named in the first section of this Act, or any one or more of them are hereby empowered to open books of subscription to said capital stock, at such time and place as they may deem best, and when ten thousand dollars of stock shall have been subscribed for, one dollar in cash shall be paid said commissioner, said stockholder being first notified of the time of said payment. After such cash payment is made, said commisioner shall cause notice to be given said subscriber, either by post or by publication in a newspaper published in Milledgeville, Georgia, three days before said meeting, urging them to assemble at the time and place designated, for the purpose of electing a Board of Directors. Upon the assembling of the said stockholders, representing two-thirds of the stock, a majority of the stock represented shall elect a President, a Vice-President and a board of not less than five nor more than nine directors, to which directors or their proper officer the money of the corporation shall be at once delivered. All subscriptions to the capital stock shall be binding upon the subscribers and shall be payable at such times and in such monthly installments as the directors may require. Each stockholder shall be entitled to one vote for each share of stock standing in his or her name at an election for directors, or in any convention of stockholders, and such vote may be cast in person or by written proxy duly approved. In all elections a plurality of votes shall elect. Books of subscription. Election of officers. SEC. V. Be it further enacted, That the corporate powers of said corporation shall be vested in the President, the Vice-President, who shall be ex-officio directors, and the Board of Directors, who shall serve one year, and until their successors are elected, except

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the first board, who shall serve until the fourth Tuesday in July, 1890, at which time their successors shall be elected. The Board of Directors shall have power at each annual meeting to elect a Secretary, a Treasurer and Attorney, and to fix their salaries and the salary of the President, and shall have power to require bond to be given by said Secretary and Treasurer in such amount as they may deem proper. Said directors shall have power to make by-laws for the management of said corporation, subject to repeal and amendment by the stockholders in meeting assembled. Certificates of stock may be issued in such form and transferred in such manner as the directors may prescribe. The regular annual meeting of the stockholders of the corporation shall be held on the fourth Tuesday in July of each year; but, if no meeting from any cause should be held on that day, said meeting shall be held on some subsequent day to be selected by the directors, and notice given the stockholders by mail or publication. Officers. Annual meetings. SEC. VI. Be it further enacted, That married women and minors shall be competent to become stockholders in said corporation, and to borrow money and make contracts with said corporation. Married women and Minors. SEC. VII. Be it further enacted, That the principal office of said corporation shall be at Milledgeville, Georgia, but branch offices may be established at other cities and towns in Georgia whenever the directors may deem it advisable. Principal office. SEC. VIII. Be it further enacted, That said corporation shall be liable to its creditors to the extent of its assets of every kind, and each stockholder to the extent of the amount paid in by said stockholder on his stock at the time when such liability accrues. Liability of stockholders. SEC. IX. Be it further enacted, That whenever the assets of said corporation shall exceed the sum of fifty thousand dollars in value, the said corporation shall have power and authority 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 and purchasing, holding and receiving real and personal property, so far as may be necessary for the safe and convenient prosecution of the business of of the corporation as a bank of deposit and discount, and shall have power to use and alter, at pleasure, a corporate seal, and do all things necessary and proper to carry into effect the object and purposes of this section and this Act, and the business of said corporation, not inconsistent with the laws of this State and of the United States. Said corporation shall have power to receive money on deposit; to loan and borrow money; to take and give therefor such security, real or personal, as may be considered

Page 575

best; to purchase and discount notes and bills of exchange, and do all other acts necessary in a banking business. All property and assets of said corporation shall be liable for its debts, and, in addition thereto, each stockholder shall be individually liable for the payment of said debts to an amount equal to the amount of stock held by him. Authority to commence business. Banking powers. Liability of stockholders. SEC. X. Be it further enacted, That after said corporation shall become authorized under this Act to do a business of discount and general deposit, the total liability to said corporation of any person, corporation or firm (including in liabilities of firm the liabilities of the individual members thereof) shall in no event exceed onetenth of the capital stock actually paid in. But advances made upon commercial paper, bills of lading, warehouse or elevator receipts, bills of exchange, shall not be considered borrowed money within the provisions of this section. Liabilities must not exceed ten per cent. of capital stock. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 5, 1889. AMENDING THE CHARTER OF THE TRADERS BANK OF ATLANTA. No. 561. An Act to amend section five of an Act entitled an Act to incorporate the Traders Bank of Atlanta, Georgia, approved October 24th, 1887, so that it shall be lawful for the Board of Directors of said bank to consist of more than seven members. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That the fifth section of said Act be, and is, amended by inserting between the words board of, and the word seven, in the second line of said section, the words not less than, so that said section when amended shall read as follows: Be it further enacted, That the business and corporate power of the company shall be vested in a board of not less than seven directors, etc. Amends original charter so as to increase number of Directors. 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 November 5, 1889.

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AMENDING CHARTER OF THE SOUTH GEORGIA BANK OF WAYCROSS. No. 563. An Act to amend an Act to incorporate the South Georgia Bank at Waycross, by authorizing said bank to organize and commence business when thirty thousand dollars of the capital stock thereof has been subscribed, and fifty per cent. paid in. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act to incorporate the South Georgia Bank of Waycross be, and the same is hereby so amended as to authorize said bank to organize and commence business when thirty thousand dollars of the capital stock thereof has been subscribed, and fifty per cent. paid in. Amends original charter. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 5, 1889. INCORPORATING THE BANK OF DAHLONEGA. No. 565. An Act to incorporate the Bank of Dahlonega, Georgia, and for other purposes therewith connected. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That F. W. Hall, H. D. Gurley, M. H. Stanton, I. C. Head and such other persons as they may associate with them, their successors and assigns, are hereby created a body politic and corporate under the name and style of the Bank of Dahlonega, Georgia, and by said corporate name have the right of continuous succession; to have and use a common seal; to sue and be sued, plead and be impleaded in any court having jurisdiction of the subject matter; to receive, purchase, own or hold any property of any kind, and to alien, convey, lease, mortgage, sell or otherwise dispose of the same, as a natural person might do; and to make all by-laws, rules and regulations necessary in the conduct of the business of said company, not inconsistent with the laws of this State nor of the United States; to exercise all the powers incident to

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corporations in the transaction of the business of said company. Said corporation shall be located in Dahlonega, in the county of Lumpkin, State of Georgia. Corporators. Name. General powers. Domicile. SEC. II. Be it further enacted by authority aforesaid, That the capital stock of said bank shall be fifty thousand ($50,000) dollars, to be divided into shares of one hundred dollars each. Said corporation shall have power, after said capital stock has been paid up, to increase its capital stock from time to time to any sum not to exceed five hundred thousand dollars, by a majority of the stockholders in a meeting assembled after due notice to the stockholders of the time and place of meeting, by a vote of two-thirds of said stockholders, authorizing an increase of said capital stock. Said corporation shall be authorized to commence business so soon as fifty thousand dollars bona fide has been subscribed and ten thousand dollars of said stock has been paid in. The Board of Directors shall be authorized to call in the balance of the said capital stock by installments at such times as may be deemed necessary by the Board of Directors; Provided, any stockholder shall have the right to pay off his subscription at any time he may see proper before such call is made. Capital stock. Authority to commence business. SEC. III. Be it further enacted by authority aforesaid, That said corporation shall have power to receive any money on deposit; to loan or borrow money and to take and give such security as deemed best; to purchase, discount and collect notes, bills of exchange, or other securities, and to do all other acts in general banking business that may be deemed advisable for the safe-keeping and profitable investment of its funds. Banking powers. SEC. IV. Be it further enacted by authority aforesaid, That the total liability to said bank of any person, company or corporation, including the liabilities to said bank of any person, company or corporation and the liability of the several members thereof, shall at no time exceed one-tenth part of the capital stock of said bank already paid in, but the discount of bills of exchange drawn in good faith and discount of commercial paper actually owned by the person negotiating the same, shall not be considered borrowed money. Liabilities must not exceed ten per cent. of capital stock. SEC. V. Be it further enacted by authority aforesaid, That the directors of said corporation may semi-annually declare a dividend of so much of the net profits as they may deem expedient, but before declaring such dividend they shall carry one-tenth part of the net profits of the preceding half year to its surplus funds, until the same shall amount to twenty-five per cent. of its capital stock. After that time it shall be discretionary with said Board of

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Directors as to what amount, if any, shall be carried to said surplus fund, but it shall not be lawful for them to create or accumulate a surplus of profit exceeding one hundred per cent. of the paid in capital stock; and said capital stock and surplus assets of every kind shall be liable for all debts and liabilities of said corporation. In addition thereto the stockholders shall be individually liable for any debts or liabilities of the corporation to the full extent of the unpaid shares of the balance due thereon, and equally and ratably and not one for another, for all contracts, debts and liabilities of said corporation to the extent of the amount of the stock therein, that the face value thereof in addition to the amount invested in such shares. The rights and privileges granted by this charter shall be valid and in force for fifty years. Dividends. Surplus. Liability of stockholders. Term of charter. SEC. VI. Be it further enacted by authority aforesaid, That said Board of Directors shall have issued to each stockholder certificates of stock, truly representing his or her interest, and such stock shall be held bound to the corporation for any dues or indebtedness by said stockholder to the bank, and a lien is hereby declared upon the same in favor of the bank, superior to all other liens, which may be foreclosed upon the same as a mortgage upon personal property, and sold in the same manner; and no stockholder who may be indebted to said bank, either as principal, security or indorser, shall, without the consent of the President and directors of the bank, sell and transfer his or their stock. Any sale or transfer of stock in said bank, to be valid, must be made on the books of said company by the stockholder or his attorney in fact, under such rules and regulations as may be prescribed by the directors. Any other transfer or sale is void as against the company or bank. Certificates of stock. Transfer of stock. SEC. VII. Be it further enacted by authority aforesaid, That the business and corporate powers of said bank shall be exercised by a board of five directors, each of whom shall be a stockholder and citizen of this State, who shall be elected by the stockholders at a call meeting of the stockholders, after twenty days' notice of such meeting, published in some newspaper in said town of Dahlonega. After the election of said Board of Directors, they shall have the right to select from their own body a President, Vice-President and Cashier, who shall be ex-officio Secretary and Treasurer, and such other officers or agents as the business of the corporation may require, and to fix the salary or compensation of such officers and agents. A majority of said directors may constitute a quorum for the transaction of business. Board of Directors. Other officers. SEC. VIII. Be it further enacted by authority aforesaid, That the persons named in the first section of this Act, or their

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successors or assigns, are hereby appointed commissioners to open books of subscription to the capital stock of said bank, at such time and place as they may determine. Said commissioners shall be authorized to give the notice as to the time and place of the meeting of the stockholders for the purpose of electing directors and other officers of said bank, and shall supervise said election and declare the result. The ensuing annual elections for directors and other officers of said bank shall be held on the first Tuesday in January next after the first election, and on the first Tuesday in each year thereafter; but no election shall be valid and binding unless a majority of all the stockholders are present, either in person or by proxy, to vote at such election; and each stockholder shall be entitled to one vote for each share of stock which he owns or represents. The President of said bank shall lay before the stockholders and Board of Directors a semi-annual statement of the business and condition of the bank, its assets and liabilities, and make such return, under oath, to the Governor of this State. Any vacancy occurring in the Board of Directors may be filled by a majority of said board until the next annual election. Commissioners to open books of subscription. Annual elections. Semi-annual statements. SEC. IX. Be it further enacted by authority aforesaid, That in case any subscriber to the capital stock of said company shall fail or refuse to pay any of the assessments or installments which may be called for by the commissioners or Board of Directors, within twenty days after notice of such assessment said board may proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber by bringing suit thereon in any court having jurisdiction of the same, or said Board of Directors shall have authority by resolution to sell said delinquent's subscription to stock on any terms they deem proper, prescribed in said resolution. Forfeiture of stock. SEC. X. Be it further enacted by authority aforesaid, That the Cashier, who may also be a director of said bank, shall give bond and security for such sum of money as the directors may require for the faithful performance of his duty. He shall safely keep all moneys, notes, bonds, or bills or other property committed to his care, in course of the business, and he shall have power to bind the corporation by signing checks, receipts, or certificates of deposits of the bank. Cashier. SEC. XI. Be it further enacted by authority aforesaid, That said corporation shall have 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 between the parties not in excess of the legal interest fixed by law. Said bank shall

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have authority to receive money in trust, and to execute trusts of every description which may be committed to it by any order or decrees of any court, and 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 laws of this State. Loans on real estate. Trustees. SEC. XII. 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 November 7, 1889. INCORPORATING THE GEORGIA INSTALLMENT BANKING COMPANY. No. 580. An Act to incorporate the Georgia Installment Banking Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That Henry R. Powers, Thomas G. Healy, Joshua C. Reynolds, Julius A. Scott, William G. Herndon, and Ulysses Lewis, of said State, their associates and successors, are hereby constituted and declared to be a body corporate and politic, under the name of the Georgia Installment Banking Company, and with power under this name to sue and be sued; to have and 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 powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, divided into five hundred shares of fifty dollars each, with the privilege of increasing the same at any time to five hundred thousand dollars; and the incorporators, or a majority of them, are authorized and empowered to open books of subscription, and receive subscriptions for said stock, and to organize and commence business when two hundred and fifty shares have been subscribed and one thousand dollars paid in on said stock; the stock shall be paid for in monthly installments in such sums as shall be determined by the Board of Directors, not to be less than one dollar per share, or in such other way, as the directors decide; Provided, that any stockholder shall have the right to pay the entire amount subscribed at any time; Provided, no deposits shall be received until five thousand dollars of said subscriptions shall have actually been paid in. Capital stock. Subscriptions paid in installments. Proviso.

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SEC. III. Be it further enacted, That at the first meeting of the stockholders, called by a majority of the incorporators, a Board of Directors of not less than three nor more than nine shall be elected, to hold office until their successors are elected and qualified; a majority of the 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; to elect and appoint all such officers and agents as they may deem necessary; to fix the compensation of such officers and agents at any time; to fill any vacancies that may occur in said board; to call special meetings of stockholders at any time a majority of them may deem it necessary, and to provide for the sale or forfeiture of any stock or shares by reason of default in paying the installments thereon; to declare dividends when earned; and to do and perform such other things as shall be required of them by the by-laws of said corporation. If for any cause the directors are not elected at the first meeting to be called, as aforesaid, they may be elected at any subsequent meeting of the stockholders. Said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness, matured or maturing, that the stockholder may owe or be liable for to the corporation, whether by overdraft, note, acceptance, endorsement, security, or otherwise. The directors may require and take from such officers, agents and employes of the corporation, as they may deem best, or as they may be required to do by the by-laws, sufficient bonds and security for the protection of said corporation. Board of Directors. Their powers. Lien on stock. SEC. IV. Be it further enacted, That said corporation shall have power to acquire any property, real or personal, by purchase, or in satisfaction of any debt due the corporation, or which may have been mortgaged or conveyed to it for moneys which were owing to it, or loaned 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 the corporation; to do a general banking business; to receive deposits; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount and collect promissory notes, bills of exchange, checks, bills, accounts, claims, rents, interest and other evidences of debt; to discount, buy and sell stocks, bonds and securities generally; to lend or borrow money, and secure the same, and issue bonds; and also to make loans on real estate or personal property, or other security, at any rate of interest that may be contracted for in writing, not exceeding the highest rate allowed by law; and it also may make such loans for any time agreed on, and charge interest for the whole time, and include the same in the note or notes, mortgage, deed or other security given

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therefor, and collect the same by monthly installments or otherwise, without any rebate of interest thereon, the debtor so agreeing thereto by executing the note or notes, mortgage, deed or other security aforesaid. Property rights. Banking, powers and privileges. 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 deem best, and which shall be repaid to such depositors at such time, with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by the Board of Directors; 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 the check or receipt of such minor shall be as binding upon him or her as if he or she were of full age. Deposits for investments. Of minors. SEC. VI. Be it further enacted, That said corporation shall have power to receive money or other property or valuables in trust, and shall have power to accept any grant, assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the laws of this State, and then to execute the same on such terms as may be established and agreed upon by its Board of Directors; 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; and it shall have have power to receive for safe keeping, or deposit, all money, bonds, stock, diamonds, gold, silver, plate, and all other valuables, and charge and collect compensation for the same, which said charge shall be a lien upon said deposits or valuables until paid; and generally to do and carry on the business of a safety deposit and trust company. Trust estates. Safety deposits. SEC. VII. Be it further enacted, That said corporation shall have power to act as fiscal agent for any State, county, city, town, corporation or municipality whatsoever, for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or other obligations, or for guaranteeing the payment of [Illegible Text] bonds, certificates, obligations or coupons, and generally for managing such business for such compensation as shall be agreed upon. 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

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trust or fund; Provided, such investment be not contrary to any of its directions. Fiscal agent. SEC. VIII. Be it further enacted, That the total liabilities to said bank, of any person, company, corporation or firm, shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank; but the following shall not be included in said liabilities, to-wit: Bona fide discounts, commercial paper, bills of lading, bills of exchange, warehouse and elevator receipts, and other like receipts, receipts of deposits, and securities convertible in open market. Liabilities must not exceed te per cent. capita stock. SEC. IX. Be it further enacted, That the stock of said corporation shall be transfered only on the books of the corporation by the holder in person or by his power of attorney; and no stockholder shall transfer his stock or shares, except by consent of the directors, if he is indebted or liable to the corporation as principal, security, endorser, or otherwise, whether the debt or liability be matured or not, until such indebtedness is paid off and discharged. Transfer of stock. SEC. X. 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 thereof, and in addition the stockholders of said corporation shall be individually liable to the creditors of the corporation to the amount of the capital stock subscribed or held by them at any time said indebtedness of the corporation may be sought to be enforced after judgment, by execution. Liability of stockholders. SEC. XI. Be it further enacted, That said corporation may adopt its own forms of deeds, mortgages, liens, and notes; the same to conform to the laws of Georgia. 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 November 8, 1889. INCORPORATING THE BANK OF DAWSONVILLE, GEORGIA No. 582. An Act to incorporate the Bank of Dawsonville, Georgia, and for other purposes therewith connected. SECTION I. Be it enacted by the General Assembly of Georgia, That John Palmore, H. B. Smith, Pomp Strickland, P. B. Lawrence,

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Henry Howser, J. F. Castlebery and A. T. Brown, 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 Bank of Dawsonville, Georgia, and by said corporate name shall be competent in law to 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, which may be necessary and proper for its purposes as a bank of discount and deposit, and alien, convey, lease and mortgage and otherwise dispose of 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 to do all acts and things necessary and 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 Dawsonville, in this State. Corporators. Name. General powers. Domicile. SEC. II. Be it further enacted, That the capital stock of this corporation shall be fifty thousand dollars ($50,000), to be divided into shares of one hundred dollars each; but said corporation shall have the 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 two hundred thousand dollars, whenever it may be deemed expedient by the stockholders, in meeting assembled, by a vote of two-thirds of the entire stock of the corporation voting in favor of such increase. Said corporation is hereby authorized to commence business as soon as the fifty thousand dollars capital stock shall have been subscribed for by good and solvent parties, and twenty-five per cent. of the same shall have been paid in on 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 the board; Provided, any subscriber shall have the right to pay up his subscriptions at any time he may see fit. Capital stock. Authority to commence business. SEC. III. Be it further enacted, That said corporation shall have power to receive money on deposit; to loan and borrow money; to take and give therefor such securities as may be deemed best; to purchase and discount and collect notes and bills of exchange, and to do all acts in a general banking business, and all acts that it may deem advisable for the safe keeping and secure and profitable investment of its funds. Banking powers.

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SEC. IV. Be it further enacted, That the total liabilities to said bank of any person, or any company, corporation or firm for money borrowed, including in the liabilities to said bank of any company, corporations or firms, the liabilities of the several members thereof, 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. Liabilities must not exceed 10 per cent. of capital stock. SEC. V. Be it further enacted, That the directors of said corporation may semi-annually declare a dividend of so much of the net profits as they shall deem expedient, but before declaring such dividend they shall carry one-tenth of the net profits of the preceding half year to its surplus fund, until the same shall amount to twenty-five per cent. of its capital stock; and after that time it shall be discretionary with the Board of Directors as to what amount, if any, is placed to the surplus fund; but it shall not be lawful for them to create or accumulate a surplus of profits exceeding one hundred per cent. of their paid in capital stock, and said capital and surplus, and assets of every kind, shall be liable for any and all debts of the company, and in addition thereto the stockholders shall be individually liable for any debts of the bank to the full extent of their unpaid shares, of the balance due thereon, and shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of such bank to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares. The rights and privileges herein by this charter granted shall be valid and in effect for fifty years. Dividends. Surplus fund. Liability of stockholders. Term of charter. SEC. VI. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock, truly representing his or her interest, and such stock shall be held bound to the bank for any dues or other indebtedness by said stockholder to the bank, and a lien is hereby declared upon the same in favor of the bank, superior to all other liens, which may be foreclosed upon the same as a mortgage upon personal property, and sold in the same way; and no stockholder who may be indebted to said bank, either as principal, or security, or endorser, shall, without the consent of the President and directors of the bank, sell or transfer his or their stock; and all sales and transfers of stock in said bank must, in order to be valid, be made on the books of the bank by the owner of the stock, or his lawfully appointed attorney in fact, under such

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rules and regulations as may be declared by the by-laws of the bank, and any other transfer is void as against the company. Certificates of stock. Transfer of stock. SEC. VII. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a Board of Directors composed of seven stockholders, citizens of this State, each of whom shall own, in his own right and name, not less than two shares of said stock, one of whom shall be elected President; said board shall have the right and power to elect from the board a Vice-President; said board also has the right to elect a Cashier and such other officers as the interest and business of said bank may require. Board of Directors. SEC. VIII. Be it further enacted, That said Board of Directors shall make and declare by-laws for their government in the management of the business of the corporation, fixing the meetings of said board and the salaries of its officers; and said Board of Directors shall have the right to appoint or remove any officers or agent of the corporation at any time they may see fit. A majority of said directors at any regular meeting shall constitute a quorum for the transaction of business. Their powers. SEC. IX. Be it further enacted, That the parties named in the first section of this Act, or their successors or assigns, shall, and they are hereby appointed commissioners to open books of subscription to the capital stock of said bank, at such time and place, and for such amounts, and to such persons, as they, or a majority of them, may determine. The directors of said bank shall be elected by a majority in interest of the stockholders of said bank voting at said election, under the inspection of said commissioners, at such place as they may designate, within twenty days from the closing of said subscriptions called for by them, and on the second Tuesday in January annually thereafter. No election shall be valid when a majority of the whole stock is not represented; and in any election for directors, and in all questions that may come before any convention of shareholders, each share of one hundred dollars of stock shall entitle the owner to one vote; and it shall be the duty of the President of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns, under oath, to the Governor of this State, as are required by law to be made. Vacancies occurring in the Board of Directors at any time other than at the annual elections shall be filled by the Board of Directors. Commissioners to open books of subscription. Annual elections. Vacancies. SEC. X. 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 installments of the capital stock, which may be called for

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by the commissioners or Board of Directors, the board may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscribers by bringing suit thereon in any court having jurisdiction of the same, or the stock of such delinquent subscriber may, by resolution of the Board of Directors, be sold on terms prescribed by such resolutions and in a way prescribed therein after thirty days notice in writing to the delinquent. Delinquent subscribers SEC. XI. Be it further enacted, That the Cashier, who may also be a director, shall be elected by the Board of Directors and shall give such bond in such sum as they may require. It shall be the duty of the Cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the company by signing checks, receipts, or certificates of deposit in conducting the business of the bank. Cashier. SEC. XII. Be it further enacted, That said corporation shall have 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 rate fixed by law, and it may also make loans for any time agreed on, and charge interest for the whole time, and include the same in the note or notes, or other security given therefor, and collect the same by monthly installments or otherwise, without any rebate of interest thereon, if the debtor will so agree. Loans on real estate. SEC. XIII. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their check or receipt for the 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 of such minors. Married women and minors may deposit. SEC. XIV. Be it further enacted, That said bank 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 any 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 laws 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 bank is hereby authorized to act as trustee or assignee in this

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State, and funds in litigation in the various courts of this State may be received on deposit by said bank bearing such interest as may be agreed on. Trusts and trust estates. SEC. XV. Be it further enacted, That in all cases of loans upon real estate or other property as security, the said corporation shall have the right to charge such sum in addition to interest, not in excess of the lawful rate, as may be agreed upon by the borrower and the corporation, for the expenses of investigating and abstracting titles, inspecting and reporting on property offered as security; and any claimant of interest paid in excess of the lawful rate to said corporation shall bring his suit for such interest within six months from the time such interest or discount is paid to said corporation, or the right of said claimant to recover the same shall be forever barred. Interest on real estate loans. 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 November 8, 1889. INCORPORATING THE PEOPLE'S BANKING AND TRUST COMPANY OF ATLANTA. No. 584. An Act to incorporate The People's Banking and Trust Company of Atlanta; to define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That W. F. Crusselle, James W. Vaughn, M. G. Parker, Eugene M. Mitchell, I. S. Mitchell, R. C. Mitchell, F. P. Rice and Charles F. Rice, their associates, successors and assigns be, and they are hereby, constituted and declared a body corporate and politic, with perpetual succession, under the corporate name and style of The People's Banking and Trust Company of Atlanta, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded; 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 this

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State or of the United States, and do any and 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, particularly banking companies, and necessary and proper for the transaction of the business for which it is incorporated, including the rights, powers and privileges enumerated and set forth in sections 6, 7, 8 and 11 of the Act of the General Assembly of Georgia, approved December 18, 1886, incorporating the Oglethorpe Savings and Trust Company, the language of which said sections is hereby adopted and made a part of this Act as though fully set forth herein, except the words The Oglethorpe Savings and Trust Company. Corporators. Name. General powers. SEC. II. Be it further enacted, That the principal place of business of said corporation shall be in the city of Atlanta, but it may establish branches or agencies at other places in said State, or elsewhere, and delegate to them such powers as may be necessary for properly transacting the business of such branches or agencies. Principal office. SEC. III. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into five hundred shares of one hundred dollars each, with the privilege of increasing the capital stock to five hundred thousand dollars, or five thousand shares, the increase to be made in the manner prescribed by the by-laws; and the incorporators, or a majority of them, are authorized and empowered to open books of subscription for said stock, which shall be paid in by the subscribers or stockholders in monthly installments, and in such sums as may be determined by the Board of Directors, not to be less than two dollars per share, and such payments shall continue until the amounts paid shall be one hundred dollars per share; Provided, any stockholder, with the consent of a majority of the directors shall have the right to pay the entire amount subscribed for or due by him at any time, and he may receive such interest on advance payments as the Board of Directors may see fit to allow. Capital stock. Subscriptions payable in installments. Proviso. SEC. IV. Be it further enacted, That said company shall have the right to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for any person, company, partnership or corporation; to invest its own money or the money of others; to lend and invest money in, or upon the security of and by way of mortgage, pledge, deed or otherwise on or over any lands, hereditaments, or real property or interest therein of any description, situated in the State of Georgia; to lend money upon, or bills of lading or the contents thereof, bills, notes, bonds, choses-in

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action, or any and all negotiable or commercial paper, or any crop or produce whatever, or any stock, bullion, merchandise or effects, and the same to sell or in anywise dispose of, and to charge any rate of interest on all such loans, that may be agreed on in writing not exceeding the rate allowed by law; and it may also make such loans for any length of 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, bimonthly, semi-annual or annual installments or otherwise, without any rebate of interest thereon, if the debtor or borrower will so agree. Banking powers and privileges. SEC. V. Be it further enacted, That as soon as five hundred shares shall be subscribed for, and the sum of ten thousand dollars paid in on said stock, the stockholders shall have the right to organize the corporation under this Act and transact business. At the first or any subsequent meeting of the stockholders, called by a majority of the corporators, a Board of Directors, of not less than five nor more than eight, shall be elected, to hold office until their successors are elected and qualified. A majority of the directors shall constitute a quorum for the transaction of business. Authority to organize SEC. VI. 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 their successors are elected and qualified. They shall choose out of their own number a President, a Vice-President, and shall have power to fill any vacancies which may occur in said board, and shall appoint such officers, agents and clerks as may, in their judgment, be necessary; fix their salaries and define their duties, and remove them whenever 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 proper by said board 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 interest in conformity with the provisions of this Act, subject to revision, modification or repeal by the stockholders at an annual meeting. No stockholder shall be eligible as director who is not the owner, in his own right, of at least ten shares of the capital stock of said corporation. Board of Directors. Their powers. SEC. VII. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may own or be liable for to

Page 591

the corporation, whether by overdraft, note, acceptance, endorsement, security, or otherwise; but it shall make no loan or discount on the security of the shares of its own capital stock. Liens on stock. SEC. VIII. Be it further enacted, That said corporation may make loans on real estate of personal property, or other security at any rate of interest that may be contracted for in writing, not exceeding the highest rate allowed by law, and may charge interest for the whole time and include the same in the note or notes, mortgages, deeds or other security given therefor and collect the same by monthly installments or otherwise without any rebate of interest thereon, the debtor so agreeing thereto by executing the note or notes, mortgage, deed or other security aforesaid; Provided, that when said company shall make loans on real estate it shall have all the rights, powers and privileges conferred by an Act entitled an Act to authorize and empower Building and Loan Associations and other like associations of this State to lend money to persons not members nor shareholders, at eight per cent, or less and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of the principal and the interest for the entire period of the loan into monthly or other installments and to take security by mortgage with waiver of exemption or title, or both, upon and to city, town and suburban property, and for other purposes, approved December 26, 1888. Loans and mortgages. Proviso. SEC. IX. 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 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 or subscribed therefor. Liability of stockholders. SEC. X. Be it further enacted, That the directors shall have power to declare dividends out of the earnings of said corporation; Provided, that no dividend shall be declared until the earnings are sufficient to pay the same after deducting all expenses of carrying on and operating said banking business, and in no way lessening or interfering with the capital stock of said bank. Dividends. Proviso. SEC. XI. Be it further enacted, That this charter shall be of force and effect for the term of fifty 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 law in conflict with this Act be, and the same are hereby repealed. Approved November 8, 1889.

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INCORPORATING THE SOUTHERN LOAN AND BANKING COMPANY. No. 587. An Act to incorporate the Southern Loan and Banking Company, with power to do a banking business, act as agent, assignee, receiver and trustee, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. E. McAshen, Hoke Smith, James F. Lester, their associates, successors and assigns, be, and they are hereby created a body politic and corporate under the name and style of the Southern Loan and Banking Company, and by such name said corporation shall have perpetual succession, and is empowered to sue and be sued, contract and be contracted with, to have and use a common seal, and at pleasure to alter the same; to ordain and establish such by-laws, rules and regulations, not inconsistent with law, as it shall deem proper; to receive, purchase, own, hold and use property of all descriptions necessary and proper to its business as a bank of discount and deposit, and the same to alien, convey, lease, mortgage and otherwise dispose of, and in general to exercise any corporate powers necessary or expedient to accomplish the purposes of said corporation. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing the same at the will of the majority of the stockholders, to any sum not more than five hundred thousand dollars; and the incorporators or a majority of them are hereby authorized and empowered to open books of subscription to said stock, and to organize and commence business so soon as the sum of ten per cent. has been paid in on said stock. The stock shall be paid for in such installments as may be subscribed in the terms of the stock subscription prepared and furnished by the incorporators. Capital stock. Books of subscription. SEC. III. Be it further enacted, That at the first meeting of the stockholders, called by a majority of the incorporators, by-laws shall be adopted, (to be changed only at a meeting of the stockholders of said company), and a Board of Directors shall be elected. By-laws. SEC. IV. Be it further enacted, That the principal place of business of said corporation shall be the city of Atlanta, but it may establish branches or agencies at other places in said State or elsewhere,

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and delegate to them such power as may be necessary for properly transacting the business of such branches or agencies. Principal office. SEC. V. Be it further enacted, That said corporation may do a general banking business; receive deposits with or without paying interest upon the same, under such regulations as the Board of Directors from time to time shall prescribe; and if any money is deposited by any minor, such money may be withdrawn by the minor without the consent of his parent or guardian, and his or her receipt or check shall be as binding as though such minor were of full age. That such corporation shall have power to buy, sell, discount and collect bonds, stocks, securities, notes, bills, and other choses in action; to lend money on real and personal property or such other security as it may see fit at any rate of interest agreed upon, not in excess of the highest contract rate allowed by law, and for any time agreed on, and may charge interest for the full time and include the same in the note or notes or other evidences of debt given therefor, and collect the same by monthly or other installments if the debtor shall so agree, without any rebate of interest thereon; and in such cases the laws applicable to loans made by building and loan associations are hereby made applicable; and to secure any and all loans, advances or other debts due or owing to it said corporation is authorized to take such nortgages, deeds of trust, conveyances, pledges or other securities as it may see proper. Banking powers and privileges. SEC. VI. Be it further enacted, That said corporation shall have power and authority to act as financial agent for any person or corporation, either to negotiate loans, to sell or buy securities or to make investments, and to charge and collect for such service such commissions or compensation as may be agreed upon. May act as financial agent. SEC. VII. Be it further enacted, That said corporation shall have power and authority to act as trustee, assignee, receiver, executor, administrator or guardian, and to charge and collect for such service such commissions as may be agreed upon or authorized by law. Authority to act as trustee, executor or administrator. SEC. VIII. Be it further enacted, That each stockholder shall be individually liable for the debts of the corporation to the amount of his or their unpaid subscription to the capital stock of the corporation, and, in addition thereto, each stockholder shall be individually liable for the ultimate payment of the debts of such corporation to an amount equal to the amount of stock held by him at the time such debts were respectively created. Liability of stockholders. SEC. IX. Be it further enacted, That the total liabilities to said corporation of any person, corporation or firm, (including in liabilities of said firm, the liabilities of the individual members

Page 594

thereof), for money borrowed shall, in no event, exceed ten per cent. of the capital stock of said bank; but advances made upon bills of lading, warehouse and elevator receipts, commercial paper and securities convertible in the open market shall not be considered borrowed money under the provisions of this section. Liabilities must not exceed ten per cent. of capital stock. 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 November 8, 1889. INCORPORATING THE COTTON MILLS BANK OF NEWNAN. No. 619. An Act to incorporate the Cotton Mills Bank of Newnan, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That R. D. Cole, Senior; R. H. Hardaway, J. P. Brewster, Joseph T. Reese, H. W. Camp, Thomas M. Jones, S. W. Murray, N. B. Glover, H. C. Arnall, P. T. Cuttino, U. B. Wilkinson, M. F. Cole, and such other persons as may hereafter become associated with them, and their successors and assigns, are hereby created a body corporate for the term of fifty years, under the name of Cotton Mills Bank, with its principal place of business at Newnan, in the county of Coweta. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, in shares of one hundred dollars each, which may be increased, from time to time, to not over two hundred thousand dollars. The corporators, or any two or more of them, are authorized to open books of subscription for said stock, and when fifty thousand dollars thereof shall have been subscribed, said corporation shall have power to organize; and when half of said subscription shall have been paid in said corporation may begin business under this Act. Capital stock. Authority to organize SEC. III. Be it further enacted, That said corporation shall have the following powers: (1) To sue and be sued; to have and use a common seal; to receive, purchase, own, hold and use personal property of all descriptions, and alien, convey, hypothecate, lease, mortgage, and otherwise dispose of the same in any manner that a natural person might lawfully dispose of similar property; and to do such other acts as are proper or necessary for the legitimate exercise of

Page 595

its purpose. Said corporation shall have the right to purchase real estate for its own purposes, and in settlement of debts due it. (2) To elect or appoint directors, not less than five; and by its Board of Directors to appoint a President, Vice-President, Cashier and other officers; define their duties, require bonds of them, and fix the penalty thereof; dismiss such officers, or any of them, at pleasure, and appoint others to fill their places. (3) To prescribe by-laws, not inconsistent with law, regulating the manner in which its stock shall be transferred, its directors elected or appointed, its officers appointed, its property transferred, its general business conducted, and the privileges granted to it by law exercised and enjoyed. (4) To exercise, by its Board of Directors, or its duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of debt; by receiving deposits; by buying and selling exchange, coin and bullion; by loaning or borrowing money and taking or giving such security therefor as a natural person might take. General powers. Officers. Banking powers. SEC. IV. Be it further enacted, That all subscriptions to the capital stock of said corporation shall be paid on call of the directors, after such notice as the by-laws may prescribe. Whenever any subscriber, or his assignee, shall fail to pay any installment of his subscription when due, the Board of Directors may at any time thereafter enforce the payment of the entire indebtedness for subscription to stock of such defaulter by suit, either against the original subscriber or the assignee at the election of the board, or the said stock belonging to such delinquent may, by resolution of the Board of Directors, after notice, once a week for two weeks, in the Sheriff's official gazette of Coweta county, be sold at public auction on a regular sale day, at which sale the corporation may buy, and the proceeds of such sale, less the expenses, including attorney's fees, shall be placed to the credit of the delinquent on his subscription. If any subscriber shall pay nothing on his subscripafter any part thereof shall become due, then the Board of Directors may at their discretion, after notice, forfeit such subscription. Delinquent subscribers SEC. V. Be it further enacted, That in all elections of directors, and in deciding all questions at meetings of shareholders, each shareholder shall be entitled to one vote on each share of stock held by him; shareholders may vote by proxy, if duly authorized in writing, but no shareholder whose liability is past due and unpaid, shall be allowed to vote. Voting stock. Proxies.

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SEC. VI. Be it further enacted, That the shareholders of said corporation shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such corporation, to the extent of their unpaid subscription, and to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares; Provided, that persons holding stock as executors, administrators, guardians, or trustees, shall not be personally subject to such liabilities as stockholders, but the estates and funds in their hands shall be liable in like manner, and to the same extent as the testator, intestate, ward or person interested in such trust fund would be if living, or competent to act, and hold the stock in his own name. Liability of stockholders Proviso. SEC. VII. Be it further enacted, That no person may become a shareholder in said corporation by transfer, unless the same is done on the books of the corporation, in accordance with its rules; and the directors may provide for closing the transfer books a reasonable time before an annual election. Transfer of stock. SEC. VIII. Be it further enacted, That minors shall be competent to make deposits with said corporation, and their receipts and checks for the same shall be a sufficient discharge to said corporation. And any contract made by them with it in course of its business, as to said deposits, shall be binding in law, and such deposits shall not be subject to the claims or control of the parent, guardian or trustee of such depositors. Minors may make deposits. SEC. IX. Be it further enacted, That the total liabilities to said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm, the liabilities of the several members thereof), shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in. But bills of exchange, and commercial papers, and sureties convertible in open market, warehouse receipts, and bills of lading, shall not be considered as such liabilities. Liabilities must not exceed ten per cent. of capital stock. 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 November 11, 1889.

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INCORPORATING THE GEORGIA BANKING AND TRUST COMPANY. No. 637. An Act to incorporate The Georgia Banking and Trust Company, and to confer upon it general banking privileges and powers of investment, and the right to act as trustee, executor, administrator, or other fiduciary agent; to issue bonds; to maintain a safe deposit; to insure titles to investors, and to become security for others; also, the right to buy, own, sell or otherwise dispose of property, and to exercise all the necessary powers incident to aforesaid business. 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 J. L. Camp, E. T. McGhee, P. H. Hardin, John H. Reynolds and B. I. Hughes, persons in said State, their associates and successors, are hereby constituted and declared to be a body corporate and politic, under the name of The Georgia Banking and Trust Company, with continuous succession, with power, under this name, to sue and be sued; to have all general corporate powers, and especially those enumerated in section 1679 of the Code of Georgia, published in the year 1882. The principal office of the company shall be at Rome, Georgia, with the right to establish branch offices [Illegible Text] any other place or places within or without this State, and shall continue for and during the term of fifty years. Corporators. Name. General powers. Principal office. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall not be less than $50,000 (fifty thousand dollars), divided into shares of $100 (one hundred dollars) each, with the privilege of changing the same, from time to time, to any amount not exceeding $500,000 (five hundred thousand dollars) or below $50,000 (fifty thousand dollars); and the corporators, or a majority of them, are hereby authorized and empowered to open books of subscription to said capital stock, and to organize when the sum of $50,000 (fifty thousand dollars), or more, has been subscribed; and the company may begin business when $50,000 (fifty thousand dollars) has been paid, in cash, in such manner as the corporators may determine. Capital stock. SEC. III. Be it further enacted by the authority aforesaid, That at a meeting of the stockholders, called by a majority of the corporators, for organization, a Board of Directors, of not less than five nor more than thirteen, as may be agreed on by said stockholders,

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shall be elected from among the stockholders, who shall hold office for the period of one year, and until their successors are elected and qualified. A majority of the number of directors agreed on shall constitute a quorum for the transaction of business. Said Board of Directors shall have full power to manage the business of the company, elect and appoint all officers as they may deem necessary, fix their compensation, fill vacancies occurring in their body, and do and perform such other things as may be delegated to them by the by-laws of said company. At all meetings of stockholders, each share of stock shall represent one vote, which may be cast by the stockholder in person, or by proxy, authorized in writing. The stockholders shall have power to make and establish by-laws for the government of the company as they may deem best, not inconsistent with the laws of the land. Board of Directors. Their powers. Proxies. SEC. IV. Be it further enacted by the authority aforesaid, That said company shall have the right to do the general business of banking, except it shall not have the right to receive daily deposits of cash, but shall have the right to receive special deposits of cash or other valuables for special purposes, as may be agreed upon and as is hereinafter authorized. It shall have the right to make loans and discounts; to loan its own or its depositor's funds, when authorized by such depositor; to obtain and procure loans for other persons; to invest its own money or the money of others in the purchase of real property; to lend and invest money in or upon the security of, and by way of mortgage, pledge, deed or otherwise, on or over any real property or interest therein of any description, situated anywhere; to lend money upon, or purchase, or otherwise acquire, bills of lading or the contents thereof, bills, notes, bonds, choses in action, or any and all negotiable or commercial paper, or any crop or produce whatever, or any stock, bullion, merchandise, effects, or other personal property, and the same to sell or in any wise dispose of, and to charge any rate of interest on all such loans, that may be agreed on in writing, not exceeding the contract rates that may be allowed by law; and it may also make such loans, for any length of 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, bi-monthly, semi-annual or annual installments or otherwise, without any rebate of interest thereon, if the debtor or borrower will so agree. Banking powers and privileges. Loans and mortgages. SEC. V. Be it further enacted by the authority aforesaid, That said company may subscribe to, purchase, acquire or lend money upon any stock, shares, notes, bonds, debentures, or other securities of any government, State, municipality, corporation, partnership or

Page 599

person, and to hold, deal in or sell the same, or to distribute the same among the stockholders; to negotiate or place in behalf of corporations, companies, partnerships or persons, shares, stocks, debentures, bonds, notes, mortgages or other securities, with or without guaranty or collateral obligation by this company, and to sell or subscribe any of the property, real or personal, or any interests acquired therein by it, to any other corporation for any portion of its bonds, securities, obligations, or capital stock, as may be agreed upon without liability on such stock so purchased or subscribed for, beyond the agreed terms of said purchase or subscription. Loans on stock, bonds, etc. SEC. VI. Be it further enacted by the authority aforesaid, That said company 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, with such interest, not exceeding the lawful rate, and under such regulations as may be fixed by said board. And if any money or other valuables are deposited by any person as trustee or agent, his or her check or receipt therefor shall be binding upon his or her cestui que trust or principal, whether such cestui que trust or principal be disclosed or not. Deposits for investment. Trusts. SEC. VII. Be it further enacted by the authority aforesaid, That said company, at any time agreed on by the Board of Directors, and from time to time, may issue (debenture) coupon bonds in principal amounts of not less than $10.00 (ten dollars) nor more than $5,000.00 (five thousand dollars), payable at any time agreed upon, and drawing any rate of interest agreed on, not forbidden by law; and to secure the payment of the same, may transfer to any person, natural or artificial resident within or without this State, as trustee, all of its securities, property, effects or franchises, or any part thereof, by way of mortgage, deed, pledge or otherwise, and said company may sell, loan, pledge, hypothecate or otherwise dispose of said debenture bonds by the use of agents or otherwise at any prices, and pay its said agents any commission its Board of Directors may agree on for the purpose of obtaining money for use in its general business. Authority to issue bonds. SEC. VIII. Be it further enacted by the authority aforesaid, That said company shall have the right to act as agent, factor or trustee for any State, county, town, municipality, corporation, copartnership or individual, on such terms, as to agency and commission, as may be agreed on, in registering, selling and countersigning, collecting, acquiring, holding, dealing and disposing of, on account of such State, county, town, municipality, corporation, co-partnership

Page 600

or individual bonds, certificates of stock, or any description of property, real or personal, or for guaranteeing the payment of such bonds, certificates of stock, etc., and generally for managing such business. Authority to act as agent or trustee. SEC. IX. Be it further enacted by the authority aforesaid, That said company 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 corporation, co-partnership or individual; and it shall have power to accept any grant, assignment, transfer, devise or bequest, and hold any real or personal estate or trust, created in accordance with the laws of this State, and then to execute the same in such manner 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 assignees. It shall have power and authority to receive, for safe keeping or deposit, money, bonds, stocks, diamonds and silver plate, and other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a lien upon such deposit until paid; and generally to do and carry on the business of a safety, deposit and trust company. Authorized to accept or execute trusts. Safe deposit. SEC. X. Be it further enacted by the authority aforesaid, That said corporation shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian of the property of any minor or person non compos mentis, and shall have power to act as administrator of any deceased person's estate, on the same terms and conditions as natural persons; but nothing in this Act shall be so construed as to give said corporation the right or power to act as trustee, executor, administrator, guardian or assignee, without first executing the bond for the faithful performance of said trust, as, and in the same manner as is now and may hereafter be required by law, of natural persons; and the Ordinaries of the State are hereby authorized to grant letters testamentary and letters of administration or of guardianship to said corporation as to natural persons. Whenever, in the execution of any trust herein authorized to be done by this company, an oath or affidavit is required to be made by law; such oath or affidavit may be made on the part of the company by the President or the acting Vice-President. Said company shall also have power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatsoever, whether said 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 assets and property of this company

Page 601

shall be absolutely liable for the faithful management of the trusts as confided to its care as executor, administrator, guardian, or trustee, agent, assignee, or receiver, as aforesaid. May act as executor or guardian. SEC. XI. Be it further enacted by the authority aforesaid, That said company shall, and is hereby given the right to, carry on the business of guaranty, insurance, and may insure or guarnty to any person the payment of any dividends, bonds, notes, undertakings, mortagages or other securities or evidences of indebtedness, or the interest thereon, or may warrant or guaranty the title to any real estate, within this State, to any person; and may guaranty the faithful discharge of duty, and faithful accounting for funds by any public or private official or agent; and, for such guaranty, may sign, as surety, any official or private bond or other obligation, and may charge and collect therefor any price that may be agreed on. Guaranty insurance. SEC. XII. Be it further enacted by the authority aforesaid, That said company shall have all powers necessary for carrying on the business authorized by this charter, and may charge such premiums, commissiones or rate of compensation as may be agreed on, in and for any of the matters referred to therein. Commissions. SEC. XIII. Be it further enacted by the authority aforesaid, That the officers of said company shall consist of a President and as many Vice-Presidents as shall be fixed by by-law, a Cashier and as many Assistant Cashiers as may be fixed by by-law, and a Geneneral Counselor, all of whom shall be elected at such time and shall hold their respective offices for such terms as may be fixed by the by-laws, and until their successors are elected and qualified. The stockholders may, in their diseretion, vest in the Board of Directors the power to make by-laws for the conduct of the business of the company and for their own government, not inconsistent with this Act or with the by-laws established by the stockholders. The by-laws, either of the stockholders or directors, shall fix the duties and salaries of the various officers of the company. Officers. SEC. XIV. Be it further enacted by the authority aforesaid, That the stock held by any person shall be transferred only on the books of the company, either in person or by written power of attorney; and no stockholder shall transfer his stock except by consent of the directors of said company, if he is indebted to the company as principal, security, or otherwise, until such indebtedness is paid off and discharged; and for all such indebtedness said company shall have a lien superior to all other liens, except for taxes, upon the stock of said stockholder. Transier of stock. SEC. XV. Be it further enacted by the authority aforesaid, That each stockholder in said company shall be individually liable for

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the debts of the corporation to the amount of his or her unpaid subscription to the capital stock of the company. Liability of stockholders. SEC. XVI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. INCORPORATING THE ROME BANKING AND TRUST COMPANY. No. 680. An Act to incorporate The Rome Banking and Trust Company. SECTION I. Be it enacted, That J. W. Rounsaville, J. A. Rounsaville, J. Branham, J. L. Camp, Jno. J. Seay, Hamilton Yancey, E. T. McGhee, Halstead Smith, 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 Rome Banking and Trust Company. Corporators. Name. SEC. II. Be it further enacted, That the principal office of said company shall be in the city of Rome, Georgia, but said company may establish agencies in other counties and cities of this State, and in other States in the United States. The capital stock of said company shall be one hundred thousand dollars, with authority to increase the same to three hundred thousand dollars, to be divided into shares of one hundred dollars each; and when there shall have been fifty thousand dollars of said capital stock subscribed, and fifty per cent. of the fifty thousand dollars actually paid in, the said company may organize and proceed to business under this Act. Principal office. Capital stock. SEC. III. The corporate powers of said company shall be vested in and exercised by a Board of Directors, consisting of not less than five persons, to be chosen by a majority, in interest, of the stockholders voting at an election for that purpose, each share of stock to represent one vote; and said directors shall hold their offices for one year from the date of their election and until their successors are elected and qualified; a majority of said board shall constitute a quorum for the transaction of all business devolving upon the same. Said board shall fill all vacancies occurring in its body by death, resignation or otherwise, and the persons elected to fill such

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vacancies, shall hold their offices until the next election of a Board of Directors by the stockholders. Board of Directors. SEC. IV. Be it further enacted, That the Board of Directors shall have power, from time to time, to appoint and employ such officers, clerks and agents as the business of the company may, from time to time, require; to make, ordain and establish such by-laws and regulations as they may judge proper, for the election of officers; for prescribing their duties and the mode of discharging the same; the manner of transferring its property; of conducting its general business; of exercising and enjoying the privileges granted to it by law; Provided, such by-laws and regulations shall not be repugnant to the Constitution and laws of this State and of the United States. Their powers. Proviso. SEC. V. Be it further enacted, That the said company shall have power and authority to purchase, sell or exchange bonds, stocks, bills of exchange, coin and bullion; to discount and negotiate notes and drafts, bills of exchange and other evidence of debt; to lend money, and to take and hold personal and collateral securities, on such terms as may be agreed on with borrowers, and mortgages or other instruments conveying real or personal estate as security for the payment of such loans; to issue, hypothecate and sell its own debentures or bonds; to receive and keep on special deposit all valuables, such as gold, silver or paper money, bullion, precious metals, jewels, plate, certificates of stock or evidence of indebtedness, deeds or muniments of title, or other valuable papers of any kind, or any other article or thing whatsoever, which may be left or deposited for safe-keeping with said company, and shall be entitled to charge such commissions or compensation therefor as may be agreed on; and for the safe-keeping and preservation of all such property, the said company is authorized to construct or purchase such fire-proof safes, buildings or vaults as may be necessary for such purpose; to become surety on individual and official bonds; to examine and report on titles to real estate, and to guarantee the same; to take, accept and hold, as trustee, by grant, assignment or bequest, any property, real or personal, that may be, by its consent, conveyed to it by private persons, corporations, or the courts, and to execute such trust or trusts according to the terms thereof, and according to the laws of this State; to accept and hold the office of assignee, or receiver, administrator, executor or guardian of any estate or estates whenever such appointment or appointments may be made by any person or persons, or by any court of this State or any other State, or of the United States; and in all cases, whenever application may

Page 604

be made to any court for the appointment of a receiver, trustee, administrator, executor or guardian of any person or estate, it shall and may be lawful for such court, if it shall think fit, to appoint the Rome Banking and Trust Company, with their assent, to such office. Banking powers. May act as assignee or receiver. SEC. VI. Whenever said company may be invested with any trust or trust estate and shall accept the management thereof, either as trustee, assignee, receiver, administrator, executor or guardian or otherwise, the said trust shall, in all respects, be administered according to the requirements and provisions of the laws of this State, and the compensation for such service shall be that provided by such laws. The said company, as such officer, shall be subject to all orders and decrees that may be legally rendered by the courts of this State. The accounts of such estate shall be separately kept and regular returns made, as are required to be made by administrators and executors. Administering trust estates. SEC. VII. Be it further enacted, That at any time after the passage of this Act the corporators herein named, or a majority thereof, may open books of subscription to the capital stock of said company, and so soon as the requisite amount thereof is bona fide subscribed, the said corporators shall call a meeting of the stockholders to convene in the city of Rome, Georgia, and ten days' notice shall be given in some public gazette published in said city of the time and place of such meeting for the election of a Board of Directors for the management of the affairs of said company; and thereafer annual elections of a Board of Directors, on like notice, shall be held in said city. The officers of said company, unless otherwise ordered by the Board of Directors, shall consist of a President, Vice-President, Secretary and Treasurer and such other agents or servants as may be elected by said board, or, by authority thereof, appointed by the President or Vice-President of said company. The two first named of said officers shall be elected from the Board of Directors, and the offices of Secretary and Treasurer may be held by one and the same person. Books of subscription. Annual elections. SEC. VIII. Be it further enacted, That, in case of the failure of said corporation, the stockholders shall be bound in their private capacity to any creditor of said corporation for the amount of stock subscribed for by him until the said subscription is fully paid up or until the stockholder shall have paid out of his private property debts of said corporation to an amount equal to his unpaid subscription. 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 November 12, 1889.

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INCORPORATING THE ATLANTA DIME SAVINGS BANK. No. 685. An Act to incorporate the Atlanta Dime Savings Bank, with power to do a general banking business, act as agent, assignee, receiver, executor, administrator and trustee, with its principal office in the city of Atlanta, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That D. C. Bacon, H. B. Tompkins, H. P. Smart, J. T. Colcord and Martin Amorous and their associates, successors and assigns be, and they are hereby, created a body politic and corporate, with perpetual succession, under the name of Atlanta Dime Savings Bank, and by such name shall have the power to sue and be sued, plead and be impleaded, complain and defend in any court of law or equity; to make, use, and, at pleasure, alter a common seal; to make and establish such by-laws, rules and regulations not inconsistent with the laws of this State nor of the United States, for the government of the incorporation and its incorporators, as it may deem proper; to contract and be contracted with; to receive, purchase, own, hold and use property of all descriptions, real, personal and mixed, and the same to alien, convey, lease, mortgage and otherwise dispose of, and to receive the rents, incomes and profits thereof; and generally to do each and every act requisite, necessary, expedient or convenient to accomplish the purpose of such corporation. Corporators. Name. SEC. II. And it is hereby further enacted by the authority of the same, That said corporation shall have power to do and transact a general banking business; to receive deposits of money without liability for interest; to buy and discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt; to purchase, own, sell and hypothecate stocks; to loan money, and to take as security, real estate, bonds, stocks, promissory notes or any other security or thing of value; to borrow money and to secure the payment of same by deed or mortgage, and any written evidence of debt, and by any other security; to invest its funds in real estate, or in such other property, real, personal or mixed, as its Board of Directors, under its by-laws, may determine or direct; to buy and sell foreign and domestic exchange, and to make collections, and to charge and receive pay for the same; Provided, said corporation

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shall not purchase lands except for its own needs and purposes and in settlement of claims due it. Banking powers and privileges. Proviso. SEC. III. And it is hereby further enacted by the authority of the same, That said body corporate shall have power to receive deposits of money, and to contract to pay thereon such rate of interest as may be agreed on, not exceeding the rate fixed by law and in the by-laws for the government of the corporation; may regulate from time to time the maximum and minimum amount of the deposits it will receive, the rate of interest to be paid generally, and in particular cases; the manner and times of payment of interest, and the manner and times at which deposits may be withdrawn, and shall have power in its discretion to cause the interest on any deposit to cease, first giving not less than thirty days' notice to the depositor, personally or by publication, of the date on which its liabilities shall cease, and such notice, if made by publication, may be made to apply either to one or more depositors, or to a particular class of depositors, or to depositors of amounts above or below a sum named, or to all of the depositors; but any depositor shall have the right to withdraw his deposit at the time fixed for the cessation of interest, and if the bank should, after demand, fail or refuse to permit such withdrawal, the money so retained after demand, shall bear interest as if no such notice had been given. Interest on deposits. SEC. I V. And it is hereby further enacted, by the authority of the same, That the said corporation shall have power to lend money, whether a part of its capital or deposits, or whether belonging to other persons or corporations, on real or personal property, or such other security as it may see fit, at any rate of interest not exceeding the highest contract rate allowed by law, at the time such loan shall be made, and may charge interest for the full time and include the same in the note or notes, or other evidences of debt given therefor, and collect the same by monthly or other installments, if the debtor shall so agree, without any rebate of interest thereon; and to secure any and all such loans, advances or other debts due or owing to it, said corporation is authorized to take such mortgage, deed of trust, conveyance, pledge, or other security, as it may deem proper; and to negotiate loans, and invest funds for other persons or corporations upon such terms and conditions, and upon such commissions to be paid by the lender or borrower, as may be agreed upon. Loans and mortgages. SEC. V. And it is hereby further enacted by the authority of the same, That evidences of deposit made, shall be given by the bank by means of pass-books, certificates, or in such other manner as it may prefer. Any deposits made by or in the name of a minor, or

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in the name of a trustee where the name of the cestui que trust is not coupled with the name of the trustee, shall be held for the exclusive right of the depositor, free from the control or lien of any other person whosoever, except creditors, and the receipt or acquittance of such minor or trustee, as such, shall be valid and sufficient release and discharge for such deposits with any accruing interests so paid. Deposits of minors or trustees. SEC. VI. And it is hereby further enacted by the authority of the same, That in case of deposits on interest, the sum deposited with accrued interest shall be paid to the depositors respectively, or to their legal representatives, after demand, in such manner and at such times, and after such previous notice, and under such regulations as may be prescribed by the Board of Directors, which regulations shall be printed in pass-books, and shall be evidence between the bank and the person holding the same, of the terms on which deposits are made, and the bank may refuse to receive a deposit, and may also at any time return all or any part of any deposit. Authority to refuse to receive or to return deposits. SEC. VII. And it is hereby further enacted by the authority of the same, That said bank shall have the right to procure and establish safety boxes and vaults, and may let the same for hire, and collect the hire; and said bank may also deposit its funds as other depositors, with such national bank, or with any other bank or banker, and may authorize any such bank or banker to receive for it any deposit, and pay out for it such moneys as it may direct. It shall also have the power by contract to occupy a part of the premises of any other bank, and use for its business the vaults, safes, furniture and fixtures of such other bank as may be agreed on. Safety deposit. SEC. VIII. Be it further enacted by the authority aforesaid, That said hereby created corporation shall have the power and authority to act as fiscal agent or trustee for any State, person or corporation, public or private, upon such terms and for such compensation as may be mutually agreed upon, not inconsistent with any of the laws of this State or of the United States. May act as fiscal agent SEC. IX. And it is hereby enacted by the authority of the same, That the principal place of business of said bank, and its principal office, shall be in the city of Atlanta, county of Fulton, and State of Georgia. Domicile. SEC. X. And it is hereby further enacted by the authority of the same, That the capital stock of said corporation shall be one hundred thousand dollars ($100,000), with the privileges of increasing the same to five hundred thousand dollars ($500,000) by a vote representing two-thirds of the entire number of shares. The capital stock shall be divided into shares of fifty ($50) dollars each, and shall

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be transferable in such manner as may be prescribed by the by-laws; and before the bank shall commence business, the full amount of ten thousand ($10,000) dollars shall be actually paid in. Stockholders may pay in full the amount of stock subscribed for, or may pay in by installments, as called for by the directors, not more than ten per centum each month; but in no case shall any stockholder receive any interest or dividend, or other payments or advantages, except pro rata upon the amount of money actually paid in upon such stock. If the first installment upon any share of stock shall remain unpaid for fifteen days after it shall have been called for by the directors, the person who is in default shall lose his right to said stock, and it may, without notice, be sold by the directors to any person applying for the same; and if any subsequent installment remains unpaid for thirty days after it shall have become due, the stock upon which such installment is so due shall be subject to forfeiture, sale or transfer in such manner as the by-laws of the corporation may provide. The said corporation shall have a lien upon all the stock of any stockholder for any indebtedness of such stockholder to it, and no transfer or assignment of such stock shall be valid, or operate to release it from such lien, until all such indebtedness is paid. Such lien may be enforeed as may be provided by the by-laws. Capital stock. Subscriptions may be paid in nstallments. Forfeiture of stock. SEC. XI. And it is hereby further enacted by the authority of the same, That the affairs of the corporation shall be managed by a Board of Directors of not less than five, nor more than eleven, to be selected by the stockholders at such time and in such manner, and to serve for such time as may be prescribed in the by-laws, which shall also provide what number shall be a quorum for business. The officers shall be a President and Vice-President, who shall be members of the Board of Directors, a Cashier, and such other officers and agents as may be determined upon and elected by the Board of Directors. Board of Directors. Other officers. SEC. XII. And it is further enacted by the authority of the same, That said corporation shall be responsible to its creditors to the extend of its capital and its assets, and each stockholder shall be individually liable for all the debts of said corporation to the extent of his unpaid shares of stock, and said stockholder shall be further and additionally individually liable, equally and ratably, and not one for another, as sureties, to the depositors of said corporation for all moneys deposited therein, in an amount equal to the face value of their respective shares of stock. It being the true intent and purpose of this section of the Act, that as to depositors for all moneys deposited with said corporation, there shall be an

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individual liability upon such stockholders in such corporation, over and beyond the par value of his original shares of stock, equal in amount to the face value of said shares of stock; Provided, that said liability of the stockholders shall not prevent depositors from having equal rank with all other creditors upon the capital property and assets of said bank. Liability of stockholders. Proviso. SEC. XIII. Be it further enacted, That the total liabilities to said bank, of any person, or of any company, corporation or firm (including in the liabilities of the company or firm, the liabilities of the several members thereof,) shall at no time nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank; but the discount of bills of exchange, commercial paper, securities convertible in open market, bills of lading and warehouse receipts, shall not be considered as any portion of said liabilities. Liabilities must not exceed ten per cent. of capital stock. SEC. XIV. And it is hereby further enacted by the authority of the same, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed, so far as they so conflict. Approved November 12, 1889. INCORPORATING THE PEOPLES SAVING BANK OF ROME. No. 710. An Act to incorporate the People's Savings Bank of Rome, Georgia, and to confer upon it general corporate and banking powers and privileges, and the rights and privileges of Savings Banks and Trust Companies. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the outhority of the same, That P. H. Hardin, J. L. Camp, John H. Reynolds and E. T. McGhee, and their associates and successors, be and they are hereby made a body corporate and politic under the name of the People's Savings Bank, and in such name shall have the power to sue and be sued in any court of law or equity; to make, use and alter a common seal; to make by-laws and rules for the government of the corporation and the conduct of its business, not inconsistent with this Act nor the general laws of this State, nor of the United States; to contract and be contracted with, and in general to have and exercise any corporate powers necessary to the execution of the powers herein conferred. Corporators. Name. General powers.

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SEC. II. Be it further enacted by the authority aforesaid, That said corporation shall have power to do and transact a general banking business; to receive deposits of money with or without liability for interest; to purchase or discount notes, drafts, bills of exchange, checks, certificates and other evidences of debt, secured or unsecured; to make collections; to purchase stocks, bonds and other securities of any kind, including its own stock; to lend money and take as security real estate, bonds, stocks, promissory notes, or any other security or thing of value; to borrow money and secure the same by deed or mortgage, or the hypothecation of its securities or other assets, or the pledging thereof in any other legitimate way; to purchase, hold, sell, convey and mortgage real estate, and to invest their funds therein, and collect and receive the rents and profits thereof; to buy, sell, lease, hold and rent real estate in payment or satisfaction of debts due it, or when necessary for carrying on its business. Banking powers and privileges. SEC. III. Be it further enacted by the authority aforesaid, That said body corporate shall have the power to receive deposits of money and to contract to pay thereon such a rate of interest as may be agreed on, not exceeding the rate that may be allowed by the general laws of the State; and in the by-laws, for the government of the company, may regulate the maximum and minimum amount of the deposits they will receive, the rate of interest to be paid, the manner of payment, and they shall have power at their discretion to cause the interest on any deposit to cease, first giving not less than thirty days' notice to the depositor personally or by publication of the date on which their liability shall cease; and such notice, if made by publication, may be made to apply either to one or more depositors, or to a particular class of depositors, or to depositors above or below a sum named, or to all of the depositors. Interest on deposits. SEC. IV. Be it further enacted by the authority aforesaid, That evidences of the deposit made shall be given by the bank by means of pass-books, certificates, or in such other manner as they may prefer. Any deposits made in the name of a minor or of a female, or in the name of a trustee, whether the name of the cestui que trust is coupled with the name of the trustee or not, shall be held for the exclusive right of the depositor from the control or lien of all persons whatsoever except creditors, and the receipt or acquittance of such minor or female (or trustee as such) shall be a valid and sufficient release and discharge to said corporation for such deposit with any accruing interest so paid. Deposits of minors and females. SEC. V. Be it further enacted by the authority aforesaid, That said bank shall have the right to procure and establish safety boxes

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and vaults, and may let the same for hire and collect such hire. Such bank may also deposit its funds as other depositors in any national bank or in any bank incorporated under the laws of this State, and may authorize any officer therein to receive for them any deposit and pay out for them such moneys as they may direct. Such bank shall also have the power by contract to occupy a part of the premises of any other bank and use for its business the vaults, safes, furniture and fixtures of such other bank as may be agreed upon. They shall have the right and power to act as agents under said corporate name, and thereunder may negotiate loans and charge a reasonable compensation for their services. Safety deposits. May occupy office with other banks. SEC. VI. Be it further enacted by the authority aforesaid, That in case of deposits on interest, the sum deposited with accrued interest shall be paid to the depositors respectively, or to their legal representatives after demand, in such manner and at such times, and after such previous notice and under such regulations as may be prescribed by the Board of Directors, which regulations shall be printed in the pass-books and shall be evidence between the bank and the persons holding the same, of the terms on which the deposits are made, and the bank may refuse a deposit, and may also at any time return all or any part of any deposit. paying interest on deposits. SEC. VII. Be it further enacted by the authority aforesaid, That the place of business of said bank and its principal office shall be in the city of Rome, Georgia, with the right to establish branch offices at other points in this State. Domicile. SEC. VIII. Be it further enacted by the authority aforesaid, That the minimum capital stock of said corporation shall be ten thousand dollars, with the privilege of increasing the same from time to time to two hundred thousand dollars by a two-thirds vote of the stockholders in amount. The capital stock shall be divided into shares of one hundred dollars each, and shall be transferable in such manner as may be prescribed in the by-laws, and each stockholder shall be individually liable to the creditors of the corporation to the extent of their unpaid subscriptions to the capital stock and to an additional sum equal to the amount of stock held by each, ratably, and not one for the other. Capital stock. Liability of stockholders. SEC. IX. Be it further enacted by the authority aforesaid, That the affairs of the corporation shall be managed by a Board of Directors of not less than five, to be selected by the stockholders, to serve for such terms and elected at such time and manner as shall be prescribed in the by-laws. The officers and agents and their powers and liabilities shall be as may be deemed and prescribed by

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the directors as necessary and proper for the transaction of the business of the corporation. Board of Directors. SEC. X. Be it further enacted by the authority aforesaid, That in addition to the powers heretofore conferred, the corporation herein created shall, in law, be capable of being appointed as trustee, with the power of holding and managing property under such trust as are allowed, and under such conditions as are required by the laws of this State, and capable also of being made assignee of property for the use of others. Authority to act as trustee or assignee. SEC. XI. Be it further enacted by the authority aforesaid, That the term of this charter shall be for the full period of fifty years. Term of charter. SEC. XII. Be it further enacted, That not more than ten per cent. of the capital stock of said bank shall be loaned to any one person, partnership or corporation, but this provision shall not apply to deposits in other banks, bills of exchange, commercial paper, bills of lading, warehouse receipts and sureties convertible in open market. Extent of loans to one person. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. INCORPORATING THE GEORGIA SECURITY AND BANKING COMPANY. No. 747. An Act to incorporate the Georgia Security and Banking Company SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Joel Hurt and Samuel Barnett and H. H. Cabaniss, of the State of Georgia, and Robt. P. Wakeman, of the State of Connecticut, and such other persons and corporations as shall hereafter become associated with them, and their successors and assigns be, and they are hereby constituted a body corporate under the name of The Georgia Security and Banking Company, under which name they may sue and be sued, contract and be contracted with; take, hold, use and convey property, real or personal, or any interest therein; have and use a common seal; make and enforce by-laws, and do all things necessary or convenient for carrying out the purpose of its organization. Corporators. Name General powers.

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SEC. II. Be it further enacted, That said corporation shall have authority to receive deposits; to borrow and lend money on any security; to make loans and discounts, and to carry on a general banking business. It may lend money for any period of time, and may add to the principal the interest thereon for the whole period of said loan and may require of the borrower the payment of the whole of said sum in equal monthly installments without rebate of interest. Banking powers. SEC. III. Be it further enacted, That said corporation may receive, for safe deposit and keeping, any thing or things of value, and may collect compensation for the same. Safe deposit. SEC. IV. Be it further enacted, That said corporation may, for any consideration agreed upon, negotiate and effect loans between any parties and upon any security, real or personal; it may receive and invest the moneys of any parties, or it may sell, negotiate or place, in behalf of any company, corporation, municipality, State or person, any shares, stocks or bonds, notes, mortgages or other security; it may, as principal, agent or trustee, take the title to or any interest in any property, real or personal, for the purpose of raising or negotiating loans thereon. Loans and mortgages. SEC. V. Be it further enacted, That said corporation shall have power and authority to execute the office of executor or administrator of any estate, or the guardian of the estate of any minor, or the office of agent, assignee, receiver or trustee of any kind whatever, whether conferred by any person, corporation or court; and all persons, courts and corporations are hereby authorized to confer any of such appointments upon this corporation, under the same rules as upon a natural person. May act as executor or administrator. SEC. VI. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing said capital stock at any time to five hundred thousand dollars, by a majority vote of the stock present or represented at any meeting called for the purpose. The incorporators herein named, or a majority of them, are hereby authorized to open books of subscription for said stock and to organize and begin business when said stock shall have been subscribed for and ten per cent. thereof paid in. Capital stock. Books of subscription. SEC. VII. Be it further enacted, That voting in stockholders' meetings shall be by stock. The principal office of said corporation shall be in Atlanta, Georgia, but they may establish agencies anywhere. Principal office. SEC. VIII. Be it further enacted, That at the first meeting of the stockholders, after organization, a board of seven directors shall

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be elected from among the stockholders, who shall hold their office for one year and until their successors are elected. A majority of the Board of Directors shall constitute a quorum for the transaction of business. Said board shall have the general management and control of the business of the corporation, and shall appoint all officers that they shall deem necessary and prescribe their duties and compensation. Board of Directors. SEC. IX. Be it further enacted, That each stockholder shall be individually liable to the extent of his unpaid stock subscription for all the debts of said corporation, and in addition thereto said stockholders are liable to its stockholders equally and ratably, and not one for another, to an amount equal to the amount of stock owned by them at the time such deposit was made. Liability of stockholders. SEC. X. Be it further enacted, That the total liabilities to said bank of any person, or of any company, corporation or firm, (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time nor by any construction or device exceed one-tenth part of the amount of the capital stock of said bank paid in; Provided, that bills of exchange, commercial paper, bills of lading, warehouse receipts, and securities convertible in open market, shall not be included in said liabilities. Liabilities, must not exceed ten per cent, of capital stock. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING THE FARMERS BANKING, LOAN AND TRUST COMPANY, OF JACKSON COUNTY. No. 754. An Act to incorporate the Farmers Banking, Loan and Trust Company, of Jackson county, Georgia, and to define its rights, powers, privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That L. L. Saunders, H. N. Rainey, R. S. D. Lanier, J. M. Jackson, M. V. Fuller, J. H. Giles, J. W. Sanders, D. P. Camp, L. Y. Bradbury, G. M. Wheeler, J. M. Haynie, T. L. Day, W. G. Steed, R. Sharpton, H. C. Morris, T. N. Wages, J. M. Williams, R. J. Pentecost, J. A. Dalton, J. P. Wise, J. N. Sheets, J. H. Langford, M. J. Tucker, M. A. Millsaps, B. F. Fincher, J. M. Wages, J. L. Knight, J. C. Lowry, S. L. Hinton, G. B. Bennett,

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W. W. Hogan, S. G. Arnold, W. J. Potter, Henry Bolton, J. T. O. Shields, L. J. Johnson, D. L. Hancock, C. F. Holliday, D. O. Elder, J. M. Holliday, J. J. Wages, W. J. Etherige, John Helton, T. K. Smith, R. H. Moore, and J. F. Nowell, their associates, successors and assigns, be and they are hereby incorporated and made a body corporate and politic under the name and style of the Farmers Banking, Loan and Trust Company, of Jackson county, Georgia, and by that name they shall have continuous succession for a period of fifty years, and shall have power to sue and be sued, plead and be impleded in any court whatever, and may have and use a common seal and may alter and renew the same at pleasure, and may make, change and repeal by-laws as herein stated, and said corporation shall have all the powers, facilities, franchises and rights necessary or proper to successfully accomplish and maintain the objects of its incorporation. The main office of said corporation shall be at Jug Tavern, Georgia, but it shall have the power and the right to carry on its business anywhere in this State. Corporators. Name. General powers. Principal office. SEC. II. Be it further enacted, That said corporation's business shall be managed by a Board of Directors, to be elected by the stockholders annually on the first Wednesday in July of each year, a majority of votes being necessary to a choice. The number of the directors shall be, unless increased or decreased by a majority vote of the stock represented in any meeting of fifteen persons, who shall all be members of the Farmers' Alliance and owning not less than ten shares of stock in said corporation. A majority of said directors shall constitute a quorum for the transaction of business. The Board of Directors shall elect from among their number a President and Vice-President. The Cashier and all othersattorneys, agents, officers and employesshall be elected by the Board of Directors, and by them removed at pleasure. A plurality of votes in all elections of said corporation shall be elective whether in matters connected with the Board of Directors or the stockholders. The President and other officers, employes, etc., shall perform such duties as may be prescribed by the by-laws of said corporation. The terms of the directors and President in office shall be one year; they shall hold office until their successors are elected and installed in office; Provided, they are elected at the annual meeting of the stockholders on the first Wednesday in July. The Board of Directors, who are elected to supercede the acting Commissioners named in the first section of this Act, shall hold office only until the next annual meeting of the stockholders of said corporation on the first Wednesday in July, after their election, unless re-elected. All notices of the stockholders meetings of corporation shall be given by

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the Board of Directors, and under such rules as may be provided by the by-laws. Any number of persons owning one-fourth the capital stock of said corporation shall have the power to call at any time, a meeting of the Board of Directors, under such rules as may be fixed by the by-laws for calling meetings of the stockholders. At all elections and meetings of the stockholders each stockholder shall be entitled to cast, either in person or by proxy, one vote for every share of the capital stock, either original, or increased, owned, or held by them as guardian, executor, administrator, or as trustee; Provided, that owners, guardians, executors, administrators, or trustees, must be members of the Farmers' Alliance in good standing at the time the meeting is held in which they are seeking representation; if not, they can be represented only by proxy, and such proxied person must be a member of the Farmers' Alliance, who owns not less than ten shares of stock in said corporation. The Board of Directors shall have power and authority to establish, alter and amend, subject to the ratification of the stockholders, all such by-laws, rules and regulations, not in conflict with the Constitution and laws of this State or of the United States, as they may deem necessary or advantageous for the government of said corporation or the management of its businesses; they shall have authority to fill all vacancies that may occur in the Board of Directors, or in the officers of said company by death, resignation or otherwise; they shall have power to call in from time to time as they may deem proper, such installments of the original or increased capital stock of said corporation as may remain unpaid from time to time, and at any time, and to receive cash, or what they may consider its equivalent in payment thereof; they shall have authority to manage and conduct all of the business of the corporation of every kind; to make contracts, to borrow money, to make notes or other evidences of debt, under such rules as may be provided by the by-laws, as the exigencies of the corporation may require, and to execute, if necessary or expedient, any deed or deeds of mortgage, or any deed or deeds of trust, or security for the fulfillment of said corporation's contracts, obligations or liabilities of any and every kind. The powers given the Board of Directors may be conferred by them upon any officer or agent, subject to their control; and, in the discharge of such powers, the said board shall be subject to the supervision of the stockholders in convention assembled. Minutes of the proceedings of the Board of Directors shall be kept in a book or books provided for that purpose, and shall be signed by the President and by the Secretary, and the same shall be subject to the inspection of any stockholder. Board of Directors. Other officers. Annual meetings. Special meetings. Proviso as to executors and guardians. Powers of Board of Directors.

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SEC. III. Be it further enacted That said corporation may contract and be contracted with, acquire, hold, lease, mortgage, alien and convey personal property just as any natural person might or could, and to buy and take deeds to real estate in satisfaction of debts due it, and to sell or otherwise use the same after so purchased. May hold or convey personal property. SEC. IV. Be it further enacted, That said corporation shall have power and authority to carry on a banking business; it may receive money on deposit, with or without allowing interest thereon, as may be agreed upon, and issue certificates of deposit therefor; it may buy and sell exchange, foreign and domestic; it may loan and borrow money, and to take and give therefor real or personal security, or otherwise, as may be considered best, and sell and assign such securities; to make advances on real or personal property, or both, including growing or harvested agricultural, horticultural or other crops; to receive valuables or other articles of personal property of any sort or kind, including stocks, bonds, 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; it may deal in precious metals, and may buy, hold, or sell, or discount; or collect promissory notes, bills of exchange, bills of lading, contracts, claims, receipts, rents, choses in action of any kind whatsoever, mortgages on real or personal property, stock of other corporations; to act as agent for the investment of money in real or personal property of all kinds, for any person or corporation, upon terms that may be agreed upon. To act as agent for the procurement of loans of money on real or personal security or otherwise, for any person or corporation; to receive upon deposit for safe keeping, jewelry, plate, stocks, bonds, valuables, paper and securities of all kinds, and other valuable property of every description, upon such terms as may be agreed upon; to execute and to issue, demand receive and enforce all receipts, certificates, contracts, bonds or other instruments of writing as may be necessary for the transaction of its business; to receive savings on deposit, paying therefor such interest, and under such requirements and regulations, as may be prescribed by the by-laws for these kinds of deposits, and to do a general banking, exchange, savings bank, loan and trust business, and to do all acts as may be considered by it advisable and best for carrying on the same. Banking powers and privileges. Safe deposits. SEC. V. Be it further enacted, That said corporation shall have power to act as fiscal agent for the State of Georgia, or for any

Page 618

county, city, town, corporation or municipality whatsoever for negotiating, issuing, registering, selling and countersigning bonds and certificates of stock or other obligations, or for guaranteeing the payment of such bonds, certificates, obligations or coupons, or for doing or for performing any other contracts or obligations by this corporation, and generally for managing such business for such corporation as may be agreed upon. May act as fiscal agent. SEC. VI. Be it further enacted, That married women and minors shall be competent to make deposits with said corporation of money or otherwise, and their cheeks and receipts for the 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 the debts of the husbands respectively of such married women, or the parents, guardians or trustees, respectively of such minors. Married women and minors may deposit. SEC. VII. Be it further enacted, That said corporation may construct, or lease, and maintain in the county of Jackson, or elsewhere in this State, warehouses, grain elevators and other storehouses for cotton, grain, vehicles and other farm products and all farm implements, for hire or otherwise; and make advances upon all articles deposited with said corporation, sums of money upon such terms and such commissions as may be agreed upon, and to make advances upon mortgages and other conveyances of real estate; to receive, keep, sell or forward any articles committed to its keeping; to do all acts it may deem advisable for the safe-keeping and the secure and profitable investment of its funds. Warehouse privileges. SEC. VIII. Be it further enacted, That the capital stock of said corporation shall be twenty thousand dollars ($20,000), with the privilege of increasing the same, from time to time, for the purpose of paying its debts and making investments, to any amount not exceeding five hundred thousand dollars ($500,000), and said capital stock, to be divided into shares of ten dollars ($10) each. Capital stock. SEC. IX. Be it further enacted, That all shares of stock in said corporation 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. Transfer of stock. SEC. X. Be it further enacted, That transfers of stock are always subject to the consent of the directors, and must be entered upon the records of the company. All stock is subject to the indebtedness of the company by the holder thereof, whether as security, endorser or otherwise, and no transfer can defeat this without the express consent of the Board of Directors. Stock subject to indebtedness of company.

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SEC. XI. Be it further enacted, That dividends may be declared of the net earnings of the company at any annual meeting. Dividends. SEC. XII. Be it further enacted, That the books of subscription shall be first opened under the superintendance of the persons named in the first section of this Act, or a majority of them acting in person or by proxy, in such place and on such day or days as said persons, or a majority of them may deem expedient, and all subscriptions to such capital stock shall be paid in cash, or that which said persons may deem its equivalent, in installments, as called for by the Board of Directors. Books of subscription. SEC. XIII. Be it further enacted, That in the event, that any of the subscribers, at any time, to the capital stock of said corporation, shall fail to pay any installment or installments which may be required by the Board of Directors, on the capitol stock, either original or increased, subscribed for or held in his, her, its or their name, the said Board of Directors shall have power to declare said capital stock, either original or increased, and all installments previously thereon, forfeited to said corporation, and said defaulting subscriber or subscribers shall be thenceforth debarred against all rights of recovery from said corporation for the stock so forfeited; Provided, that said Board of Directors shall, before said forfeiture, give to said delinquent subscriber or subscribers at least sixty days' notice, either published or written; and, provided further, that in no instance shall a greater amount of the subscription already paid in than is necessary to meet the unpaid balance due the company by such delinquent, be forfeited, and should such forfeiture of stock, already paid in be insufficient to pay the amount subscribed, either as original or increased capital stock, by such delinquent, then suit may be brought against said delinquent for any balance that may be due said corporation. Forfeiture of stock. Proviso. SEC. XIV. 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 death or the refusal to act of one or more of said persons as director or directors, the remaining persons shall have power to elect other persons as directors for the time being, to act in their stead. Provisional directors. SEC. XV. 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 thereof as may be deemed expedient by them, call a meeting of the stockholders of said corporation, to be held in Jug Tavern, Georgia, which meeting, when assembled, shall proceed to elect a permanent Board of Directors, whose term

Page 620

of office shall be until the next annual meeting of the stockholders of said corporation after their election, unless re-elected from time to time, a majority of votes being necessary to a choice. Authority to organize SEC. XVI. Be it further enacted, That the by-laws of said corporation shall provide that a bond, with security, be required of all officers having charge of the valuables, cash, papers, bonds, etc., of said corporation, in the amount that would secure said corporation against loss on account of such officers or employees. Officers required to make bond. SEC. XVII. Be it further enacted, That said corporation shall be entitled to commence operations, and exercise all the rights, powers, privileges and functions and franchises hereby granted, as soon as the sum of twenty thousand ($20,000) dollars has been bona fide subscribed and paid in on the books of said corporation, as hereinafter provided. Authority to commence business. SEC. XVIII. Be it further enacted, That the President shall make an annual report of said corporation's business, showing correctly and plainly its volume of business, and the condition of its affairs. Said report shall embrace the business of the corporation, beginning on the 15th day of June, and shall include the business for one year. Annual reports. SEC. XIX. Be it further enacted, That a committee of five persons, who shall each be a stockholder in said corporation, be elected by the stockholders at each meeting for the election of the Board of Directors. The duties of said committee shall be to examine the books, papers, notes, accounts and cash of said corporation, and compare the standing of the company, as they so find it, with the report made by the President of said corporation, and shall make their report at each annual meeting of the stockholders. Said report shall be addressed to the stockholders of the Farmers Banking, Loan and Trust Company, of Jackson county, Georgia. Committee to examine books of company. SEC. XX. Be it further enacted, That no person shall be eligible as a director unless he owns at least ten shares of stock in said corporation, and must also be a member of the Farmers Alliance. Eligibility of directors. SEC. XXI. Be it further enacted, That the liability of the company to its creditors shall be to the full extent of all its property, and in addition thereto each stockholder shall be individually liable for the debts of the company created while he, she or it is a stockholder in said corporation in proportion to the amount of stock held, owned or subscribed for by them at the time the debt was created. Liability of stockholders. SEC. XXII. Be it further enacted, That the salaries and compensations

Page 621

of said corporation's agents, attorneys, officers and employes, shall be fixed by the by-laws of said corporation. Salaries. SEC. XXIII. Be it further enacted, That no individual or compeny shall at any time own more than one-fourth of the capital stock of said corporation. Ownership of stock limited. SEC. XXIV. Be it further enacted, That the main office of said corporation shall first he located at Jug Tavern, Georgia, with the privilege of moving the same to any city or town in this State, when deemed expedient by the stockholders. Principal office. SEC. XXV. Be it further enacted, That this charter shall be and continue of force fifty years, with the privilege of renewing the same, unless the same be altered, amended, modified or repealed. Term of charter. SEC. XXVI. Be it further enacted, That the liability of no person, partnership or corporation shall at any one time exceed one-tenth part of the capital stock of said corporation, but warehouse and elevator receipts, and other like receipts, bills of lading, bills of exchange, commercial paper, and securities convertible in open market, shall not be included in such liability. Liabilities must not exceed ten per cent of capital stock. SEC. XXVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING THE SOUTHERN MUTUAL BANKING AND TRUST COMPANY. No. 776. An Act to incorporate the Southern Mutual Banking and Trust Company, and to define its power, rights 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 John Stephens, Thos. G. Healey, Evan P. Howell, John H. Mecaslin, James F. O'Neill, John Carey, John M. Graham, L. B. Nelson, and L. DeGive, and their associates and successors, are hereby created a body corporate, by the name of the Southern Mutual Banking and Trust Company, and as such shall have succession for the term of fifty years, and may contract and be contracted with as well as sue and be sued in any court whatsoever. Corporators. Name. SEC. II. Be it further enacted, That the corporation hereby

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created be, and the same is hereby authorized to exercise any or all of the powers hereinafter set out; to take and hold on general or special deposit, money, stocks, and all descriptions of personal property, and to issue receipts or certificates therefor; to take and hold in trust, or as security, or in payment of debts due or to become due said company, all descriptions of personal and real property; to accept and execute all trusts of every description which may be committed to it by any person or persons whatsoever, or by any corporation, or by any court of this State or of any other State or Territory of the United States; to act as fiscal agent for this State or any other State or Territory, or for any county, city, municipality or corporation 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, and generally for managing, doing or performing such business as may be agreed on, for such State or corporation; to make bonds of indemnity, and to become surety for the obligations of persons and other corporations; to buy, collect, adjust, settle and sell bonds, stocks, notes, mortgages, and choses in action; to take, hold, buy, sell, lease, improve, mortgage, manage, deal in or otherwise within the purview of its powers and rights as a bank; to have and hold or control, any real or personal property of any description in this or any other State or Territory of the United States; to loan money on mortgage or other security, real or personal, at any rate of interest that may be contracted for in writing, not exceeding the highest rate allowed by law, and to charge interest for the whole time, and include the same in the note or notes, mortgage, deed or other security given therefor, and collect the same by monthly installments or otherwise, without any rebate of interest thereon, the debtor so agreeing thereto by executing the note or notes, mortgage, deed, or other security aforesaid; to borrow money or pledge its property or any part thereof as security; to execute and issue its own debenture bonds or other evidences of debt, bearing interest not exceeding the highest contract rate allowed by the laws of Georgia, singly or in series, or classes, of any denomination, properly secured upon property placed with said corporation for said purposes, or upon property held or owned by it; and to secure the payment of the same may transfer to any person, natural or artificial, as trustee, all of its property, securities, effects or franchises, or any part thereof, by way of mortgage, deed, pledge or otherwise; and said company may sell, loan, pledge, hypothecate or otherwise dispose of said debenture bonds, or other evidences of debt, by the use of agents or otherwise, at any price, and paying its

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agents any commission its Board of Directors may agree on, for the purpose of obtaining money for use in its general business; to negotiate loans or conduct other transactions on commission or for such compensation as may be agreed on; to make such charges as may be agreed on for the storage or safe keeping of such property as may be entrusted thereto or deposited therewith, as pledge, or collateral, or otherwise; to invest its funds in such manner and upon such terms as it may deem best, and transfer its property at pleasure; and to do a general banking business with all the powers incident thereto under the laws of this State, and to have and exercise all other enumerated in section 1679, of the Code of Georgia of 1882; Provided, that nothing herein contained shall be construed to authorize said bank to charge interest at a greater rate than eight per cent. per annum. Banking powers and privileges. Loans and mortgages. Authority to issue bonds. Proviso. SEC. III. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into five hundred shares of one hundred dollars each, with the privilege of increasing the capital stock to five hundred thousand dollars or five thousand shares, the increase to be made in the manner prescribed by the by-laws; and the incorporators, or a majority of them, are authorized and empowered to open books of subscription for said stock, which shall be paid in by the subscribers or stockholders in monthly installments and in such sums as may be determined by the Board of Directors, not to be less than two dollars per share, and under penalty, in case of non-payment of the amount due on such stock when required, of forfeiture to the company of such stock and previous payments thereon; Provided, any stockholder, with the consent of the majority of the directors, shall have the right to make advance payments or pay the entire amount subscribed for or due by him at any time, and he may receive such interest on the same as the Board of Directors may see fit to allow, not higher than the maximum legal rate. Capital stock. Paid in installments. Proviso. SEC. IV. Be it further enacted, That as soon as three hundred shares shall be subscribed for and the sum of ten thousand dollars paid in on said stock, the stockholders shall have the right to organize the corporation under this Act and transact business. At the first or any subsequent meeting of the stockholders calted by a majority of the corporators, a Board of Directors of not less than three nor more than seven shall be elected to hold office until their successors are elected and qualified. A majority of the directors shall constitute a quorum for the transaction of business. Authority to organize SEC. V. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by the Board of

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Directors, who shall serve one year and until the election of their successors, except the first board, which shall serve until their successors are elected and qualified. They shall choose out of their own number a President, and shall have power to fill any vacancies which may occur in said board, and shall appoint such officers, agents and clerks as may in their judgment be necessary; fix their salaries and define their duties and remove them whenever 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 proper by said board 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. No stockholder shall be eligible as director who is not the owner in his own right of at least five shares of the capital stock of said corporation. Board of Directors. Their powers. SEC. VI. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe or be liable for to the corporation, whether by over-draft, note, acceptance, endorsement, security or otherwise. Liens on stock. SEC. VII. 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 the 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 of married women and minors. SEC. VIII. Be it further enacted, That the stockholders of said corporation shall be individually liable for its debts to the amount unpaid on their respective shares of stock until such shares shall be fully paid up, and in addition thereto they shall each be individually liable in an amount equal to the stock subscribed by them at its par value; said liability of the stockholders being pro rata in the proportion of their stock to the whole stock, and not for one another. Liability of stockholders. SEC. IX. Be it further enacted, That the said company shall have an office in the city of Atlanta, and State of Georgia, but the directors may, by resolution establish an office or offices, agency or agencies, elsewhere in this State, or the United States, as the business of said company may require. Principal office.

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SEC. X. Be it further enacted, That the total liabilities to said bank of any person, or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time nor by any construction or device exceed one-tenth part of the amount of the capital stock of said bank paid in. Liability must not exceed 10 per cent. of capital stock. SEC. XI. Be it further enacted, That this Act shall take effect from and after its passage, and all laws conflicting with the same are hereby repealed. Approved November 13, 1889. AMENDING CHARTER OF THE HOME LOAN AND BANKING COMPANY OF ATLANTA. No. 778. An Act to amend an Act entitled an Act to incorporate the Home Loan and Banking Company of Atlanta, approved 26th day of December, 1888. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to incorporate the Home Loan and Banking Company of Atlanta, approved 26th day of December, 1888, be so amended as to strike from the first section thereof the words Home Loan and Banking Company of Atlanta, and substitute therefor the words Southern Banking and Trust Company of Atlanta, so that the first section, thus amended, will read as follows: Be it enacted by the General Assembly of the State of Georgia, That Martin F. Amorous, George R. DeSaussure and Morris Brandon, of said State, their associates and successors are hereby constituted and declared to be a body politic under the name of the Southern Banking and Trust Company of Atlanta, with perpetual succession, and with power, under this name, to sue and be sued, and with all other powers enumerated in section 1679 of the Code of Georgia, published in the year 1882. Name changed. SEC. II. Be it further enacted, That the above recited Act be amended by striking section 14 of said Act, and substituting the following language, which shall constitute section 14: Be it further enacted, That the stockholders of said company shall be individually liable to its creditors, over and above the amount of unpaid subscriptions, to an amount equal to the face value of his or her

Page 626

respective shares for its liabilities while he or she remains a stockholder in said company; Provided, that no stockholder shall be liable, over and above his or her unpaid subscriptions, for a greater per centum of the debts or liabilities of the company than will be equal to the per centum which the face value of his or her stock will be to the subscribed capital stock of the company. Liability of stockholders. 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 November 13, 1889. INCORPORATING THE SOUTHWEST EXCHANGE AND BANKING COMPANY. No. 805. An Act to incorporate the Southwest Exchange and Banking Company; to define its powers, 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 W. C. Sheffield, J. W. Fort, E. Hilton, E. T. Murphy, R. H. Powell and C. E. Morse, their associates and assigns, be, and they are hereby constituted and declared a body corporate and politic, with continual succession for fifty years, under the corporate name and style of Southwest Exchange and Banking Company, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded; receive, purchase, own, hold and use property of all descriptions, and alien, convey, lease and mortgage and otherwise dispose of same in any manner that a natual 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 this State or the United States; and do any and 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, particularly banking companies, and necessary and proper for the transaction of the busines for which it is incorporated. Corporators. Name. General powers. SEC. II. Be it further enacted, That the principal place of business of said corporation shall be in the city of Blakely, but it may establish branches or agencies at other places in said State or elsewhere,

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and delegate to them such powers as may be necessary for properly transacting the business of such branches or agencies. Principal office. SEC. III. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into five hundred shares of one hundred dollars each, with the privilege of increasing the capital stock to five hundred thousand dollars, or five thousand shares, the increase to be made in the manner prescribed by the by-laws; and the incorporators, or a majority of them, are authorized and empowered to open books of subscription for said stock, which shall be paid in by the subscribers or stockholders in monthly installments, and in such sums as may be determined by the Board of Directors, not to be less than two dollars per share; and such payments shall continue until the amounts paid shall be one hundred dollars per share; Provided, any stockholder, with the consent of a majority of the directors, shall have the right to pay the entire amount subscribed for or due by him at any time, and he may receive such interest on advance payments as the Board of Directors may see fit to allow. Capital stock. Payable in installments. Proviso. SEC. IV. Be it further enacted, That as soon as five hundred shares shall be subscribed for, and the sum of one thousand dollars paid in on said stock, the stockholders shall have the right to organize the corporation under this Act, and transact business, except said corporation shall not receive deposits or sell exchange until twenty-five thousand dollars shall be paid in. At the first of any subsequent meeting of the stockholders, called by a majority of the corporators, a Board of Directors of not less than three nor more than seven, shall be elected, to hold office until their successors are elected and qualified. A majority of the directors shall constitute a quorum for the transaction of business. Authority to organize. SEC. V. 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 for one year, and until the election of their successors, except the first board, which shall serve until their successors are elected and qualified. They 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, agents and clerks as may, in their judgment, be necessary; fix their salaries and define their duties, and remove them whenever it seems proper to said board to do sorequiring of any officer or agent so appointed such bond and security as may be deemed proper by said boardto secure the faithful discharge by him, of his duties and of the trust reposed in him. Said Board of Directors shall have power to make by-laws for the management

Page 628

of the affairs of said corporation; do all things necessary for the protection of its interest in conformity with the provisions of this Act, subject to the revision, modification or repeal by the stockholders at an annual meeting. No stockholder shall be eligible as director, who is not the owner in his own right of at least ten shares of the capital stock of said corporation. Board of Directors. Their powers. SEC. VI. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe, or be liable for to the corporation, whether by overdraft, note, acceptance, endorsement, security, or otherwise, but it shall make no loan or discount on the security of the shares of its own capital stock. Liens upon stock. SEC. VII. 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 securities to the creditors of said corporation, for all debts and contracts 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, or subscribed therefor. Liabilities of stockholders. SEC. VIII. Be it further enacted, That this charter shall be of force and effect for the term of fifty years from the date of the organization of said corporation. 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 November 13, 1889. INCORPORATING THE BANK OF SMITHVILLE. No. 809. An Act to incorporate the Bank of Smithville. 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 O. Hays, T. S. Burton, D. G. Overa, W. D. Wells, W. T. Simpson, T. G. Williams, E. Timmerman, D. C. Jones and W. B. Hinton, and such other persons as may hereafter be associated with them, and their successors be, and they are hereby declared and constituted a body corporate under the name of the Bank of Smithville, to be located at Smithville, Lee county, Georgia. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said

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company shall be twenty-five thousand dollars, or two hundred and fifty shares of one hundred dollars each, with the privilege of increasing the same to fifty thousand dollars or five hundred shares of one hundred dollars each, in the discretion of the Board of Directors hereinafter provided for, after the same shall have been authorized by a vote of the stockholders at a meeting called for that purpose. That when ten thousand dollars of the subscription stock shall have actually been paid in, said company may organize and proceed to the transaction of business under this Act. That when ten thousand dollars shall have been actually paid in as aforesaid, then from and after that time stockholders shall pay in the capital stock subscribed, by monthly installments, in such sums as shall be determined by the Board of Directors, not to be less than five dollars per share. Such payments shall continue until the amount paid in shall be one hundred dollars per share; Provided, that nothing herein contained shall be construed to prevent any stockholder from paying in the whole of the installments at any time if he should desire to do so. Capital stock. Authority to commence business. SEC. III. 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 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 may deem proper, but for no less amount of subscription than ten thousand dollars as hereinbefore provided. The directors of said bank shall be elected by a majority in interest of the stockholders voting at said election under the inspection of the corporators aforesaid, at such place as they may designate, and within ten days from the closing of the subscriptions called for by them, and on the fifteenth day in January annually thereafter. No election shall be valid where a majority of the whole stock paid in is not represented, and in any election for directors and in all questions that may come before any convention of stockholders, each share of one hundred dollars shall entitle the owner to one vote; Provided, no fractional part of a share paid in shall entitle the owner to a vote from and after the first election; at which first election any stockholder who has paid forty per cent. on a share shall be entitled to one vote. Vacancies occurring in the Board of Directors during the intervals of election may be filled by said board, and it shall be the duty of the President of said bank to prepare and lay before the stockholders thereof semi-annual statements of the business and condition of the bank, its assets and liabilities, and to make such returns to the Governor of this State as

Page 630

are now required by law to be made; said directors shall have power to elect a President and such other officers as they may deem necessary for the efficient management of the affairs of the bank, and to make all rules and by-laws for the government and control of its affairs in accordance with the laws of this State. The number of said directors shall be not less than five nor more than nine, a majority of whom shall constitute a quorum for the transaction of business, for fixing the day of meeting of said board and the salaries of its officers. Commissioners to open books of subscription. Elections. Proviso. Semi-annual statements. SEC. IV. Be it further enacted, That said company, by and under the name of the Bank of Smithville, 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 issue and execute all such receipts, certificates, contracts or other instruments as may be necessary; and said bank shall have power to make and use, alter and renew at pleasure a corporate seal, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act and the business of said corporation, not inconsistent with the laws of this State or of the United States. General powers. SEC. V. Be it further enacted, That said company shall have power to receive money on deposit; to lend and borrow money, take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds and to do all other acts it may deem advisable for the safe keeping and secure investment of its funds, and for the transaction of a general banking business. Banking powers. SEC. VI. Be it further enacted, That said corporation shall be responsible to its creditors to the extent of its property and assets, including the unpaid subscriptions; and, in addition thereto, the stockholders shall be individually liable, equably and ratably, and not one for another, as sureties to the creditors of said corporation to the extent of the amount of their stock therein at the par value thereof respectively, and at the time the debt was created. Liability of stockholders. SEC. VII. Be it further enacted, That this charter shall continue for the term of thirty years. Term of charter. SEC. VIII. Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm

Page 631

(including in the liabilities of the company or firm the liabilities of the several members thereof), shall at no time nor by any construction or device exceed one-tenth part of the amount of the capital stock of said bank paid in. Liability limited. 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 November 13, 1889. INCORPORATING THE METROPOLITAN SAVINGS AND LOAN COMPANY. No. 812. An Act to incorporate the Metropolitan Savings and Loan Company, and to define its purposes and powers. SECTION I. Be it enacted by the General Assembly of Georgia, That William B. Stillwell, Brantley A. Denmark, A. P. Solomon, Isaac G. Haas, Charles H. Wilcox, M. Y. MacIntyre, John R. Young, J. P. Williams, George W. Allen, E. F. Bryan, W. J. Lindsay, and H. M. Hutton, of Savannah, Georgia, their associates, successors and assigns are hereby made a body politic and corporate under the name of the Metropolitan Savings and Loan Company, and by said corporate name shall have power to contract and be contracted with; sue and be sued; to receive, purchase, own, hold and use property of all kinds, and convey, lease, mortgage, and otherwise dispose of the same, in any manner that a natural person can lawfully dispose of such property. Said corporation shall have power to have and use a common seal; to make by-laws, not inconsistent with the laws of this State and of the United States, and to do all such acts and things as may be necessary to carry into effect the purposes of this Act, and to exercise all such powers as are incident to such corporations, and necessary and proper for the transaction of the business for which it is incorporated. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand ($100,000) dollars, to be divided into shares of one hundred ($100) dollars each; but, it shall have power to increase its said capital stock, from time to time, to any amount not to exceed in all, five hundred thousand ($500,000) dollars, whenever the holders, or a majority of the shares of the entire stock, in meeting assembled, shall deem it expedient,

Page 632

by voting in favor of such increase before the same can be effected. Said corporation is hereby authorized to commence business as soon as seventy-five thousand ($75,000) dollars of said capital stock shall be paid in. Capital stock. SEC. III. Be it further enacted, That the corporators named in the first section of this Act, or any three of them, are hereby authorized 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 one hundred thousand ($100,000) dollars of stock shall have been subscribed for, they shall give notice to the subscribers by publication in a newspaper in the city of Savannah, Georgia, once a day for three (3) three days prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place, to be named in the publication, to organize said corporation, and to elect a Board of Directors. On the meeting of the subscribers, or such of them as may attend, in person or by attorney, they shall proceed to hold an election for the first Board of Directors of said corporation, which board shall consist of not less than seven (7) nor more than twelve (12), to be determined by the subscribers present, under the supervision of said corporators, or any three of them, who shall declare the result of said election, and turn over to the board so elected the subscriptions for stock and money paid in, with the charter, and thereupon said corporation shall be organized. All subscriptions to the capital stock shall be binding upon the subscribers, their heirs and legal representatives and assigns, and shall be payable at such times and in such installments as the directors may require; and if any stockholder shall fail to pay any installment called for, for thirty (30) days after the time designated in such call, his stock shall be in default, and the Board of Directors shall cause the same to be sold to the highest bidder, for cash, at such time and place, and 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 reissued to some other subscriber, upon his paying up the value of the same, the delinquent subscriber receiving the surplus, if any, which said default stock may bring at such sale, over and above expenses incident to said sale; and any deficiency in the sum thus received, necessary to make the amount of the call, and all expenses, including advertisement charges and attorney 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.

Page 633

Each stockholder shall be entitled to one vote for each share of stock standing in his name at all stockholders' meetings, and such vote may be given in person or by proxy. Commissioners to open books of subscription. Board of Directors. Forfeiture of stock. Voting stock. SEC. IV. Be it further enacted, That the corporate powers of said corporation shall be vested in and exercised by a 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 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 proper, to secure the faithful discharge of his duties and the trust reposed in him. 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 interest in conformity with this Act, subject to revision, change or repeal, by the stockholders in meeting assembled. The directors shall have power to declare dividends out of the earnings of said corporation, but 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 per cent of the capital paid in. The Board of Directors shall consist of not less than seven, nor more than twelve persons, a majority of whom shall be residents of Savannah, Georgia, and a majority of those in the city at the time of any meeting of the board, not less than three shall constitute a quorum for the transaction of business. Certificates of stock shall be issued to the stockholders and transferable in such manner as the directors may prescribe, but no transfer of stock shall release any stockholder from any obligation to the corporation, without the consent of the board. The regular annual meeting of stockholders shall be held at the principal office of the corporation in Savannah, Georgia, on the third Monday of January in 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, of which notice once a day for three days shall be published in a newspaper in Savannah, and if the Board of Directors should, within thirty days after the third Monday in January, fail to make a call for the meeting of stockholders

Page 634

as above, then the stockholders representing two-fifths of the shares, may do so on the same notice as above. Board of Directors. Their powers. Dividends. Surplus. Annual meetings. Special meetings. SEC. V. Be it further enacted, That the Metropolitan Savings and Loan Company shall have power and authority to receive money on 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 on deposit for safe keeping from any person or persons, as well as from executors, 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 foreign and domestic exchange, bills of lading, 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 personal property; to buy real estate in payment of debts, and to sell, rent, improve, mortgage, lease, manage or otherwise operate or control the same 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, mortgages, choses-in-action, security and personalty of all kinds, and real estate in this or 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 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, bearing interest not greater 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 and deeds in trust; and to sell or negotiate such notes or bonds so secured, or allow them to be negotiated or sold

Page 635

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 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 that may be considered by it advisable and best for carrying on the same. Banking powers and privileges. Deposits for investments. Proviso. Savings deposits. SEC. VI. 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. SEC. VII. 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 [Illegible Text] and not one for another, 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 stockholders. SEC. VIII. Be it further enacted, That the total liabilities to [Illegible Text] bank of any person, or of any company, corporation, or firm [Illegible Text] in the liabilities of the company or firm, the liabilities of the several members thereof) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the [Illegible Text] stock of said bank paid in. Limit to liability. SEC. IX. Be it further enacted, That this charter shall be of [Illegible Text] and effect for the term of fifty (50) years from the date hereof. Term charter

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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 November 13, 1889. INCORPORATING THE STATE SAVINGS AND BANKING COMPANY. No. 826. An Act to incorporate the State Savings and Banking Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That George M. McKenzie, James L. Riley and John W. Cox, of said State, their associates and successors, are hereby constituted and declared to be a body corporate and politic under the name of the State Savings and Banking Company, with the principal office at Atlanta, Georgia, with power under said name to sue and be sued; to have and use a common seal; to make, alter and amend by-laws for its government, not inconsistent with the laws of this State or of the United States, and also to have such other powers and privileges as usually appertain unto corporations, especially those enumerated in section 1679 of the Code of Georgia of 1882. Corporators. Name. SEC. II. 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 the privilege of increasing the same at any time to any amount not exceeding five hundred thousand dollars; and the incorporators, or a majority of them, are hereby authorized and empowered to open books of subscription to said stock, and to organize and commence business whenever five hundred shares shall have been subscribed and the sum of twelve hundred and fifty dollars paid in on said stock. The stock shall be paid for in monthly installments of not less than two and one-half dollars on each share subscribed, unless the directors otherwise decide, until the amount paid in shall be one hundred dollars per share; Provided, that any stockholder shall have the right to pay the entire amount subscribed, or any part thereof at any time on such basis as shall be agreed upon by the directors. Capital stock. May be paid in installments. Proviso. 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

Page 637

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; to declare dividends when earned; to elect all officers of the corporation, and provide for the sale or forfeiture of any stock by reason of default in paying the installments aforesaid, as well as do and perform such other things not inconsistent with the charter, as shall be delegated to them by the by-laws of said corporation. Board of Directors. Their powers. SEC. IV. Be it further enacted, That said corporation shall have power when twenty-five thousand dollars has been paid in on said stock, or at any time thereafter, if the Board of Directors deem it to the best iuterest of said corporation, to receive deposits and do a general banking business. Authority to commence business. SEC. V. Be it further enacted, That said corporation shall have power to acquire any property, real or personal, by purchase, in satisfaction or part satisfaction of any debt due said corporation, or which may have been mortgaged or conveyed to it for moneys or other valuables 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. And it may also have the power, as soon as organized, to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for or from any person, company, partnership or corporation; to lend and invest money in or upon the security of and by way of mortgage, pledge, deed or otherwise, on, in or over any real estate or personal property, or interest therein of any description, situated or being within or without this State; to lend money upon, or buy, sell, discount, or otherwise acquire, dispose of, deal in or collect any foreign or domestic exchange, precious metals, claims, rents, bills of lading, or the contents thereof, or other bills, notes, stocks, bonds, securities, choses in action, or any and all negotiable or commercial papers; and to charge on all such loans any rate of interest that may be agreed on in writing, not exceeding the rate allowed by law. General powers. Loans and mortgages. SEC. VI. Be it further enacted, That said corporation may receive on deposit, as soon as organized, or thereafter, 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 the same, when not invested, shall be repaid to such depositors at such times and with such interest, if

Page 638

any, not exceeding the lawful rate, and under such regulations as may be fixed by said board. Banking powers. SEC. VII. Be it further enacted, That if any money is ever deposited with this corporation by any minor, either as an investment or otherwise, such money may be withdrawn by said minor without the consent of the parent or guardian of said minor, and his or her check, order or receipt therefor shall be as binding upon said minor and all others as though he or she were of full age. Deposits of minors. SEC. VIII. Be it further enacted, That said corporation may subscribe to, purchase, acquire or lend money upon any stocks, shares, notes, mortgages, bonds, debentures or other securities of any Government, State, county, town, municipality, corporation, company, partnership or person; and to hold, deal in or sell the same, or to distribute the same among the stockholders, as well as to negotiate or place in behalf of any Government, State, county, town, municipality, corporation, company, partnership or person, all or any of them, any stocks, shares, notes, mortgages, bonds, debentures or other securities without guaranty or collateral obligation by this corporation. Loans on stocks and securities. SEC. IX. Be it further enacted, That said corporation shall have, and it is hereby given the authority to act, as agent, factor or other trustee for any Government, State, county, town, municipality, corporation, company, partnership or person, on such terms as to agency and commission as may be agreed on in registering, selling and countersigning, collecting, acquiring, holding, dealing in and disposing of an account of such Government, State, county, town, municipality, corporation, company or person, any bonds, certificates of stock, or any description of property, real or personal, and generally for managing such business; and said corporation may charge such premiums, commission or rate of compensation as may be agreed on for any of the matters and things authorized by this charter. Authorized to act as agent or trustee. SEC. X. Be it further enacted, That said corporation, after ten thousand dollars has been paid in on its capital stock, shall have power to receive money in trust; and shall have power to accept and execute any trust, especially to accept and excute the office of trustee, receiver or assignee, in, over or concerning any realty or personalty that may be committed to it by any court or person of this State, or of any other State or Government; and it shall have power to accept any grant, assignment, transfer, demise or bequest, and so hold any real or personal estate, or trust created, in accordance with the law of this State, or of any other State or Government, and then to execute the same on such terms, not repugnant

Page 639

to the laws of this State, as may be established or agreed upon by its Board of Directors. And said corporation is hereby fully authorized and empowered, after ten thousand dollars has been paid in on its capital stock, to act as trustee or assignee, and to receive on deposit all funds in litigation in the various courts of this State, or elsewhere, and to pay therefor such interest as may be agreed upon, not exceeding the lawful rate. It shall also have power and authority, after ten thousand dollars has been paid in on its capital stock, to receive for safe keeping or special deposit, all moneys, bonds, stocks, diamonds, gold, silver plates, and all other valuables, and charge and collect a reasonable compensation for the same, which, said charge, shall be a lien upon such deposit until paid. Trust funds and estates. Safe deposit. SEC. XI. 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, or to act as administrator of any deceased person's estate, or as guardians, as in like instances where natural persons are permitted so to act, whether said office or appointment shall be conferred by any person or persons, or by any court or officer, either of this State or of any other State or Government; and all such courts or officers, including Courts of Ordinary, are hereby authorized and shall consider, hold, deem and treat for all purposes in the premise, said corporation to the same privileges, duties and liabilities, and upon the same terms and conditions and in the same manner as is now or may hereafter be required by law of natural persons. In addition to the above conditions, the capital stock, assets and property of the corporation shall be absolutely liable for the faithful management of the trusts as confided to its care as executor, administrator or guardian as aforesaid May act as executor or administrator. SEC. XII. Be it further enacted, That the officers of said corporation shall consist of a President and as many Vice-Presidents as shall be agreed on, a Cashier and as many Assistant Cashiers as shall be agreed on, and a General Counsellor, each of whom shall be elected by the Board of Directors at such times and shall hold their respective offices for such terms as may be fixed by the by-laws, and until their successors are elected and qualified. The stockholders may, in their discretion, vest in the Board of Directors the power to make, alter and amend said by-laws, and the said by-laws shall fix the duties of the various officers. Officers of the company SEC. XIII. Be it further enacted, That the stock held by any person shall be transferred only on the books of said corporation, and then either in person or by power of Attorney; and no stockholder

Page 640

shall transfer his stock except by consent of the directors of said corporation, if he is indebted to the corporation as principal, security, or otherwise, until such indebtedness is paid off and discharged; and for all such indebtedness the corporation shall have a lien superior to all other liens upon the stock of said stockholder. Transfer of stock. Liens upon stock. SEC. XIV. 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 in addition thereto, the stockholders shall be liable for the debts of said corporation as sureties, ratably, and not one for another, to amount equal to his stock held therein at the time said debt shall have been created. Liability of stockholders. SEC. XV. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING THE BANK OF SPARTA. No. 828. An Act to incorporate the Bank of Sparta. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That R. A. Graves, E. H. Berry, E. A. Rozier, R. H. Moore, Z. W. Walter, E. T. Moore, Ivy W. Duggan, J. M. Archer, A. J. Smith and R. H. Lewis, 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 Sparta, to be located in the city of Sparta, Hancock county, Georgia. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said bank shall be twenty-five thousand dollars, with the privilege of increasing the same to one hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be twenty-five thousand dollars of said capital stock subscribed, and one-half thereof actually paid in lawful money of the United States, said company may organize and proceed to business under this Act. Capital stock. SEC. III. Be it further enacted, That when the subscription authorized in the second section of this Act shall be twenty-five thousand dollars or more, and when one-half thereof, in lawful

Page 641

money of the United States, shall have been received by the commissioner provided for in this Act on account of subscriptions, then the said subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Bank of Sparta, and under 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 have power to take, receive, purchase, and hold as security for or in payment of any loans or advances made, or otherwise, 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, deeds or other instruments as may be necessary in its discretion, and said bank shall have power to make, use, renew and alter at pleasure a corporate seal, and do all 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. Authority to organize and commence business. General powers. SEC. IV. Be it further enacted, That said corporation shall have power to receive money on deposit; to lend and borrow money; take and give therefor such securities as may be considered best; to purchase and discount notes and bills of exchange, stocks and bonds; to lend money for others, and charge commissions therefor, as hereinafter provided; and to do all acts it may deem advisable and profitable investment of the funds of said bank, and the exercise and enjoyment of its corporate powers. 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 of the capital stock 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. Liability to bank limited. SEC. VI. Be it further enacted, That said bank shall be authorized to lend money and take as security therefor personal security, notes, mortgages and other evidences of debt of value as collateral security, and deeds to land, giving bond for titles, or to reconvey to the borrower or his order; to reconvey the same, and make such lawful charges as may be agreed upon, in addition to the legal rate of interest, for securing satisfactory investigation of titles, and necessary deeds, mortgages and liens. Loans and mortgages. SEC. VII. Be it further enacted, That the business and corporate

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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 make by-laws for their government, not inconsistent herewith; fix the number of directors who shall be a quorum for the transaction of business, the days 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 three 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. Board of Directors. 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 may deem expedient, after defraying its expenses and paying its debts, but before declaring such dividends, they shall carry one-tenth part of its net profits of the preceding half year to the surplus fund until the same shall amount to twenty-five per cent. of its capital stock, and in estimating the net profits, no assets shall be counted as solvent which are six months past due, unsecured, and not in process of collection, and all such insolvent debts shall be charged off before said surplus is set aside or any dividends declared. Dividends. Surplus. SEC. IX. Be it further enacted, That the Board of Directors shall issue to each stockholder certificates of stock correctly representing his or her interest, and such stock shall be held bound to the bank for any dues or indebtedness by said stockholder to the company, and no stockholder who may be indebted to the bank either as principal, security or endorser, shall, while so indebted, sell or transfer the stock held by him or her without the consent of the President and directors of said bank, and all sales and transfers of stock must, in order to be valid, be made on the register and transfer books of the bank by the owners of the stock or his lawfully appointed attorney in fact. Transfer of stock. SEC. X. Be it further enacted, That the persons named in the first section of this Act, or any three 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 for such length of time as they may deem proper, but for no less amount of subscription than twenty-five thousand dollars. The directors of said bank shall be elected by a majority at interest of the stockholders thereof voting at an election under the inspection of said commissioners at such place as they may designate within twenty days after the closing of the subscription

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called for by them, and on the first Monday in January every year therafter. No election shall be valid when a majority of the whole stock paid in is not represented, and in any election of directors and in all questions that may come before any convention of stockholders each share shall entitle the owner to one vote. Vacancies occurring in said Board of Directors may be filled by said board, and it shall be the duty of the President of said board to prepare and lay before the stockholders thereof semi-annual statements of the business and credits of the bank, its assets and liabilities, and to make such returns to the Governor of the State as are required by law. 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. The minutes of the Board of Directors shall be kept in a book provided for that purpose, and signed by the President and Secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Commissioners to open books of subscription. Annual elections. Semi-annual statements. Minutes. SEC. XI. 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 installments of the capital stock which may be called for by the commissioners or Board of Directors, the board may at any time thereafter proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber due by him, by bringing suit therefor in any court having jurisdiction of the same; or the stock of such delinquent subscriber, may, by resolution of the Board of Directors, be sold on terms prescribed by said resolution, and in a way prescribed therein, after thirty days' notice in writing to the delinquent, and complete title there-to be made to the purchaser. Defaulting subscribers. SEC. XII. Be it further enacted, That the Cashier, who shall not be a director, shall be elected by the Board of Directors, and shall give such bond in such sum as they may require. The bond shall be fixed as to its amount, prior to the election of such Cashier. It shall be the duty of the Cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care in the course of business, and he shall have power to bind the bank by signing checks, drafts, receipts or certificates of deposit in conducting the business of the bank. Cashier. SEC. XIII. Be it further enacted, That said bank shall have authority to loan money on real estate, or such other security as the President or Board of Directors may accept, at any rate of interest that may be agreed on in writing, not in excess of the highest rate fixed by law; and said bank shall have authority to allow interest on money deposits; to accept and execute trusts of every description

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which may be committed to it by any order or decree of any court, and shall have power to accept by grant or assignment therefor, debts or bequests, and hold any real or personal estate, or trust created according to the laws of this State, and to execute such legal trusts on such terms as may be declared established or agreed upon in regard thereto. Loans on real estate Trust estates. SEC. XIV. Be it further enacted, That said bank shall have all the rights, powers and privileges now held by building loan and trust companies under the general statutes of this State, or as are usual and incident thereto. Additional powers. SEC. XV. Be it further enacted, That all capital, property and assets of said bank shall be bound for payment of its debts, and in addition thereto the stockholders shall be individually bound and liable to contribute to the payment of the debts of the bank, each in an amount equal to the par value of the stock held by him at the time the debt was created, or so much thereof as may be necessary, but no such stockholder shall be liable for the indebtedness of his co-stockholders on this account. Liability of stockholders. SEC. XVI. Be it further enacted, That this charter shall continue for a term of fifty years. Term 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 November 13, 1889. INCORPORATING THE EMPIRE BUILDING, LOAN AND TRUST COMPANY. No. 824. An Act to incorporate the Empire Building, Loan and Trust Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That E. D. Pittman, J. D. Edmondson, F. M. Ridley, D. J. Gaffney, R. S. McFarlin, Robt. E. Park, and such other persons or corporations as shall hereafter become associated with them, and their successors and assigns shall be, and they are hereby constituted and made a body corporate, with perpetual succession, under the name of the Empire Building, Loan and Trust Company, and by said name shall be competent in law to contract and be contracted with; sue and be sued; plead and be impleaded in any court

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having jurisdiction of the matter involved; to receive, purchase, own, hold, and use property of all description, both real and personal, and to sell, convey, lease, mortgage, and otherwise dispose of the whole or any part thereof in the same manner and to as full an extent as natural persons might lawfully dispose of or encumber property of same kind; and the said Empire Building, Loan and Trust Company shall have full power to make and use, renew and alter at will, a common seal; to make by-laws, not repugnant to the Constitution and laws of this State or of the United States, for the government and guidance of its officers, employes, agents and trustees, and for conducting its business; to do any and all things necessary or proper; to fully carry out and conduct its business, and fully carry out the provisions of this Act; to exercise in general and fully all the powers incident to corporations and necessary and proper for the transaction of the business and objects for which it is incorporated; and the principal office of said company shall be located in LaGrange, in this State, but the Board of Directors may cause the same to be changed to any other place in this State, 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; said company shall have the right to establish branch offices at any place in this or other States, under such rules and regulations as it may adopt, not contrary to the Constitution and laws of this State or of the United States. Corporators. Name. General powers. Principal office. Branch offices. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be one hundred thousand dollars ($100,000), divided into shares of one hundred dollars ($100) each, with the right to increase its capital stock at any time, and by a majority vote of the Board of Directors present, to any sum not exceeding five million dollars ($5,000,000); and said Empire Building, Loan and Trust Company is authorized to commence business as soon as ten thousand dollars ($10,000) of its capital stock has been subscribed and paid in. That the persons named in the first section of this Act, or any two of them, are hereby appointed commissioners, with power to open books of subscription to said capital stock, at such time and place, and for such length of time, as they may deem best, and until a sufficient amount of stock has been subscribed for to organize said company. Capital stock. Authority to commence business. Books of subscription. SEC. III. Be it further enacted by the authority aforesaid, That said corporation shall have full power and authority to do a general banking business so far as to receive money on deposit for investment only; to make loans upon any security, either real or personal,

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it may deem proper; buy, sell, draw and issue bills of exchange, either foreign or domestic; issue time and demand certificates of deposit; to certify checks; but these acts shall only be done in connection with and for the purpose of carrying on such business of raising money for investment. The said corporation shall further have the right to make or negotiate loans to any party or parties or corporation for any length of time, upon improved or unimproved real estate security in this State, or any other State or Territory; said loans to be secured by first mortgage or trust deeds, and upon all such loans it shall have the right to guarantee, if it may so decide, the payment of both the principal and interest, or either, and upon such loans so secured by mortgage or trust deed said corporation shall have, and is hereby given, the right to charge for expenses of investigating and abstracting titles, inspecting and reporting on property offered as security, and for making and negotiating or guaranteeing the payment of said loans, such sums in addition to the interest (not in excess of the legal rate) as may be agreed upon by the borrower and said corporation. The said corporation shall have power to invest money in real estate or other securities, either for its own account or customers or clients, or to hold the same either in its own name or as agents or trustees for its customers or clients, in this State or any other State or Territory; to purchase and sell such real and personal property as shall be deemed best for its own use or profit, necessary for the collection or security of any debt or claims owing to or in which the company may have an interest either as principal, agent or trustee. The said corporation shall have power to issue debenture bonds in such series and classes and denominations, bearing interest as to it may seem proper, on the following terms and conditions: Before any debenture bonds are offered for sale, said corporation shall elect not less than two trustees; said trustees may be either corporations or individuals, or one of each, which said corporation or individuals so selected shall be of well established character, standing and ability, and may reside or be located in the particular locality where the proposed class or series of bonds are to be offered for sale, and placed in their custody and control; first mortgage or trust deed real estate loans belonging to said corporation to be by said trustees held as a guarantee for the payment by said corporation of the particular class and series of debenture bonds issued against said loans, as hereinafter provided; this fact shall be written or printed, together with the names and residence or location of said trustees conspicuously on said bonds; and the contract between the said corporation and the said trustees shall set forth and distinctly

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state that said first mortgage or trust deed real estate loans are held by said trustees in trust for the purchasers of the said bonds, and when said trustees have been selected, and have entered into a contract with said corporation accepting said trust, and when said corporation has placed in the custody and control of said trustees first mortgage or trust deed real estate loans as aforesaid, the company shall have the right to offer for sale its debenture bonds in such denominations not less than one hundred dollars, ($100), and to run for such time as it may elect, to an amount not exceeding the face value of said first mortgage or trust deed, real estate loans so deposited with and held by said trustees, as security for that particular class and series of debentures, and every series of debentures shall be entirely separate and independent in the matter of securities, and may also be so as to trustees, but no debentures shall be offered for sale, for which a deposit of first mortgage or trust deed real estate loans has not previously been made as hereinbefore provided, and said corporation, whenever it shall produce and surrender any of its debentures of any particular class and series. Shall have the right to call on the trustees of said particular class and series, to re-deliver and surrender a pro rata share of the securities, held for the payment of that particular class and series, and they shall do so, whereupon the corporation shall cancel the debentures so surrendered, and said corporation shall further have the right at any time to withdraw from the custody and control of the trustees, any securities previously placed with them, by substituting for those proposed to be withdrawn others of equal value, and said corporation shall further have the right to receive all interest upon securities held by said trustees so long as the interest on its debentures for which the securities are pledged is promptly paid, but no longer; but should said trustees at any time have reason to believe that the securities held by them are not good, and sufficient for their par value, they shall have a right to call upon said company to make good the deficit or substitute other securities for the objectionable ones, and if this should not be done, the company shall not be entitled to collect and retain any interest upon the securities so held until such request is complied with, or the deficit made good, but shall turn over to said trustees all interest so collected, and should said corporation at any time desire to convey to said trustees any real estate, the title of which is vested in said company, as a part of the securities for its debentures of any particular series, said trustees shall accept the same as security for not exceeding two-thirds of its appraised cash value, and should the issue and sale of debentures by said company at any time be in

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excess of the par value of the first mortgage or trust deed real estate, loans placed with said trustees as a guarantee of that particular class and series, and this excess so continued for a period of ninety days, this shall work as a forfeiture of the charter of said corporation, and it shall be the duty of the Governor of the State to declare the charter forfeited, and require said corporation to at once discontinue business, wind up its affairs and go into liquidation; or should the company make default in the payment of either the principal or interest of any of its debentures, and this default continue for a period of thirty days, then the trustees holding the securities of the class and series of debentures so defaulting, shall at once proceed to collect or sell the securities in their hands, held as security for the same, and at once apply the proceeds to the payment of the defaulted interest or principal as the case may be, and the expenses of this proceeding shall be borne by said corporation. Banking powers and privileges. Loans and mortgages. Real estate investments. Authority to issue bonds. Trustees. Trust deeds to secure bonds. Insufficient security. Forfeiture of charter. SEC. IV. Be it further enacted by the authority aforesaid, That the Board of Directors of said company shall have full power and authority, and the same is hereby given to them, to establish such agencies or branch offices at such place or places as they may deem for the best interest of said corporation, and to prescribe rules and regulations for the government of said agencies or branch offices, and to provide the mode, manner and extent, to which said agencies or branch offices may do business. Agencies or branch offices. SEC. V. Be it further enacted by the authority aforesaid, That the corporate powers of said company shall be vested in and controlled by a Board of Directors of not less than five, with the power to increase the number to not exceeding nine; and the said board shall be elected by a majority vote of the stockholders of said company present, three being one vote for every share of stock standing in the name of the person for whom, or by whom, it is affirmed to be voted on the books of said company, and stock may be voted either in person or by written proxy, and a majority of the stock of said corporation shall be required to constitute a quorum at all stockholders' meetings; and said Board of Directors may be increased at any time by a majority vote of the stockholders, to any number not exceeding nine, and they shall elect from their own number a President, also a Vice-President, if they create such office; and they shall have power to fill any vacancy which may occur, and appoint such officers, clerks and agents as they may deem necessary; fix their compensation or salaries; require bonds of them; define their duties, and remove or discharge them when thought necessary or proper. Said Board of Directors shall also

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have power to make by-laws for the management of the affairs and business of corporation, and do all things necessary for the protection and promotion of the interests of said company; to declare and order dividends out of the net earnings, and to create a proper surplus fund; to provide how and in what manner certificates of stock shall be transferred, and do all other and necessary acts and things for the promotion of the interest and business of said corporation; and the said Board of Directors shall be elected as follows: At the first organization meeting, one-fifth shall be elected for one year, one-fifth for two years, one-fifth for three years, one-fifth for four years, and one-fifth for five years; and at all annual stockholders' meetings thereafter, one fifth of the number of the board shall be elected for five years, so that after the first election every director shall be elected for a period of five years; but in case the number of the Board of Directors shall be increased at any stockholders' meeting, the increased number shall be elected as is herein provided for the election at the first or organization meeting; Provided, the increased number shall be elected, the first for five years, the second for four years, the third for three years, etc., according to the number increased. And at the first organization meeting, the persons, or a majority of them named in the first section of this Act, shall conduct and superintend said meeting and election; one presiding, one acting as Secretary of the meeting, and one or more present as managers and tellers of the election. And previous to said meeting the said named persons or a majority of them shall give each stockholder at least ten days' written notice of the time and place of meeting, and the object for which the meeting is to be held; and the date of all annual stockholders' meetings shall be fixed by the first organization meeting, subject to change by any subsequent annual meeting; and special meetings of the stockholders may be called at any time by vote of the Board of Directors, or the request of one-third in amount of stock of the stockholders to the President of the company; thirty days' notice in one or more newspapers being first given of the time and place of meeting, and all directors shall hold office until their successors are elected. Board of Directors. Their powers. Term of office. Proviso. Annual meetings. Special meetings. SEC. VI. Be it further enacted by the authority aforesaid, That all the assets of said corporation, including unpaid amounts due by stockholders upon their capital stock, shall be liable for the debts of said corporation, and in addition thereto each stockholder shall be liable as surety for the debts of said corporation, ratably, and not one for another, in an amount equal to the amount of stock

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held by him in said corporation, at its par value, at the time of the creation of said debt. Liability of stockholders. SEC. VII. Be it further enacted by the authority aforesaid, That said corporation shall by the first day of August and February after its organization, and of each year thereafter, make up and forward to the Governor of this State, a sworn statement of its condition at the close of business on the last business day of June and December preceding, and this statement shall show the number of first mortgage, or trust deed, real estate loans made and held by it, the aggregate value of the mortgaged or deeded land, the aggregate amount loaned on this security, in whose hands, if any, these mortgages or trust deeds are as trustees, and the aggregate amount of debentures issued against the same, and such other and further information as will tend to show the exact financial condition of said company, and a condensed synopsis of every such report shall be published in one or more newspapers of this State, and this shall be in lieu of all other reports required by the laws of Sthis tate. Semi-annual statements. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws of this State in conflict with, or in derogation of any of the provisions of this Act be, and the same are hereby repealed, so far as this corporation is concerned as fully and completely as though they were specifically set out and mentioned in detail. Approved November 13, 1889. INCORPORATING THE ALBANY LOAN AND INVESTMENT COMPANY. No. 834. An Act to incorporate the Albany Loan and Investment Company; to define its powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That John P. Fort, F. M. Carter, T. N. Wooltolk, N. F. Tift, their associates, successors and assigns, be, and they are hereby constituted and declared a body corporate and politic with perpetual succession under the corporate name and style of Albany Loan and Investment Company, and by said corporate name may contract and be contracted with, sue and be sued, plead and be impleaded, receive, purchase, own, hold and use property of all descriptions, necessary

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and proper for its use as a bank of discount and deposit, and alien, convey, lease and mortgage, and otherwise dispose of 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, corporate seal; make by-laws not inconsistent with the laws of this State or the United States, and do any and 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 banking corporations, and necessary and proper for the transaction of the business for which it is incorporated. Corporators. Name. General powers SEC. II. Be it further enacted, That the place of business of said corporation, shall be the city of Albany, but it may establish branches or agencies at other places in said State, or elsewhere, and delegate to them such powers as may be necessary proper transacting the business of such branches or agencies. Principal office. SEC. III. Be it further enacted, That the capital stock of said corporation shall be twenty-five thousand dollars, divided into two hundred and fifty shares of one hundred dollars each, with the privilege of increasing the capital stock to five hundred thousand dollars or five thousand shares, the increase to be made in the manner prescribed by the by-laws; and the incorporators, or a majority of them, are authorized and empowered to open books of subscription for said stock, which shall be paid in by the subscribers or stockholders in monthly installments and in such sums as may be determined by the Board of Directors, not to be less than two dollars per share, and such payments shall continue until the amounts paid shall be one hundred dollars per share; Provided, any stockholder, with the consent of a majority of the directors, shall have the right to pay the entire amount subscribed for, or due by him at any time, and he may receive such interest on advance payments as the Board of Directors may see fit to allow. Capital stock. Subscriptions payable in installments. Proviso. SEC. IV. Be it further enacted, That as soon as two hundred and fifty shares shall be subscribed for and the sum of ten thousand dollars paid in on said stock, the stockholders shall have the right to organize the corporation under this Act and transact business. At the first, or any subsequent meeting of the stockholders called by a majority of the corporators a Board of Directors of not less than three nor more than seven shall be elected to hold office until their successors are elected and qualified. A majority of the directors shall constitute a quorum for the transaction of business. Authority to organize. SEC. V. 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

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successors, except the first board, which shall serve until their successors are elected and qualified. They 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, agents and clerks as may, in their judgment, be necessary; fix their salaries and define their duties, and remove them wenever 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 proper by said board 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 stockholders at an annual meeting. No stockholder shall be eligible as director who is not the owner, in his own right, of at least five shares of the capital stock of said corporation. Board of Directors. Their powers. SEC. VI. Be it further enacted, That said corporation shall have the first lien upon the stock or shares of each stockholder for any indebtedness that the stockholder may owe or be liable for to the corporation, whether by overdraft, note, acceptance, endorsement, security, or otherwise; but it shall make no loan or discount on the security of the shares of its own capital stock. Liens on stock. SEC. VII. That said corporation shall have the right to do a general banking business; to receive deposits; to make loans and discounts; to loan its own or its depositors' funds; to obtain and procure loans for any person, company, partnership or corporation; to invest its own money or the money of others; to lend and invest money in or upon the security of and by way of mortgage, pledge, deed, or otherwise, on or over any land, hereditaments or real property or interest thereon of any description, situated anywhere; to lend money upon bills of landing or the contents thereof, bills, notes, bonds, choses in action, or any and all negotiable or commercial paper, or any crop or produce whatever, or any stock, bullion, merchandise or effects, and the same to sell or in anywise dipose of, and to charge any rate of interest on all such loans that may be agreed on in writing, not exceeding the rate allowed by law. Banking powers and privileges. SEC. VIII. 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, with such interest, not exceeding the lawful rate, and under such regulations

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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 for investments. SEC. IX. Be it further enacted, That the total liabilities to said bank of any person or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time, nor by any construction or device, exceed one-tenth part of the amount of the capital stock of said bank paid in, but commercial paper, bills of exchange, bills of lading, warehouse receipts and securities convertble in open market, shall not be classed in above liabilities. Limit of liability to bank. 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 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 or subscribed by them. Liability of stockholders. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING THE WHITFIELD BANK OF TUNNEL HILL. No. 836. An Act to incorporate The Whitfield Bank of Tunnel Hill. SECTION I. The General Assembly of the State of Georgia do [Illegible Text], That W. R. Hall, George W. Head, Chas. H. Payne, C. C. Davis and R. D. Curd, and their associates and successors, are hereby constituted a body politic and corporate under the name of The Whitfield Bank of Tunnel Hill, with power, under this name, to sue and be sued; to have and use a common seal, should they so desire, and to make and alter such by-laws as they may deem necessary for the business of said bank, not inconsistent with the

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laws of this State; to borrow and loan money at such rates as may be agreed upon, and may be authorized by the general law of this State, and to do all other things authorized by law, and usual in a general banking and exchange business. Corporators. Name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said bank shall be fifty thousand dollars, divided into shares of one hundred dollars each, and with power to increase the same to one hundred thousand dollars by a vote of a majority of the stockholders of said bank. Capital stock. SEC. III. Be it further enacted by the authority aforesaid, That so soon as twenty-five thousand dollars of the capital stock has been paid in in lawful money of the United States, the stockholders may organize and proceed to transact business under this Act. The corporate powers of said bank shall be exercised by a Board of Directors of five persons to be chosen as herein provided, who shall elect from their number a President. Said directors shall be elected by the majority of all the stockholders at the organization of said bank, and upon the second Wednesday in January in each year thereafter, and each stockholder shall be entitled to one vote for each share of stock held by him; said directors to hold their office until their successors are elected. Said Board of Directors also, shall have power to elect a Cashier and such other officers as may be deemed necessary for effectually carrying on the business of said bank. Organization. Board of Directors. SEC. IV. Be it further enacted by the authority aforesaid, That the minutes of the proceedings of the Board of Directors and stockholders shall be kept in a book prepared for the purpose, shall be signed by the Cashier, and the same shall at all times be subject to the inspection of any stockholder. Minutes SEC. V. Be it further enacted by the authority aforesaid, That the Board of Directors shall have power to call in assessments on subscribed stock in such amounts and manner as they shall prescribe. Stock assessments. SEC. VI. Be it further enacted by the authority aforesaid, That the entire property of said bank, as well as the entire private property of each stockholder therein, shall be liable for the payment of all deposits made with it, and of all debts created and obligations incurred by it in the course of its business at the time such deposits were made or such indebtedness incurred. The franchises and privileges conferred by this Act shall continue in force for the term of twenty-one years from the date of its passage. Liability of stockholders. Term 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 November 13, 1889.

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INCORPORATING THE BANK OF LAFAYETTE, GEORGIA. No. 838. An Act to incorporate the Bank of LaFayette, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. C. Wardlaw, R. N. Dickerson, J. E. Patton, E. L. Culberson, N. G. Warthen, S. M. Warthen, M. K. Home, B. F. Thurman, R. M. W. Glenn and J. W. Cavender, and their associates and successors, are hereby constituted a body corporate and politic under the name of The Bank of LaFayette, 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 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, in satisfaction of any debt due said corporation, or which may have been mortgaged or conveyed to said corporation for money 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 interest 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 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, and to do a general banking business. Corporators. Name. General powers. SEC. II. Be it further enacted, That said corporation may receive on deposit all sums of money which may be offered for the being invested in such sums and on such terms as the by-laws of the corporation shall prescribe, and which shall be repaid to such depositors at such times and with such interest, not exceeding 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 for investment. SEC. III. Be it further enacted, That 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 decree of court, and shall have power to accept by grant or assignment, transfer, devise or bequest, and hold any

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real and personal estate or either, or trust created in accordance with the laws of this State, and to execute such legal trusts 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 in this State, may be deposited with said corporation, bearing such interest as may be agreed upon, and the President and other officers shall in such cases be liable as other persons acting in fiduciary capacity. Trust estates. 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 therefor. Safety deposit. SEC. V. Be it further enacted, That the capital stock of said corporation shall be twenty thousand dollars, divided into two hundred 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 one hundred thousand dollars, upon giving ten days' notice of such intention to increase to all the stockholders of said corporation, stating the amount of such increase. Capital stock. SEC. VI. Be it further enacted, That as soon as there shall be twenty thousand dollars subscribed and actually paid in, the said stockholders may organize and proceed to do business; the powers of said corporation shall be exercised by a Board of Directors, of not less than five nor more than seven, to be chosen as hereinafter provided, who shall elect from among 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 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 a majority of the incorporators herein named, of a meeting at which each stockholder shall have written notice, and annually thereafter, on a day to be appointed by the first meeting of stockholders, and the directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all meetings of the board and to fill 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 a fiduciary capacity; each stockholder shall vote in person or by proxy, under

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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. Authority to organize. Board of Directors. Annual elections. SEC. VII. Be it further enacted, That the principal office shall be located in LaFayette, Walker 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. 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 in addition thereto, to the amount of the capital stock owned by him, her or them. Liability of stockholders. SEC. IX. Be it further enacted, That the liability of no person, firm or corporation shall not exceed ten per cent. of its capital stock; but commercial paper, bills of exchange, bills of lading, warehouse receipts, and securities convertible in open market, shall not be treated as such liabilities. Liability to bank limited. 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 November 13, 1889. AMENDING THE CHARTER OF THE GERMANIA LOAN AND BANKING COMPANY. No. 841. An Act to amend an Act entitled An Act to incorporate the Germania Loan and Banking Company, of Atlanta, Georgia, approved December 27, 1886; to strike out section 3; enact another section in lieu thereof; to add additional sections, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That a board of not less than seven nor more than fifteen 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; the number of directors to be determined by the stockholders. 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

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necessary; fix their compensation, and do and perform such other business as shall be delegated to them by the by-laws of said corporation. Board of Directors. Their powers. SEC. II. Be it further enacted, That the said corporation is hereby authorized to act as agents for the investment of money for persons or corporations; to act as agents for the procurement of loans of money on real or personal security, or otherwise, for any person or corporation; all of said acts to be done for such compensation as may be fixed by law, or agreed upon. Fiscal agents. SEC. III. Be it further enacted, That said corporation may subscribe to, purchase, acquire or lend money upon any notes, bonds, debentures or other securities of any government, state, municipality, corporation, company, partnership or person, and to hold, deal in or sell the same, or to distribute the same among the stockholders; to negotiate or place, in behalf of the corporations, companies, partnerships or persons, all or any of them, shares, stocks, debentures, notes, mortgages, or other securities, without guarantee or collateral obligation by this company; and to sell or subscribe any of the property, real or personal, or any interest acquired therein by it, to any other corporation for any portion of its bonds, securities, obligations, or capital stock, as may be agreed upon, without liability on such stocks so purchased or subscribed for, beyond the agreed terms of said purchase or subscription. Loans and mortgages. SEC. IV. Be it further enacted, That said company, at any time agreed upon by the Board of Directors, may issue (debenture) coupon bonds, in denominations of not less than ten dollars nor more than five thousand dollars, payable at any time fixed upon, and drawing any rate of interest agreed on, not forbidden by the interest laws. And to secure the payment of the same, may transfer to any person, natural or artificial, as trustee, all of its securities, property, effects or franchises, or any part thereof, by way of mortgages, deed, pledge or otherwise. And said company may sell, loan, pledge, hypothecate, or otherwise dispose of said debenture bonds, by the use of agents or otherwise, at any price, and paying its agents any commission its Board of Directors may agree on, for the purpose of obtaining money for use in its general business. Authority to issue bonds. SEC. V. Be it further enacted, That said company shall have the right to act as agent, factor or trustee, for any State, county, town, municipality, corporation or company, or individual, on such terms as to agency and commission as may be agreed on, in registering, selling and countersigning, collecting, acquiring, holding, dealing and disposing of, on account of such State, town, county, municipality, corporation, company or person, bonds, certificate of

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stock, or any description of property, real or personal, or for guaranteeing the payment of such bonds, certificates of stock, etc., and generally for managing such business; and may charge such premiums, commissions, or rate of compensation as may be agreed on in and for any of the matters and things authorized by this charter. May act as agent or trustee for any State or municipality, etc. SEC. VI. Be it further enacted, That said corporation shall have the 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, corporation, company, person or persons; and it shall have the power to accept any grant, assignment, transfer, devise or bequest, and hold any real or personal estate or trust created in accordance with the law of this State, and then to execute the same 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 trustee 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 have power and authority to receive for safe-keeping or deposit all money, bonds, stocks, diamonds and silver plate, and all other valuables, and charge and collect a reasonable compensation for the same; which said charge shall be a lien upon such deposit until paid; and generally to do and carry on the business of a safety deposit and trust company. Trust estates. SEC. VII. Be it further enacted, That said corporation, after one hundred 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, and 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 said 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 as confided to its care as executor, guardian or trustee, agent, assignee or receiver, as aforesaid; Provided, said corporation shall have power to act as administrator of any deceased person's estate on the same terms and conditions as natural persons. But nothing in this Act shall be so construed as to give said corporation the right or power to act as trustee, executor, administrator, guardian or assignee without

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first executing a bond for the faithful performance of said trust, as and in the same manner as is now or may hereafter be required by law of natural persons. Authority to act as guardian or administrator. Proviso. SEC. VIII. Be it further enacted, That the stock held by anyone shall be transferred only on the books of said corporation, either in person or by power of attorney, and no stockholder shall transfer his stock except by consent of the directors of said corporation if he is indebted to the corporation as principal, security, or otherwise, until such indebtedness is paid off and discharged, and for all such indebtedness, said corporation shall have a lien superior to all other lieus upon the stock of said stockholders. Transfer of stock. SEC. IX. Be it further enacted, That this amendment shall become of force as soon as it is adopted by a majority of the stock of the Germania Loan and Banking Company. Goes into effect. SEC. X. Be it further enacted, That section three of the Act incorporating the Germania Loan and Banking Company, approved December 27, 1886, is hereby repealed. Repeals section 3 of charter. SEC. XI. Be it further enacted, That all conflicting laws are hereby repealed. Approved November 13, 1889. INCORPORATING THE FINANCE BANKING COMPANY OF ATLANTA. No. 842. An Act to incorporate the Finance Banking Company of Atlanta, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Jacob Haas, Hoke Smith, John C. Hallman, Peter F. Clarke, George W. Parrot, M. C. Kiser, I. H. Haas, C. W. Hunnicutt, John Cary and H. H. Cabaniss, of said State, their associates and successors, are hereby constituted and declared to be a body corporate and politic, under the name of the Finance Banking Company of Atlanta, Georgia, with power, under this name, to sue and be sued; to have and use a common seal; to make, alter and amend by-laws for its government, not inconsistent with the laws of the United States, or this State. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be two hundred thousand dollars, divided into

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two thousand shares, of one hundred dollars each, with the privilege of increasing the same, by vote of the directors of said company, to five hundred thousand dollars; and the incorporators are hereby authorized and empowered to open books for subscription of 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 on said stock. Provided, that said company shall not be authorized to receive general deposits until the sum of fifty thousand dollars shall have been paid in upon its capital stock. Capital stock. SEC. III. Be it further enacted, That a board of not less than seven, nor more than fifteen directors shall be elected and qualified, the number of directors to be determined by the stockholders. A majority of the Board of Directors shall constitute a quorum for the transaction of business; said Board of Directors shall have the power generally to manage the business of the corporation, elect and appoint all such officers as they may deem necessary, fix their compensation and perform such other things as shall be delegated to them by the by-laws of said corporation. Board of Directors. SEC. IV. Be it further enacted, That said corporation shall have the power to acquire any property, real or personal, in 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 or domestic exchange; to buy and sell, discount, and to 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 therein, if the debtor will so agree; to act as agent for the investments of money for persons or corporations, to act as agents for the procurement of loans of money on real or personal security or otherwise, for any person or corporation. All of said acts to be done for such compensation as is or may be fixed by law or agreed upon. Property rights. Banking powers. SEC. V. And be it further enacted, That said company may purchase, acquire or lend money upon any stocks, shares, notes,

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bonds, debentures, or other securities of any government, State, municipality, corporation, company, partnership or person, and to hold, deal in or sell the same, or to distribute the same among the stockholders; to negotiate or place in behalf of the corporations, companies, partnerships or persons, all or any of them, shares, stocks, debentures, notes, mortgages, or other securities, without guarantee or collateral obligation by this company, and to sell any of the property, real or personal, or any interest acquired therein by it, to any other corporation for any portion of its bonds, securities or obligations as may be agreed upon. Loans and mortgages. SEC. VI. Be it further enacted, That said company shall have the right to act as agent, factor or trustee for any State, county, town, municipality, corporation, company or individual, on such terms as to agency and commission as may be agreed on, in registering, selling and countersigning, collecting, acquiring, holding, dealing and disposing of on account of such State, county, town, municipality, corporation, company or person, bonds, certificates of stock, or any description of property, real or personal, or for guaranteeing the rate of such bonds, certificates of stock, etc., and generally for managing such business, and may charge such premiums, commission or rate of compensation as may be agreed on, in and for any of the matters and things authorized by this charter. Authority to act as fiscal agent, etc. Commissions. SEC. VII. Be it further enacted, That said corporation shall have the 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, corporation, company, person or persons, and it shall have power to accept any grant, assignment, transfer, devise or bequest, and to hold any real or personal estate or trust created in accordance with the law of this State, and then to execute the same 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 assignees, 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 have power and authority to receive for safe keeping or deposit all moneys, bonds, stocks, diamonds and silver plate and other valuables, and charge and collect a reasonable compensation for the same, which said charge shall be a lien on said deposit until paid; and generally to do and carry on the business of a safety deposit and trust company. [Illegible Text] and trust estates. Safety deposit. SEC. VIII. 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

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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 investment or otherwise, said money may be withdrawn 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 if he or she were of full age. Deposits for investments. SEC. IX. Be it further enacted, That said corporation, after one hundred 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 of every kind whatsoever, whether said 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 as confided to its care as executor, guardian or trustee, agent, assignee or receiver, as aforesaid; Provided, said corporation shall have the power to act as administrator of any deceased person's estate, on the same terms and conditions as natural persons; but nothing in this Act shall be so construed as to give said corporation the right or power to act as trustee, executor, administrator, guardian or assignee without first executing a bond for the faithful performance, of said trust as and in the same manner as is now or may hereafter be required by law of natural persons. Authorized to act as guardian or administrator. Proviso. SEC. X. Be it further enacted, That the stock held by any one shall be transferred only on the books of said corporation, either in person or by power of attorney; and no stockholder shall transfer his stock, except by consent of the directors of said corporation, if he is indebted to said corporation as principal, security, or otherwise, until such indebtedness is paid off and discharged; and for all such indebtedness said corporation shall have a lien superior to all other liens upon the stock of said stockholders. Transfer of stock. SEC. XI. 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

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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. 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 November 13, 1889.

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TITLE III. STREET RAILROADS, DUMMY AND ELECTRIC LINES. ACTS. Incorporating the Griffin Street Railroad Company. Authorizing the Board of Trustees of the Lunatic Asylum to grant the Milledgeville and Asylum Dummy Railroad a right-of-way. Incorporating the Richmond County Belt Line Railroad Company. Amending the Charter of the Albany Street Railroad Company. Incorporating the Artesian City Railroad Company. Amending the Charter of the Thomasville Street Railroad Company. Incorporating the Wynnton and Columbus Street Railroad Company. Amending the Charter of Fulton County Street Railroad Company. Incorporating the Thomasville and Suburban Railroad Company. Incorporating the Enterprise Street Railroad Company of Savannah. Incorporating the Valdosta Street Railroad Company. Incorporating the Waycross Street Railway Company. Incorporating the Carrolton Street Railway Company. Incorporating the Street Railroad of Clarkesville. Incorporating the Bainbridge, Lake Douglass and Suburban Street Railroad Company. Amending the Charter of the Rome Street Railroad Company. Incorporating the Athens Railway Company. Amending the Charter of the Augusta and Summerville Railroad Company. Incorporating the Ellijay Street Railway Company. Incorporating the Cartersville Street Railroad Company. Incorporating the Newman Street Railroad Company. Incorporating the Augusta Railway Company. INCORPORATING THE GRIFFIN STREET RAILROAD COMPANY. No. 227. An Act to incorporate the Griffin Street Railroad Company; to define its rights and privileges; to provide for procuring the consent of the city of Griffin to occupy the streets of said city with its tracks, and for other purposes. SECTION I. Be it enacted, That J. G. Rhea, H. C. Burr, B. R. Blakeley, Douglass Glessner, Roswell H. Drake, R. T. Daniel, N.

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B. Drewry, and their associates, assigns and successors be, and they are hereby declared to be a body corporate under the name of the Griffin Street Railroad Company, and in and by that name may sue and be sued, plea and be impleaded; may have a common seal, receive, hold and convey real and personal property that may be necessary to successfully operate and conduct their business. Corporators. Name. SEC. II. Be it further enacted, That, having first obtained the permission of the city of Griffin through its Mayor and Council, said company shall have the power and authority to survey, lay out and construct across and upon any of the streets of the city of Griffin, from time to time, a street railroad or railroads, and shall have the right to propel its cars by horse, steam or motor power. Said company shall have power to grade streets and alleys for the purpose of constructing its railroad or railroads, but in all cases compensation for injury done to the property of any person, natural or artificial, shall be paid before the said company shall be permitted to operate its road or roads at the place or places when such injury is complained of; Provided, that if the municipal authorities allow the said railroad the use of streets so that its track will cross that of any other railroad other than street railroads, such crossing shall not be at grade level, but either above or below the track of the other railroad as may be prescribed by said municipal authorities. General powers. Proviso. SEC. III. Be it further enacted, That if the owner of property and the railroad company shall fail to agree on the amount of compensation to be paid for damage or injuries to property caused by the grading of streets or the erection of the railroad or railroads and running the cars thereon, either party shall give notice for ten days that on a day named the matter of controversy shall be submitted to assessors, to be selected as follows: Each party shall select an assessor, and the assessors so selected shall select a third assessor, and the three assessors so selected hear evidence and decide the amount of damages, if any, to which the property owner is entitled. If either party refuses or fails to select an assessor, then on the day appointed for the meeting of assessors the Ordinary of Spalding county shall select an assessor, and the assessors thus selected shall select a third assessor. The finding of the assessors shall be filed in the Clerk's office of the county of Spalding within ten days after the same is rendered, and if no appeal is entered by either party within five days after the same is so filed in the Clerk's office, the clerk of said court shall enter said finding upon the minutes of the court, and when the same is so entered it shall have all the force and effect of a judgment upon which execution may issue as upon an ordinary judgment at law. If either party is dissatisfied

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with the finding of the assessors, such party may within five days from the time such finding is filed in the Clerk's office, as aforesaid, enter an appeal by complying with laws now of force regulating appeals, and which appeal shall be tried as other appeals are tried; Provided, that nothing herein shall be so construed as to authorize the taking or damaging of any property until just and adequate compensation has first been paid therefor. Compensation for damages to property Assessors. Award. Appeal. Proviso. SEC. IV. Be it further enacted, That said Griffin Street Railroad Company shall have power to issue bonds, or other evidences of debt, and every shareholder shall be bound for the debts of said company to the extent of his unpaid subscription. Such company shall have power to establish such by-laws as may not be inconsistent with this charter, or in conflict with the Constitution and laws of this State. Authority to issue bonds. SEC. V. Be it further enacted, That the capital stock of said company shall be twenty thousand dollars, divided into shares of one hundred dollars each, with the privilege of extending the capital stock to fifty thousand dollars. Said company may organize and begin business when ten per cent. of its capital stock is paid into the acting Treasurer of said company in cash. Capital stock. SEC. VI. Be it further enacted, That said company shall have the power to fix rates of passengers and freights on its line of road or roads, and the said company is authorized to do a general carrying business within the corporate limits of the said city of Griffin. Traffic privileges. SEC. VII. Be it further enacted, That the charter shall be for fifty years, with the privilege of renewal at the end of that time. 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 August 26, 1889. AUTHORIZING THE BOARD OF TRUSTEES OF THE LUNATIC ASYLUM TO GRANT THE MILLEDGEVILLE AND ASYLUM DUMMY RAILROAD A RIGHT-OF-WAY. No. 229. An Act to authorize and impower the Board of Trustees of the Lunatic Asylum to grant the Milledgeville and Asylum Dummy Railroad a right-of-way, depot and other privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Board of Trustees of the State Lunatic Asylum

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be, and they are hereby authorized and empowered to grant a right-of-way, not exceeding thirty feet in width, in and through the lands of the said Lunatic Asylum, together with depot and other terminal facilities; provided, that the said trustees shall require of the said Milledgeville and Asylnm Dummy Railroad, to so operate and manage the running of its locomotives and trains as not to endanger or imperil the personal safety of any inmate, employe or officer of said Asylum, or the property of said Asylum. Right-of-way granted. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all the actings and doings, agreements and contracts of said Board of Trustees with the said Milledgeville and Asylum Dummy Railroad in and about the aforesaid right-of-way, depot and terminal facilities be, and the same are hereby ratified and confirmed. Agreements and contracts confirmed. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 28, 1889. INCORPORATING THE RICHMOND COUNTY BELT LINE RAILWAY COMPANY. No. 251. An Act to incorporate the Richmond County Belt Line Railway Company, and to define and confer 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 Charles A. Robbe, Thomas Murray, James W. Jackson, Peter G. Burnur and Eugene J. O'Connor, and their associates, successors and assigns be, and they are hereby incorporated under the name and style of the Richmond County Belt Line Railway Company, with continual succession as a corporation, and by that name to sue and be sued; to plead and be impleaded in the courts of law and equity in this State; to have and use a corporate seal, and alter or destroy the same at pleasure; to make, alter or repeal any by-laws for the government of said corporation, not repugnant to the laws of this State or the United States; to acquire by gift, grant, lease, or purchase any property, real, personal or mixed, and to 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,

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for successfully carrying the objects of this Act into full force and effect. Corporators. Name. General 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 from time to time to any sum not exceeding two hundred thousand dollars, divided into shares of twenty-five dollars each, and the stockholders of said corporation shall not be bound in their private capacity to any creditor of said corporation, only for the amount of stock subscribed by him or them, until said subscription is fully paid up, or until the stockholder shall have paid out of his private property debts of said corporation to an amount equal to his unpaid subscription, but in no event shall any liability attach to any stockholder for the debts of said corporation beyond his actual subscription, or the actual number of shares of stock owned by him at the date said debt was contracted. Capital stock. Liability of stockholders. SEC. III. Be it further enacted, That in all meetings of said corporation, each share of stock shall entitle the holder thereof to one vote, either in person or by proxy; that 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. Transfer of stock. SEC. IV. 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, and the incorporators named, or a majority of them, shall have a right to open books of subscription to said capital stock, at such place 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, if said directors see proper to accept any other thing of value in lieu of said money. Provisional Directors. Books of subscription. SEC. V. Be it further enacted, That said corporation shall be entitled to commence operations, and exercise and enjoy all rights, powers and 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. Authority to commence business. SEC. VI. Be it further enacted, That at the first meeting of said subscribers of 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 eleven, shall be selected from among 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

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shall also have power to select and appoint any and all such other officers, agents and employes of said company as they may deem best, or they may delegate the power to others so to do, 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 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 for the transaction of business, 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 full power to fill any vacancy in the board until the meeting of the stockholders held next thereafter, and until said directors are elected as aforesaid the incorporators named herein, or a majority of them, shall exercise all the powers of said directors. Board of Directors. Their powers. Annual meetings. Vacancies. SEC. VII. Be it further enacted by the authority aforesaid, That said company shall have full power and authority to survey, lay out, locate, build, construct, equip and operate a main line of railroad, and branches therefrom, beginning on any street within the city of Augusta, in the county of Richmond, and State of Georgia, to and points said company may deem fit within said county of Richmond, as well as to any points within the city of Augusta, over any of the streets in said city not occupied by any other street railroad company, and over any unoccupied portion of any of the streets in said city occupied by any other street railroad company, with the consent of the city authorities. And said company shall have the power to cross any county road or railroad, or railroad track, or right-of-way of any railroad on its line at the grade level of said county road, railroad, railroad track, or right-of-way, and said corporation shall have all the powers, facilities, franchises and rights necessary to accomplish and maintain the objects of its incorporation; and it shall have all the privileges in and over all water courses that lie in and across the line of said road that may be necessary for the purposes aforesaid; and it shall also have the powers and privileges of constructing its track of sufficient width through and over all the public roads of said county of Richmond; it may purchase, condemn and construct right-of-way not exceeding fifty feet in

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width, and terminal facilities and real estate along the line as may be necessary or proper, either for its immediate use or to aid in accomplishing its construction; and in all cases in which any controversy may arise between the owners of such lands or water privileges as to the right-of-way or damages to said land or water privileges that may accrue by reason of the location of said road, it shall be lawful for either party to apply to the Sheriff of said county, who shall summons a jury of five freeholders, who, after being sworn, shall take into consideration the differences of the owner of the land or water privileges and the company, or its Board of Directors, and award in writing the amount of damages, if any, to be paid by said company, either party having the right of appeal within four days to the Superior Court of said county; and in awarding damages in such cases it shall be proper for said jury to consider the benefits flowing from said railroad to said owners of said land or water courses; Provided, that no property shall be damaged or taken by said railroad or condemned for the use of said railroad without just and adequate compensation being first paid. And it shall have power to issue stock, borrow money, and issue bonds at such time and on such terms as it may deem best; and shall have full power and authority to secure the payment of any money borrowed by mortgage or mortgages, or deed of trust upon any and 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; Provided, that land shall be condemned only for the purpose of constructing said railroad, and that no street shall be taken without the consent of the city authorities, and no public road shall be taken without the consent of the county authorities. Survey. Route. Right-of-way. Disputed right of-way. Appeal. Proviso. Proviso. SEC. VIII. Be it further enacted, That said company shall have the power to employ either steam or horse power in the operation of said road, or any other motive power in the discretion of said company. Motive power. SEC. IX. Be it further enacted, That said company shall have the right to lay and contruct its tracks, and run its cars along, upon and across any of the streets or public highways within the corporate limits of the village of Summerville, in the county of Richmond; provided, the consent of the authorities of said village shall first be obtained thereto. Authority to run along or across streets and public highways. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1889.

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AMENDING THE CHARTER OF THE ALBANY STREET RAILROAD COMPANY. No. 252. An Act to amend an Act, entitled an Act to incorporate the Albany Street Railroad Company, and for other purposes connected therewith, approved October 22, 1887. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the word corporation in the last line of the third section of said Act be changed to corporators so that said last line of said section shall read, said corporators shall be determined and terminate. Amends original charter. SEC. II. Be it further enacted, That the word and be stricken after the word passengers and the words and freight be added after the word baggage at the end of section 4 of said Act, so as to make the closing part of said section read, for the conveyance of passengers, baggage and freight. Authority to carry freight. SEC. III. Be it further enacted, That section 5 of said Act, approved October 22, 1887, be amended as follows: The word through on the 8th line be stricken and the word on be inserted in its place; also strike out the word two from the 9th line and the word five be inserted in its place, and the section as amended shall read as follows: If said company shall not build and operate its road on one of the streets of said city within five years from the date of the passage of this Act, this charter shall become null and of no effect. Forfeiture 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 September 2, 1889. INCORPORATING THE ARTESIAN CITY RAILROAD COMPANY. No. 253. An Act to incorporate the Artesian City Railroad Company. SECTION I. Be it enacted by the General Assembly of Georgia, That Nelson Tift and his associates and their successors and assigns

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are hereby constituted a body corporate by the name of the Artesian City Railroad Company, with like rights, powers and privileges as are conferred on the Albany Street Railroad Company. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said corporation shall be divided into shares of ten dollars each, subscribers to be liable for the amount of their subscription only, and shall not exceed the sum of one hundred thousand dollars. When twenty thousand dollars shall be subscribed and ten per cent. thereof paid, the subscribers may organize by the election of not less than three directors to be elected by the stockholders, each share to be entitled to one vote, who shall hold their offices for one year and until their successors are elected and qualified. The said directors shall have authority to borrow money by mortgage or otherwise, buy and sell or lease property, and to adopt such by-laws as they may deem best for the election of officers and servants and for the management and government of all the affairs of the corporation not inconsistent with the Constitution and laws of Georgia. Capital stock. Authority to organize. SEC. III. Be it further enacted, That the said company shall have authority, with the consent of the municipal authorities of the city of Albany, to construct, equip and use street railroads in the said city, to be operated with such motive power as they may deem best; and, with the consent of the board of commissioners of Dougherty county, to extend such roads beyond the city of Albany to any part or parts of Dougherty county. The company shall be organized and the road commenced within two years from the approval of this Act, else the rights, grants and privileges herein conferred shall be null and void. General powers. Forefiture 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 September 2, 1889. AMENDING THE CHARTER OF THE THOMASVILLE STREET RAILROAD COMPANY. No. 314. An Act to amend an Act to incorporate the Thomasville Street Railway Company, approved December 26, 1888. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section

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9 of an Act to incorporate the Thomasville Street Railway Company, and to define its rights, powers and privileges, and for other purposes, be amended by striking out, in the second and third lines, the words ten thousand, and inserting in lieu thereof $2,500. Amends section 9 of charter. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889. INCORPORATING THE WYNNTON AND COLUMBUS STREET RAILROAD COMPANY. No. 334. An Act to incorporate the Wynnton and Columbus Street Railroad Company, and 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 James L. Willis, A. W. Shepphered, Joseph W. Huff and W. A. Little, of Muscogee county, and William E. Young, of the State of New York, and their associates, and such persons as may subscribe to the capital stock of said railroad company, be, and they are hereby, incorporated as a body politic and corporate under the name and style of the Wynnton and Columbus Street Railroad Company. Corporators. Name. SEC. II. Be it further enacted by the authority aforesaid, That said company be, and they are hereby, authorized and empowered to lay out, construct, maintain and operate a railroad, commencing at any place or point in the village of Wynuton, in Muscogee county, Georgia, to and into the city of Columbus, as may be selected by them, and through and into such streets of the city of Columbus as they may desire, subject only to the consent of the corporate authorities of the city of Columbus, by such power, whether steam, electric or animal, as will best serve their purpose for the transportation of freight and passengers thereon, for which they shall be authorized to charge and collect reasonable rates of carriage; Provided, that the line from Wynnton be extended through Tenth (10th) street to Broad street, if the authorities of the city of Columbus will so allow; but if they will not permit the same to be done, then the line may be built to Broad street

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through to any other street that said Mayor and Council may permit, without any of the restrictions herein made applying to such extension to Broad street; Provided further, that this company shall lay down and operate no line which shall run parallel to any line of street railroad track existing in said city on the first day of July, 1889, at a nearer distance than two blocksthat is, one street intervening. Nor shall any existing street railroad company parallel the line of track hereafter laid down by this company, at a nearer distance than two blocksthat is, one street intervening. But nothing in this Act shall be so construed as to prevent this company from laying down its track at a right angle with the track of any other street railroad or other railroad, nor of crossing such track with their own track. General powers. Proviso. Proviso. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, by a vote of a majority of the Board of Directors, which shall be divided into shares of one hundred dollars each, and subscriptions to said stock may be received in money, promissory notes, land or work, on such terms and conditions as may be prescribed by the Board of Directors, and for each share of stock subscribed and paid a certificate of stock shall issue to such subscriber, which shall be transferable on the books of the company in such a way as the directors or the by-laws of the company may authorize. The said company may commence work whenever ten thousand dollars shall have been subscribed and paid. Capital stock. Transfer of stock. SEC. IV. Be it further enacted by the authority aforesaid, That the said company shall be, and they are hereby authorized and empowered to lay down their track, and construct the same along, and over and through any public highway, provided it be done in such manner as not to obstruct free and safe passage on such highway, and may enter on the land of any person and corporation, and may take so much thereof as may be necessary to have a free, safe and unobstructed passage and highway over said land, provided such entry shall be made by consent of the owner, or in case of any disagreement between the company and the owner of any land over which the company desires to pass, or if the land owner fails or refuses to give his consent, or is laboring under some disability which will prevent his consent, then it shall be lawful for the owner to select an appraiser, and the company one, and these two the third, and after being sworn according to law, these three, or a majority of them, shall in writing assess the damages to be paid, and return their assessment to the Clerk of the Superior Court of Muscogee

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county, who shall, after four days from the filing of the assessment, issue an execution for the amount assessed, with the cost of the proceeding, and provided, that either party may, within four days from the filing of the assessment, enter an appeal to the Superior Court, according to the laws now existing for entering an appeal to that court, and which appeal shall be tried in the Superior Court as other appeal cases are tried, and subject to the same rules and regulations. The effect of entering an appeal shall be to suspend executions, but in the event the company shall deposit with the Clerk for the use of the land owner the amount named in the assessment, and give bond and security to pay the land owner such judgment as may be rendered on the appeal, then the company may prosecute the work and construct the railroad on the land in question. If any land owner who does not consent to an entry on his land shall fail, on notification by the company to appoint an appraiser, or if any land owner is for any cause under such a disability as would render his consent void or voidable, then the Ordinary shall appoint a disinterested citizen of the county of Muscogee as an appraiser for such land owner, and the proceedings shall be the same. Right-of-way. Proviso. Appraisers Appeal. SEC. V. Be it further enacted by authority aforesaid, That the right to condemn land for use by said railroad company, shall extend to land necessary for their reasonable right-of-way, to procure by purchase, material for the construction and maintenance of the railroad and for the use of side tracks, stations, depots, crossings, and shops, as may be convenient and necessary for the operation of the road, and their right to condemn land, shall extend to, and embrace the right-of-way of other railroad companies, corporations and persons. Condemned right-of-way. SEC. VI. Be it further enacted by the authority aforesaid, That such corporations shall have ths power to borrow money; to make and issue bonds, bearing such a rate of interest not exceeding seven per cent., payable at such a time and place, and in such amounts as it may deem expedient; to sell and dispose of such bonds; to secure payment of the same by mortgages and deeds of trust, to its railroad and all the company's property and franchises. Authority to issue bonds. SEC. VII. Be it further enacted by 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, That such railroad company shall have the power and authority to cross its track over and upon any other railroad track which may be on the route selected, but such crossings shall be made in such manner as not to interrupt

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and inconvenience the operation of the railroad to be crossed, in the least manner, and shall be at the expense of the company. Crossing other railroad tracks SEC. IX. Be it further enacted by the authority aforesaid, That in addition to the powers incident to corporations, under the law of this State, this company shall have the right to own lands, acquired by settlement of indebtedness to said company, or by subscription to the stock thereof, buy for use for railroad purposes, and sell and mortgage the same; to make contracts and borrow money, and generally to do and perform all acts which are not inconsistent with the law of this State, and which they may deem necessary, proper, useful or expedient in carrying out the objects of this Act; to elect a Board of Directors, and fix by themselves, or the board, the terms of such officers, their salaries and their duties, and make by-laws; to sue and be sued; to have a seal and use the same, and to do such other acts as are necessary and proper. General powers. SEC. X. Be it further enacted by the authority aforesiad, That the Board of Directors shall be five in number, who shall be elected for one year and until their successors are elected. There shall be a President and such other officers as they deem necessary, elected by the board, and said Board of Directors shall have control and direction of the affairs and business of the company, under such rules, regulations and by-laws as the board may prescribe. Board of Directors. SEC. XI. Be it further enacted by the authority aforesaid, That each and every stockholder shall be held liable for the debts of said corporation to the extent of his unpaid subscription to the capital stock of the company, and for no greater amount. Liability of stockholders. SEC. XII. Be it further enacted by the authority aforesaid, That the rights, powers and franchises granted by this Act shall not be sold, assigned, or transferred, nor shall the railroad created by this Act be consolidated with any other railroad company until at least one-half of a mile of its road has been built, ironed, and is ready for rolling stock; and unless at least one-half of a mile of its road has been built, equipped, and is in running order within five years from the passage of this Act, then, and in that case this Act shall lapse, and the rights, powers, and franchises conveyed by it shall cease and become null and void. Forfeiture of charter. SEC. XIII. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889.

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AMENDING THE CHARTER OF THE FULTON COUNTY STREET RAILROAD COMPANY. No. 353. An Act to incorporate the Fulton County Street Railroad Company, and to define its rights, powers and privileges, and for other purposes, approved September 17, 1883, as amended by the Act of October 24, 1887, so as to authorize said company to extend its road into the counties of DeKalb and Cobb, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled An Act to incorporate the Fulton County Street Railroad Company, and to define its rights, powers and privileges, and for other purposes, approved September 17, 1883, as amended by the Act of October 24, 1887, entitled An Act to amend an Act to incorporate the Fulton County Street Railroad Company, and to define its rights, powers and privileges, and for other purposes, approved September 17, 1883, so as to authorize said company to use steam or any other motive power for drawing its cars, now anywhere used or known, or that may hereafter be discovered or utilized, and for other purposes, be, and the same is hereby, amended by inserting after the word Fulton, in the fourth line of Section IV of said original Act the following words, to-wit: And also in the counties of DeKalb and Cobb; and by striking from the twelfth and thirteenth lines of said section the words of the county of Fulton, and inserting in their place the following words, to-wit: The lines so built shall each and all be operated daily, and a failure so to operate them shall be cause for forfeiture of the charter, so that said section, as amended, shall be as follows: Sec. IV. Be it further enacted, That said corporation shall also have power and authority, from time to time, to survey, lay out, construct, equip, use and enjoy such other routes or lines of street railroad in the city of Atlanta, and in the county of Fulton, and also in the counties of DeKalb and Cobb, in addition to those especially named in this Act, and to extend any or all of those named, and build branches thereto, whenever it deems it to its interest so to do; Provided, that before said corporation commences to construct any part of such line or lines or routes, it shall obtain, if such construction is to be within the corporate limits of the city of Atlanta, the consent of the proper authorities of said city, and if such construction is to be without the city limites, it

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shall obtain the consent of the proper county authorities; the lines so built shall each and all be operated daily, and a failure so to operate them shall be cause for forfeiture of this charter. Whenever said contemplated street railroad shall desire to pass over the lands of another, and said street railroad company and the owner of said land fail to agree as to the compensation for such right-of-way over such lands, said owners shall have the right to select one arbitrator, and the said company shall have the right to select an arbitrator, and a third arbitrator shall be chosen by them as umpire, whose proceedings and powers shall be the same as allowed and authorized by the Code of 1882 in other cases submitted to arbitration. Amends original charter. May extend its line to DeKalb and Cobb counties. Proviso. Must be operated daily. Disputed right-of-way. SEC. II. Be it further enacted, That said Act be further amended by substituting a comma for a period at the end of section seven and adding to said section the following words: And that the organization of said company, as made, be, and the same is hereby ratified and confirmed, so that said section, as amended, shall be as follows: Sec. 7. Be it further enacted, That this charter shall be and continue of force for the term of fifty years with the privilege of renewal at the end of said time, and that the organization of said company, as made, be, and the same is hereby ratified and confirmed. Amends section 7. Term of charter. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889. INCORPORATING THE THOMASVILLE AND SUBURBAN RAILROAD COMPANY. No. 354. An Act to incorporate the Thomasville and Suburban Railroad Company, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That A. P. Wright, S. L. Hayes, M. R. Mallette, W. H. Mitchell, J. B. Everett, K. T. McLean, James F. Evans, James T. Culpepper, J. Wyman Jones, R. B. Mardre, W. B. Hamilton, H. H. Sanford and W. R. MacIntyre, and their associates, successors

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and assigns, be, and they are hereby, incorporated and made a body politic and corporate, under the name and style of the Thomasville and Suburban Railroad Company. Corporators. Name. SEC. II. Be it further enacted, That before said corporation shall begin its work upon any of its lines of railroad in the city of Thomasville, it shall first obtain the assent of the corporate authorities of said city to the same, and before it shall begin its work on any of the public roads in the county, it shall first obtain the assent of the authorities therein, having charge of roads respectively. Must obtain consent of city authorities before commencing work. SEC. III. Be it further enacted, That said corporation shall have full power and authority to survey, lay out, construct, and equip, use and enjoy lines or routes of street railroad in the city of Thomasville, in the county of Thomas, as follows, to-wit: Lines and routes running to and from such points as it may desire, on and over any streets in the city of Thomasville that it may desire, and that may be designated by the city authorities, and have authority to build a belt road around the said city of Thomasville, in said county of Thomas. Route. SEC. IV. Be it further enacted, That said corporation shall also have power and authority, from time to time, to survey, lay out, construct, equip, use and enjoy such other routes or lines of railroad in the city of Thomasville, and in the counties of Thomas, Colquitt and Brooks, as it may desire, and build branches thereto whenever it deems it to its interest to do so; Provided, that before said corporation commences to construct any part of such line or lines, or routes, it shall obtain, if such construction is to be within the corporate limits of the city of Thomasville, the consent of the proper authorities of said city. Whenever said contemplated railroad shall desire to pass over the lands of another, and said railroad company and the owner of said land fail to agree as to the compensation for such right-of-way over such lands, said owner shall have the right to select one arbitrator, and the said company shall have the right to select an arbitrator, and a third arbitrator shall be chosen as umpire, whose proceedings and powers shall be the same as allowed and authorized by the Code of 1882 in other cases submitted to arbitration. Branch roads. Proviso. Disputed right-of-way. SEC. V. Be it further enacted, That this corporation is hereby granted all the rights, powers, franchises and privileges heretofore granted to the Metropolitan Street Railroad Company in sections two (2), five (5), six (6), eight (8) and nine (9) of an Act entitled An Act to incorporate the Metropolitan Street Railroad Company, and to define its rights, powers and privileges, and for other purposes, approved December 12, 1882; and said sections two,

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five, six, eight and nine are hereby made a part of this charter of the Thomasville and Suburban Railroad Company. General powers and privileges. SEC. VI. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, divided into shares of one hundred dollars each. Said capital stock may be increased from time to time to any sum not exceeding three million dollars; Provided, said increase be authorized in each instance by a direct vote of a majority of all the stock of the company at an annual meeting or at a meeting called for that purpose. But said corporation may organize and commence business whenever the sum of seven thousand dollars is subscribed, and this charter to remain of force for and during the period of thirty years. Capital stock. Proviso as to increase of stock. SEC. VII. Be it further enacted, That the said corporation shall have the right to use in the running of its trains animal, steam, electric and all other mechanical powers now known or hereafter discovered. Motive power. SEC. VIII. Be it further enacted, That the incorporators herein named shall constitute a Board of Directors who shall hold their office until their successors are elected and qualified. Provisional Directors. SEC. IX. Be it further enacted, That the rights, powers and privileges herein granted shall cease and be of no effect unless one mile of the road is built and in running order within twenty years from the granting of this charter, and this charter shall not be transferred until at least five miles of said road is completed and ready for rolling stock. Forfeiture of charter. SEC. X. Be it further enacted, That said corporation shall have the right to cross other railroads upon the terms prescribed in the proviso to the fifth paragraph of section 1689 (i) of the Code of Georgia of 1882, which proviso is hereby made a part of this Act; the damages for each crossing to be assessed as set forth and prescribed in section 1689 (l) of the Code of 1882. Right to cross other roads. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889.

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INCORPORATING THE ENTERPRISE STREET RAILROAD COMPANY OF SAVANNAH. No. 385. An Act to incorporate the Enterprise Street Railroad Company of Savannah, Georgia, and to authorize the construction of a Street Railway in the city of Savannah, through or upon Bay, Bull, Harris, Liberty, Bryan, Barnard, St. Julian, South Broad, East Broad, West Broad, Gwinnett, Henry, Anderson, Seventh, Price, Ninth, President, Indian, Fahm, River and William streets, or such of them as the Mayor and Aldermen, of the city of Savannah may designate, and to confer certain rights, powers and privileges incident to said company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That E. F. Bryan, Marmaduke Hamilton, Tomlinson F. Johnson, William B. Stillwell, Alexander McC. Duncan, Daniel G. Purse and John C. Rowland, of the city of Savannah, Georgia, together with such other persons as may be associated with them under this Act, their successors and assigns, be, and they are hereby declared and constituted a body corporate and politic, under the name and style of The Enterprise Street Railroad Company and by that name, they, and their successors and assigns, shall and may continue such a body corporate and politic, and as such, may sue and be sued, plead and be impleaded, make by-laws, rules and regulations for the government of said corporation, not inconsistent with the laws of this State or of the United States, and may do all lawful acts incident to a corporation, and necessary or proper for the transaction of the business for which it is incorporated; may determine as to the number of its directors, the time and mode of electing them; may have a common seal; may purchase, accept, hold, enjoy and convey any property, real or personal, or mixed, all rights, powers or privileges that may be necessary or convenient, for the purpose herein set forth, and may borrow money, and issue bonds or other obligations therefor, and secure same by mortgage, trust deed, or otherwise, on all, or any part of the property and franchises of said corporation. Corporators. Name. General powers SEC. II. Be it further enacted, That said company shall have, the consent of the Mayor and Aldermen of the city of Savannah being first obtained, the power and authority to construct, equip, use and operate, by horse power, or such other power or means as the Mayor

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and Aldermen of the city of Savannah may consent to, a street railroad in the said city of Savannah, through or upon the streets named in the title of this Act, or such of them as the Mayor and Aldermen of the city of Savannah may consent to. Route. SEC. III. Be it further enacted, That the capital stock of said company shall be one hundred thousand ($100,000) dollars, which may be increased to five hundred thousand dollars, should the business of the company warrant it; and the said company shall be authorized to begin the construction of its road, the consent of the municipal authorities being obtained, as soon as ten thousand ($10,000) dollars of its stock have been subscribed. The said stock shall be divided into shares of one hundred dollars each, and be paid for, issued and transferable in such manner and upon such conditions as the Board of Directors of said company shall determine, each share being entitled to a vote at such time and in such manner as the said company shall be its by-laws prescribe. Capital stock. SEC. IV. Be it further enacted, That said corporation shall have power and authority to connect, within the corporate limits, with any railway now constructed, or that may be hereafter built, in said city of Savannah, or county of Chatham, and to lease the said railway, with its appurtenances, privileges and franchises, to any other corporation or company; and to sell the said railway, with its franchises, privileges and appurtenances, and the lessee or purchaser shall have the right to exercise, use and enjoy all the rights, powers and privileges of the said corporation; Provided, that nothing herein contained shall be construed to give said corporation the right to connect with other railroads within the corporate limits of the city of Savannah, without the consent of the Mayor and Aldermen of said city; and provided further, that the power of lease or sale granted in this section shall not be operative until one mile of the railroad has been built, and is ready for rolling stock. Authority to connect with other roads. Proviso. SEC. V. Be it further enacted, That the consent of the municipal authorities of the city of Savannah, required by this Act, for the use of any street, way or route within the corporate limits of said city, may be signified by a resolution passed in the council; Provided, that the said company shall first cause to be published in the official gazette of said city, once a week for four weeks before the meeting of council passing such resolution, a notice setting forth clearly and specifically the streets, ways or routes within the said corporate limits that the said company seeks to use. After the said permission, work shall be begun by the said company within six months from the granting of the same, and shall be completed within two years from the said permission; and on failure to comply

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with this requirement, the right to occupy with a railroad the street or streets, for which permission has been given, shall lapse; and in case there is not constructed and in operation at least one mile of said street railroad within five years from the passage of this Act, then and in that case the charter shall lapse and become void. Consent of municipal authorities of Savannah required. Forfeiture of charter. SEC. VI. Be it further enacted, That the said railroad company shall enjoy all the rights, powers and privileges conferred by this Act for the term of fifty years, subject to the visitorial and legislative control, reserved by the Constitution and laws of this State over corporations, and shall be subject to all ordinances of the city of Savannah that now exist, or may hereafter be enacted regulating the laying down, construction and operation of carriage railways in the city of Savannah, and the improvement of the streets which may be used by the said company. Term 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 October 16, 1889. INCORPORATING THE VALDOSTA STREET RAILROAD COMPANY. No. 473. An Act to incorporate the Valdosta Street Railroad Company, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, N. E. Fry, W. T. Lane, W. L. Thomas, B. W. Bentley, D. C. Ashley, Louis Strickland, B. P. Jones, W. N. Harrell, J. T. Roberts, T. G. Cranford, N. B. Lane, B. F. Strickland, J. O. Varnadoe, S. B. Godwin, J. R. Slater, B. F. Whittington, J. F. Lewis, A. Converse, Jr., Frank Roberts, R. A. Peeples, C. H. Paine and W. P. Renfroe, and such others as they may hereafter associate with themselves, be, and they are hereby, incorporated and made a body corporate and politic under the name and style of the Valdosta Street Railroad Company. Corporators. Name. SEC. II. Be it further enacted by the authority aforesaid, That said corporation, by said name, shall have continuous succession, and

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shall be able to sue and be sued, to plead and be impleaded, and may have and use a common seal, aud may alter and renew the same at pleasure; and may make, alter and repeal such laws governing its own members, officers, attorneys, agents, employes, and persons dealing or having business with it, as said corporation may deem proper; Provided, said by-laws are not in conflict with existing laws; and it may make contracts, borrow money, issue bonds, notes and other evidences of debt, and secure the same by such mortgages or deeds of trust as it may deem proper in the legitimate business of said street railway; and it may acquire, purchase, receive and hold such property, real and personal, as it deems best and most profitable to its purpose, and it may dispose of any part thereof at pleasure; and it shall have all the powers, facilities, rights and franchises necessary or proper to successfully conduct the business of a common carrier, and to fix rates and charge for carriage of persons or property, and to collect the same. General powers. Proviso. Traffic privileges. SEC. III. Be it further enacted by the authority aforesaid, That said company shall have power and authority to survey, lay out, construct, equip, use and employ street railroads in the city of Valdosta and county of Lowndes, upon such terms and conditions as may be prescribed by 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 lighting the said city or supplying it with water. Right-of-way granted. Proviso. SEC. IV. Be it enacted by the authority aforesaid, That the capital stock of said company shall be ten thousand dollars ($10,000) with the right and privilege on the part of said company, whenever the stockholders shall so decide, to make it fifty thousand dollars, ($50,000) which shall be divided into shares of one hundred dollars ($100) each, and the same to be subscribed to and made subject to such calls and times of payment as a majority of said directors, hereinafter provided for, shall designate, but said company may organize and commence business whenever the sum of five thousand dollars ($5,000) has been subscribed and paid in. Capital stock. Authority to begin work. SEC. V. Be it further enacted by the authority aforesaid, That the officers of said company shall be a President, Secretary, Treasurer, a board of seven directors, and such other officers or agents as said company may desire to elect or employ. Officers SEC. VI. Be it enacted by the authority aforesaid, That said company shall not use or employ any steam engine upon their road

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without the consent of the municipal authorities of the city of Valdosta. Motive power. SEC. VII. Be it enacted by the authority aforesaid, That the track of any road or roads which the said company may lay in any of the streets of the city of Valdosta shall be so laid as not to prevent drays, carriages or other vehicles from crossing the same. Track. SEC. VIII. Be it further enacted by the authority aforesaid, That the charter of said company shall continue in force for thirty years; Provided, that nothing in this charter shall be construed to empower said corporation to take or damage any private property until just and adequate compensation be first paid; Provided further, unless one-half mile of the said street railway be built, equipped and in running order within two years of the final passage of this Act that this charter shall lapse and be void. Term of charter. Forfeiture. 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 October 26, 1889. INCORPORATING THE WAYCROSS STREET RAILWAY COMPANY. No. 488. An Act to incorporate the Waycross Street Railway Company, and to define its powers. WHEREAS, J. S. Sharp, Warren Lott and Simon W. Hitch have applied to the General Assembly of Georgia for a charter incorporating themselves, their successors and associates, under the name of The Waycross Street Railroad Company, with power to construct, maintain and operate a railway upon and along the hereinafter mentioned streets of the city of Waycross, in the county of Ware, and with the other powers usually incident to such corporations; and, Preamble. WHEREAS, It appears that the Mayor and City Council of the said city of Waycross have assented to the grant of such powers: SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the said J. S. Sharp, Warren Lott and Simon W. Hitch, and all other persons who shall be, or become, stockholders in the company hereby incorporated,

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shall be a body corporate by the name and style of The Waycross Street Railway Company, and by that name shall have perpetual succession, and sue and be sued, and shall have and use a common seal. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of the said company shall consist of two hundred and fifty (250) shares, of the value of twenty dollars each, amounting in the aggregate to five thousand dollars, with the privilege of increasing the same at a meeting of the stockholders, to be specially called for that purpose, to any amount not exceeding one hundred thousand dollars; and the incorporators, or a majority of them named in this Act, shall have the right to open books for the subscription to the capital stock at such times and places as they may deem expedient; and when not less than one hundred and twenty-five shares have been subscribed, and when ten per centum of the stock subscribed has been paid in the stockholders may elect five or more directors, (not exceeding thirteen), to serve until the ensuing annual election or until their successors have been duly elected and qualified; and the directors of said company so elected, when it may have organized, may, and they are hereby authorized and empowered, to have and to exercise in the name and in behalf of the company all rights and privileges that are intended to be hereby given; and should the capital stock be at any time increased, the stockholders at the time of such increase shall be entitled to a pro rata share of said increase upon the payment of the par value of the same. Capital Stock. Authority to organise SEC. III. And be it enacted, That the directors shall be elected annually by the stockholders on the first Monday in November, and shall hold their office until their successors are duly elected and qualified; and if, at any time, it shall happen that an election of directors shall not be made on the day designated, the corporation shall not, on that account, be dissolved, but it shall be lawful on any other day to hold an election in such manner as the by-laws of the company may provide. At all such elections and at all meetings of the stockholders each share of stock shall be entitled to one vote. Board of Directors elected annually. SEC. IV. And be it enacted, That the directors of said company shall have power from their number to elect a President and to appoint such other officers, agents and servants as the business of the company may require; to allow them a suitable compensation, require security for the faithful discharge of their duties, and to regulate the terms of office; to make by-laws, not inconsistent with the law, for the management of the property and regulations of the affairs of the company, and for the transfer of its stock; for the payment

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of subscriptions to the stock; for the forfeiture of stock not paid for, and for the disposition of the proceeds thereof; for the calling of regular, special and general meetings of the directors and of the stockholders of the company and fixing the place or places where the same may be held, and to provide for all other matters which may be regulated by by-laws, and from time to time to repeal, annual or re-enact the same; and to declare such dividends of profits of the said company as they may deem proper; Provided, that no dividend shall be declared when the capital stock would be impaired thereby. Their powers. Proviso. SEC. V. And be it enacted, That all the stockholders of the said corporation shall be severally and individually liable to the creditors of the said corporation to an amount equal to the amount of their unpaid subscription to the stock respectively; but no stockholder shall be individually liable to the creditors of said company beyond the amount of his or her unpaid subscription to the capital stock. Liability of stockholders. SEC. VI. And be it further enacted, That the said company be, and it is hereby, authorized and empowered, subject to such conditions and regulations as may have been prescribed by the Mayor and City Council of the city of Waycross, to construct, maintain and operate a railway in the said city, with single tracks and turnouts, turn-tables, side-tracks and switches, as and wherever the same may be necessary or convenient, through, on and along any or all of the streets of the said city of Waycross now existing, or that may hereafter be opened or extended, through which the Mayor and Council have assented thereto, and through all such streets as the Mayor and City Council may grant such power; and to extend its said railway or build lateral branches beyond the corporate limits of said city, by consent of the county authorities, or for any such lateral branch or extension beyond said corporate limits. The said company shall have rights and powers for acquiring and condemning a right-of-way as provided in the general laws of this State relating to the formation of railroad companies. Route. Branch roads. SEC. VII. Be it further enacted, That the Waycross Street Railway Company shall have power to take and hold such voluntary grants of real estate and other property as may be made to it to aid its construction, maintenance and accommodation of its road; to hold, purchase, and use such real estate as may be necessary for the construction and maintenance of its road, and the stations, terminal facilities and all other accommodations necessary for the accomplishment of it, the objects of its incorporation, and to sell, lease and buy any land necessary for its use; to cross any other

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railroad, and its right of way, heretofore or hereafter constructed under the terms and conditions set out in the proviso to paragraph 5 of section 1689 (i) of the Code of Georgia of 1882, which proviso is hereby made a part of this Act, said crossings to be at any point on its route, with the necessary turnouts, turn tables, sidings, switches and other conveniences necessary in the construction of said road; to take and convey persons or property over its railroad by the use of steam, electricity or animals, or any other motive power not deemed objectionable by the Mayor and City Council of said city, and to receive compensation therefor; and to do all those things incident to a railroad business; to erect and maintain convenient buildings, stations, fixtures and machinery for the accommodation and use of its passengers and business; to regulate the time and manner in which its passengers and property shall be transported, and the compensation to be paid therefor, subject to any law of this State on the subject; to borrow such sum or sums of money at such rates of interest, and upon such terms as said company or its Board of Directors may 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, upon any or all of its property, including the rights and franchises hereby granted, for the amount or amounts borrowed, as its Board of Directors may deem expedient; and in such deed or mortgage may make such provisions for transferring its railroad, depots, stations, buildings, ground, rights, privileges, franchise, immunities, machine houses, rolling stock, animals, tools, furniture, implements, appendages, and appurtenances used in connection with its railroad, as security for any bonds, debts, or sums of money that may be secured by such deed or mortgage as they may think proper. And in case of a sale or foreclosure under such deed or mortgage, the party or parties, acquiring title thereunder, and their associates, successors or assigns shall have or acquire thereby, and shall exercise and enjoy thereafter the same rights, privileges, grants, franchises, immunities and advantages, in or by such deed or mortgage enumerated and conveyed as fully and absolutely in all respects as the corporators, office-holders, shareholders and agents of said company hereby created, might or could have done had not such sale 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 the general law authorizing the formation of railroad companies, and such purchaser or purchasers and their associates shall thereupon be a

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corporation, with all the privileges, powers and franchises conferred by, and be subject to the provisions of this Act. Right-of-way and terminal facilities. Motive power. General powers. Loans and mortgages. SEC. VIII. That all the rights, powers, privileges and immunities hereby granted shall cease, determine and be void, unless said company shall, within one year from the passage of this Act, build, equip and put in permanent operation at least one-half mile of said road. Forfeiture of charter. SEC. IX. And be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. INCORPORATING THE CARROLLTON STREET RAILWAY COMPANY. No. 583. An Act to incorporate the Carrollton Street Railway Company, of Carrollton, Georgia, and to define its rights, powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That L. P. Mandeville, L. C. Mandeville, W. J. Stewart, C. H. Stewart, Henry Lanier, C. B. Simonton, G. H. West, R. D. Jackson, J. T. Bradley and W. C. Adamson, and such other persons as they may associate with them, their successors and assigns, be, and they are hereby, declared a body politic and corporate by the name and style of The Carrollton Street Railway Company, of Carrollton, Ga., 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 to alter or destroy at pleasure, and purchase, accept, hold, enjoy or convey any property, real, personal or mixed, that may be necessary for the purposes hereinafter set forth, or which they may acquire in the progress of their business. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of one hundred thousand dollars. Capital stock. SEC. III. Be it further enacted, That said incorporators, or any three of them, shall be authorized to receive subscriptions to the capital stock of said company, and when twenty thousand dollars is subscribed and ten per cent. thereof paid in, the subscribers shall

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elect five directors from their number to manage and control the business of said company, who shall hold their offices for one year; and said directors, as well as those that may thereafter be elected, shall have power to make and adopt by-laws for the control of the board and company, and to employ and appoint such officers and agents and servants as may be deemed proper by said Board of Directors. Board of Directors. SEC. IV. Be it further enacted, That said company be, and is hereby authorized and empowered, (consent already having been given by the Mayor and City Council of the city of Carrollton) to construct, maintain and operate a railway with single or double tracks, narrow or standard gauge, turnouts, turn-tables, side-tracks and switches as and wherever the same may be necessary or convenient, through, on and along any or all of the streets of the said city of Carrollton, Georgia, now existing or that may hereafter be opened or extended, and to extend its said railway or build branches beyond the corporate limits of said city, or to any point in Carroll county, Georgia, and for any such extension or branch beyond the said corporate limits; the said company shall have the right and power for acquiring, condemning a right-of-way, but not exceeding one hundred feet wide, that are provided in the general laws of this State relating to the formation of railroad companies; Provided, that no highway outside the corporate limits of Carrollton shall be occupied without the consent of the county authorities. Route. Branches. Right-of-way. SEC. V. Be it further enacted, That the Carrollton Street Railway Company shall have power to intersect, cross or join or unite its railroad with any other railroad heretofore or hereafter constructed, at any point in its route, with the necessary turnouts, turn-tables, sidings and switches, and other conveniences necessary in the construction of such road, and may run over any other railroad right-of-way necessary; to take and convey persons or property over its railroad by the use of steam, electricity or animals, or any other motive power, and to receive compensation therefor, and to do all other things incident to railroad business; to erect and maintain convenient buildings, stations, fixtures and machinery for the accommodation and use of its passengers and business; to regulate the time and manner in which passengers shall be transported, and the compensation to be paid therefor, subject to any law of this State upon the subject and to the ordinances of said city; to borrow such sum or sums of money at such rate of interest and upon such terms as said company, or its Board of Directors, may direct, or agree upon, and may deem necessary and expedient; and may execute one or more trust deeds, or mortgages, or both

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if occasion require, upon any or all of its property, including the right and franchise hereby granted, for the amount or amounts borrowed, as its Board of Directors may deem expedient, and in such deed or mortgage, may make such provisions for transferring its railroad depots, stations, buildings, grounds, rights, privileges, franchises, immunities, machine houses, rolling stock, animals, furniture, tools, implements, appendages, appurtenances, used in connection with its railroad, as security for any bonds, debts, or sums of money that may be secured by such deed or mortgage, as they shall think proper. Provided, that said Street Railroad Company shall not occupy any of the public roads of Carroll county without first obtaining the consent of the county authorities; nor occupy any streets heretofore opened in the city of Carrollton without first obtaining the consent of the city authorities who may then he in power. May unite with other roads. Motive power. Loans and mortgages. Proviso. 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 November 8, 1889. INCORPORATING THE STREET RAILROAD OF CLARKESVILLE. No. 616. An Act to incorporate the Street Railroad of Clarkesville. The General Assembly of Georgia do enact as follows: SECTION I. That Cornelius P. O. Callaghan, C. H. Sutton, I. A. Ketson, F. L. Asbury, J. B. Jones, H. S. West and L. Willbanks, and such other persons as they may associate with themselves, and their successors and assigns be, and they are hereby, declared and created a body politic and corporate under the name and style of Street Railroad Company of Clarkesville, and as such may sue and be sued in any court of the State; adopt and use a common seal; and to accept or purchase property, real and personal, necessary for their use in the execution of the powers hereinafter set forth, and may further exercise the rights and powers conferred by law upon corporations in this State. Corporators. Name. General powers. SEC. II. Be it further enacted, That said corporation shall have the power and authority to survey, lay out, construct and equip and

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operate a street railroad in the town of Clarkesville, in Habersham county, in this State, from the court house square at any point thereon, northwest to the bridge on Soque River, and southeast along the streets and upon the public streets of said town to the railroad station on the Blue Ridge and Atlantic Railroad. Said company may use horse power, steam or any other motive power for the driving of their cars. Route. Motive power. SEC. III. Be it further enacted, That a majority of said persons may organize said company by electing a President thereof and such other officers as they may wish; may receive subscriptions to the stock of said company to such amount as the business purposes of said company may require; that said company, when organized, may adopt rules, regulations and by-laws for their government, and to do such other acts for the purposes of said company as may be lawful; appoint and employ officers and agents; and may convey upon their lines passengers or freight at such rate of compensation as may be reasonable and just. Authority to organize. SEC. IV. Be it further enacted, That said corporation shall not appropriate to their use any street in said town without the consent of the Mayor and Council of said town, which consent they are authorized to give upon reasonable terms. Must obtain consent of city authorities etc. SEC. V. Be it further enacted, That if in locating any portion of such street railroad it may become necessary to occupy the lands of private persons, before appropriating the same to such use said company shall pay such damages therefor as may be reasonable and just; and if such damages cannot be agreed on between the parties, they may be ascertained and fixed in the manner provided by law for the ascertainment of damages to lands taken by towns and cities to be appropriated as public streets. Damages for condemned right-of-way. SEC. VI. Be it further enacted, That this charter shall be of force for thirty years from the date of its passage. Term 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 November 11, 1889.

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INCORPORATING THE BAINBRIDGE, LAKE DOUGLASS AND SUBURBAN STREET RAILROAD. No. 673. An Act to incorporate the Bainbridge, Lake Douglass and Suburban Street Railroad, 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 authority of the same, That from and after the passage of this Act, M. O'Neal, Jno. E. Donalson, A. L. Hawes, C. L. Harrell, W. W. Wright, and their associates and successors, be, and they are hereby, declared a body politic and corporate under the name and style of the Bainbridge, Lake Douglass and Suburban Street Railroad, and in 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 to alter or destroy at pleasure, and purchase, accept, hold and 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 it may make contracts, borrow money, issue bonds, notes and other evidences of debt, and secure the same by such mortgages or deeds of trust as it may deem proper. That the place of business of said company shall be in the city of Bainbridge, Decatur county, State of Georgia. Corporators. Name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That said company shall have full power and authority to survey, lay out, construct and equip, use and employ street railroads upon any of the public streets, highways or passways of the city of Bainbridge, in the county of Decatur. (The city of Bainbridge having given their consent thereto, as evidenced to this General Assembly, by an ordinance of said city to that effect.) Route. SEC. III. Be it further enacted by the authority aforesaid, That the persons before named, or any three of them, shall be authorized to receive subscriptions to the capital stock of said company, which shall be ($50,000) fifty thousand dollars, and which may be increased from time to time to ($100,000) one hundred thousand dollars, as the business of the company may require. That the capital stock of said company shall be divided into shares fifty dollars each. Capital stock. SEC. IV. Be it further enacted by the authority aforesaid, That the affairs of said corporation shall be managed by a Board of Directors,

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not less than five nor exceeding nine in number; they to be stockholders in their own right, a majority of whom shall constitute a quorum. They shall be elected annually by the stockholders, (each share of stock entitling its holder to one vote,) at such time and place as may be fixed by the by-laws, and such time and place shall be published at least ten days before the election, in some newspaper published in the city of Bainbridge. They shall hold their offices for one year, and until their successors are elected and qualified. They shall elect one of their number as President and another as Vice-President, and shall also select a Secretary, and a Treasurer; and each of said officers shall have duties and powers as prescribed by the by-laws. The directors shall have full power and authority to manage, conduct, and prescribe rules for managing and conducting all the business of the corporation of every kind. Board of Directors. Other officers. SEC. V. Be it further enacted by the authority aforesaid, That when ($2,500) twenty-five hundred dollars is subscribed to the capital stock of said company, it shall be the duty of the incorporators herein named to call the stockholders together for the purpose of organizing, as provided for in section 4 of this Act, and when the sum of ($2,500) twenty-five hundred dollars is paid in, the company shall have the power and authority to eommence the construction of said road. Authority to organize SEC. VI. Be it further enacted by the authority aforesaid, That said company may extend its line of road to any place or places in the county of Decatur, over and beyond the corporate limits of the said city of Bainbridge, should they see proper to do so, and in that event the damages to the owners of the strip or strips of land through which said road may run (not exceeding fifteen feet wide either way from the road-bed), when the same cannot be mutually agreed upon, shall be ascertained and settled as prescribed in section 1689 (l) of the Code of 1882; Provided, that nothing herein contained shall authorize the taking or damaging of private property by condemnation until adequate compensation has first been paid therefor. Said company is also authorized to extend its lines of road to any place or places in the counties of Miller, Baker and Mitchell, subject to the conditions and restrictions applicable to the county of Decatur. Disputed right of-way. Proviso. SEC. VII. Be it further enacted by the authority aforesaid, That said company may carry upon their lines either passengers or freight, and reasonable compensation therefor. Traffic privileges. SEC. VIII. Be it further enacted by the authority aforesaid, That said company shall have the power to propel or move the cars over

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their road either by horse, steam, or electric power, as to said company shall seem best. Motive power. SEC. IX. Be it further enacted by the authority aforesaid, That the rights, privileges and powers herein granted to said company so far as they appertain to the city of Bainbridge are exclusive for twenty years from the passage of this Act; said city having consented thereto as evidenced to this General Assembly by an ordinance of said city to that effect; Provided, nevertheless, that the exclusive right and privileges herein granted to said company shall be null and void and of no effect unless one mile of said street railroad is complete and in operation within seven years from the grant of said ordinance of the city of Bainbridge. Term of charter. Forfeiture of charter. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. AMENDING THE CHARTER OF THE ROME STREET RAILROAD COMPANY. No. 694. An Act to amend an Act entitled an Act to amend an Act to incorporate the Rome Street Railroad Company and to define its powers, etc., approved December 12, 1884. SECTION I. Be it enacted by the General Assembly of Georgia, That the Rome Street Railroad Company shall not have the right to use steam power or dummy engines in crossing the county bridges, either for the transportation of freight or passengers across said bridges, except with the unanimous consent of all the Commissioners of Roads and Revenues of Floyd county, declared by public resolution in an official meeting. Motive power. SEC. II. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues of Floyd county shall not have the right to grant any vested or contract rights to said Rome Street Railroad Company or any other person on or over said bridges, but may, in their discretion, grant temporary uses and privileges to said railroad company over said bridges, subject at all times to be revoked by said commissioners. Use of bridges in Floyd county. SEC. III. Be it further enacted by the authority aforesaid, That

Page 697

all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. INCORPORATING THE ATHENS RAILWAY COMPANY. No. 697. An Act to incorporate the Athens Railway Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, E. G. Harris, L. A. Mitchell and J. T. Voss, and such others as they may associate with them, their successors and assigns, be, and the same are hereby, declared a body politic and corporate under the name and style of the Athens Railway Company. Corporators. Name. SEC. II. Be it further enacted, That said corporation, by said name, shall have continuous succession, and in that name shall be able to sue and be sued, to plead and be impleaded in any court of law or equity; may have and use a common seal, the same alter, renew and destroy at pleasure, and may make, alter and repeal such by-laws governing its own members, officers, attorneys, agents and employes, and persons dealing and having business with it, as it considers proper. It may issue bonds at any time, in an amount not greater than one hundred thousand dollars, and it may acquire, purchase and accept, hold and enjoy or convey any property, real, personal or mixed, that may be necessary and profitable for the purpose hereinafter set forth, or which they may acquire in the progress of their business. It shall have power to fix the rates of toll for the carriage of persons or property, and to collect the same; and said Athens Railway Company shall have all the powers, facilities, rights and franchises necessary to successfully accomplish and carry on the objects of its corporation. General powers. SEC. III. Be it further enacted, That said company shall have power to survey, lay out, construct and equip, use and employ the following line of street railroad in the city of Athens, Georgia, as follows, to-wit; Beginning at the Georgia Railroad depot, and running Gallaway street to Broad street, and thence along Broad street to College Avenue, thence along College Avenue to Clayton street, thence along Clayton street to Lumpkin street,

Page 698

thence along Lumpkin street to Hancock Avenue, thence along Hancock Avenue to Pulaski street, thence along Pulaski street to Prince Avenue, thence along Prince Avenue to the corporate limits of the city of Athens, and also branching off from Prince Avenue, where Millege Avenue intersects Prince Avenue, and running along Millege Avenue to the corporate limits of the city of Athens; and also beginning on East Broad street and running along Thomas street to Washington street, thence along Washington street to College Avenue, thence along College Avenue to Hancock Avenue, thence along Hancock Avenue to Lumpkin street, intersecting there with main line. And also beginning on belt line at the corner of Jackson and Washington streets, thence along Jackson street to River street, thence along River street to College Avenue, thence along College Avenue to River or Savannah streets, thence along River or Savannah streets to North Eastern Railroad depot, from thence along Hull street to Hancock Avenue; and also leaving Prince Avenue where Hill street intersects Prince Avenue, and running along Hill street to the corporate limits of the city of Athens; and also to lay out, construct, equip and operate a railway line six miles in any direction from the city limits of said city of Athens; Provided, that said railway company shall not occupy any of the said streets without the consent of the city authorities of Athens, nor shall they occupy any of the roads or highways of Clarke county, outside of the city of Athens, without first having obtained the consent of the proper county authorities. Route Proviso. SEC. IV. Be it further enacted, That said corporation shall have power and authority, from time to time, to survey, lay out, construct, equip, use and enjoy such other routes or lines of street railroad in the city of Athens as it may deem best, in addition to those specially named in this Act, whenever it deems it to its interest so to do; but before said corporation shall begin work upon any other, and further line or route of street railroad within the city of Athens, it shall first obtain the assent of the corporated authorities of said city to same. May extend its line. SEC. V. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, which may be increased to one hundred thousand dollars, should the business of the company require it, but said corporation may organize and commence business whenever twenty per cent. of the capital stock shall have been paid in. Books of subscription to the capital stock of said corporation, may be opened under the superintendence of the persons named in the first section of this Act or a majority of them, and the capital stock of said corporation shall be divided into shares

Page 699

of one hundred dollars each, and all subscriptions shall be paid in cash, or that which may be deemed its equivalent, in such installments as called for by the Board of Directors. Said persons named shall act as a Board of Directors, until said corporation is organized, which shall be done in thirty days after the requisite subscriptions are obtained. Capital stock. SEC. VI. Be it further enacted, That all corporate powers of said company shall be vested in and exercised by a Board of Directors, one of whom may be President, and such officers and agents as said board may appoint. Said Board of Directors shall consist of three members, who shall be stockholders in said company; the first Board of Directors to be elected at such time and in such manner as the corporators or a majority of them may determine, and annually thereafter by the stockholders of the company. Said directors shall hold their offices until their successors are elected and qualified and fill vacancies in their own numbers. In all elections each share of one hundred dollars shall be entitled to one vote, and said shares shall be issued and transferable in such a manner as the Board of Directors may determine. Said board may also adopt such constitution, by-laws, rules and regulations for the management of the company and its business as are not inconsistent with the laws of this State and the United States. Board of Directors Elected annually. SEC. VII. Be it further enacted, That said Athens Railway Company may convey upon and over its line, either passengers or freight, or both, as the public wants and its interest may require in accordance with the laws of this State and the charter and by-laws of the city of Athens; and said company, provided it gets the assent of the city authorities thereto, shall have the right of laying out, constructing, equipping or using, a street railroad upon any of the streets herein named, or such other streets as the company may desire to use, for the term of twenty years; Provided, that all the powers granted by this Act shall cease, unless said company shall, within one year from the passage of this Act, begin the construction of said street railroad and proceed bona fide in its construction. Traffic privileges. Forfeiture of charter. SEC. VIII. Be it further enacted, That said company shall have the right to use any motive power for their cars as they deem proper and best for the successful operation of their line, under such rules and regulations as may be prescribed by the city authorities. Motive power. SEC. IX. Be it further enacted, That this charter shall remain of force twenty years, with the privilege of renewal at the expiration of that time. Term of charter. SEC. X. Be it further enacted, That the franchises granted by this charter shall not be transferred until at least one half () mile

Page 700

of railroad shall be built and equipped under the operation of this charter. May transfer charter, etc. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. AMENDING THE CHARTER OF THE AUGUSTA AND SUMMERVILLE RAILROAD COMPANY. No. 792. An Act to continue in force the charter of The Augusta and Summerville Railroad Company; to permit the propelling of cars by any motive power; to increase the capital stock; to issue bonds, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to incorporate the Augusta and Summerville Railroad Company, approved March 20th, 1866, incorporating sundry persons therein named, under the name and style of the Augusta and Summerville Railroad Company, for the full term of thirty years, which will expire March 20, 1896, becontinued of force from and after the expiration thereof for the full term of fifty additional years, with all the powers and privileges given in said Act not restricted hereby. Charter extended. SEC. II. Be it further enacted, That said corporation shall be authorized to use for all railroad purposes any force as motive power for its cars to be operated over the lines of the railroad in the city of Augusta, and county of Richmond, as now or hereafter laid down under the provisions of its present charter and of this Act; Provided, the consent of the City Council of Augusta be first obtained, the use of such force to be with the consent of the City Council of Augusta, and used under such terms and conditions as the said City Council may prescribe. Motive power. Proviso. SEC. III. Be it further enacted, That the said corporation shall be authorized by resolution of the directory to issue bonds to be secured by mortgage upon the property of the corporation, including its road-bed, outfit, income, franchises and all of its other property upon the same terms and conditions as the present bonds of the company now outstanding were issued, or at a less rate of interest, or upon such different conditions as may be determined upon by

Page 701

the directory, the proceeds of said bonds to be applied to the renewal and extension of the existing bonded indebtedness of the corporation, the funding of the floating debt and for such other outlays as in the opinion of the directory may from time to time be found necessary in changing or altering the motive power of the company, as hereinbefore authorized, or extending its lines over other streets of the city as its corporate limits now exist or may hereafter exist by extension from time to time, subject to the consent of the City Council of Augusta, as hereinbefore set forth. Authority to issue bonds. SEC. IV. Be it further enacted, That the capital stock of the company, which is now two hundred thousand dollars, may be increased by resolution of the directory, from time to time, to the sum not exceeding four hundred thousand dollars. May increase capital stock. SEC. V. Be it further enacted, That the Augusta and Summerville Railroad Company may at any time, by a majority vote of the stockholders, surrender their present charter before the expiration thereof and accept this new charter, with all its privileges and liabilities, subject to the control of the City Council of Augusta, as hereinbefore provided. May surrender present charter. SEC. VI. Be it further enacted, and it is hereby enacted by the authority aforesaid, That nothing in this Act contained shall have the effect or be construed to extend or continue in force the Act of the General Assembly, approved December 28, 1866, entitled an Act to amend an act to incorporate the Augusta and Summerville Railroad Company, approved March 20, 1866, or the Act approved October 26, 1870, entitled an Act to amend an Act to incorporate the Augusta and Summerville Railroad, approved March 20, 1866, and the Act amendatory thereof, approved December 28, 1866; also, to confirm the contract made by said corporation with the City Council of Augusta and certain of the ordinances of said Council relative to said corporation, and for other purposes; nor the contract of September 24, 1866, between said corporation and the City Council of Augusta, nor the ordinances of said City Council of September 7, 1866; January 19, 1867; November 9, 1867, and March 13, 1868; and provided further, that this Act is not intended, nor shall it be construed to extend to said corporation any exclusive rights or privileges to the use of the streets of the city of Augusta, but the right to use any and all of said streets shall be subject to the consent of and on such conditions as may be prescribed by the City Council of Augusta. Does not continue in force certain Acts of the General Assembly. SEC. VII. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved November 13, 1889.

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INCORPORATING THE ELLIJAY STREET RAILWAY COMPANY. No. 794. An Act to incorporate the Ellijay Street Railroad Company. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That David T. Jarrett, J. T. Jarrett 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 Ellijay 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; and it may make contracts, borrow money, issue bonds, notes or other evidences of debt, and secure the same by mortgage or deed 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. General powers. SEC. III. Be it further enacted, That the capital stock of said company shall be six thousand dollars, divided into shares of twenty-five dollars each, with the right to increase the same from time to time to any sum not exceeding fifty thousand dollars, but said company may organize and commence business when the sum of one thousand dollars is subscribed to said capital stock. Capital stock. SEC. IV. 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 town of Ellijay, to such point on the Marietta and North Georgia Railroad as may be deemed best; and said corporation shall have power to build such branch roads as it deems proper. Said company shall have power to run said street railroad over any public road or roads of Gilmer county by first obtaining permission from the county authorities, and to run over any of the streets of said town by first obtaining permission from the authorities of said town. It may also use horses and mules for

Page 703

drawing its cars, or it may use steam or electricity or any other motive power that may hereafter be discovered or utilized. Route. Branch roads Motive power. SEC. V. Be it further enacted, That the principal office of said company shall be in the town of Ellijay. Domicile. 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 November 13, 1889. INCORPORATING THE CARTERSVILLE STREET RAILROAD COMPANY. No. 829. An Act to incorporate the Cartersville Street Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That A. M. Foute, T. R. Jones, G. H. Aubrey and such other persons as may be hereafter associated with them under this Act be, and they are hereby created a body corporate and politic by the name of the Cartersville Street Railroad Company, and by that name they and their successors and assigns shall and may continue such body corporate and politic, and as such may sue and be sued, plead and be impleaded, defend and be defended in all the courts of this State or in any place whatever having jurisdiction over any matter, dispute or transaction touching the business affairs of said company; may make by-laws and rules for its government not inconsistent with the laws of this State or the United States, and do all lawful acts incident to a corporation and necessary for the transaction of its business; may determine as to the number of its directors, the time and manner of electing them; may have a common seal and alter or destroy the same at pleasure, and may purchase, accept, hold, enjoy or convey any property, real, personal or mixed, or privileges that may be necessary for the purposes hereinafter set forth, or which they may acquire in the pursuit of, or for the purposes of their business; and may borrow money, issue bonds or other obligations therefor, and secure the same by mortgage, trust deed or otherwise on all the property and franchises of said corporation. Corporators. Name. General powers. SEC. II. Be it further enacted, That said company shall have the power to lay out, construct, equip, use and operate, by horse power, steam power, electricity, or such other power as may be most suitable for its purpose, a street railroad in the city of Cartersville

Page 704

for the term of fifty years, with privilege of renewal, from and to any point or points, and upon such streets, ways or routes as the Mayor and Council of said city may consent to, with the further power and authority to extend and operate said railroad to any point or point beyond the limits of said city, not exceeding one mile from the present limits of said city; Provided, in all cases, that where the right-of-way shall be contested, it shall be lawful for this corporation to build its lines upon said right-of-way, and damage for same shall be settled according to section 1689 (1) of the Code of the State of Georgia; Provided, that should said company desire to use the public roads of the county outside the city limits, the consent thereto of the proper county authorities shall be first obtained. Route Term of charter. Disputed right-of-way. SEC. III. Be it further enacted, That the capital stock of said company shall be five thousand dollars, divided into shares of fifty dollars each; which capital stock may be increased to fifty thousand dollars, by a vote of the majority of its stockholders in meeting assembled; each share of stock shall be entitled to one vote at such time and in such manner as the company by its by-laws shall prescribe; said stock shall be issued and transferable in such manner and upon such conditions as the Board of Directors of said company may determine. Capital stock. SEC. IV. Be it further enacted, That the consent of the Mayor and Council of the city of Cartersville required by this Act, or any part of it, or the use of any way, street or route within the corporate limits of said city, may be signified by a resolution passed in Council, assembled at any regular meeting of said Council, after thirty days' notice to the public that the matter will be acted on at said meeting, either before or subsequent to the passage of this Act; Provided, that the said The Cartersville Street Railroad Company shall cause to be published in one of the papers of said city, once a week for four weeks before the said meeting of Council, a notice setting forth the streets, ways or routes within the corporate limits of said city that said railroad company seeks to use. Consent of municipal authorities of Cartersville. Proviso. SEC. V. Be it further enacted, That all laws and parts of lawc in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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INCORPORATING THE NEWNAN STREET RAILROAD COMPANY. No. 832. An Act to incorporate the Newnan Street Railroad Company; to grant certain powers and privileges to the same, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Jno. T. Kirby, W. A. Deat, N. B. Glover, P. W. Martin and all other persons who shall be or become stockholders in the company hereby incorporated, shall be a body corporate by the name and style of The Newnan Street Railroad Company, and in and by that name shall have perpetual succession; and sue and be sued; plead and be impleaded with; contract and be contracted with; purchase, receive, have, hold, use, possess and enjoy real and personal property which they may deem necessary and proper for the use of said railroad company. Corporators. Name. SEC. II. Be it further enacted, That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of one hundred thousand dollars. Capital stock. SEC. III. Be it further enacted, That said corporators, or a majority of them, shall be authorized to receive subscriptions to the capital stock of said company, and when ten thousand dollars is subscribed and ten per cent. thereof paid in, the said corporators, or any one of them, shall call a meeting of said subscribers to said capital stock by giving notice thereof in a newspaper published either in Coweta or Heard county, or both, to be held at a place designated in said notice, for the purpose of electing three or more directors (not exceeding seven) from its number of said subscribers, who shall hold their offices for one year, and until their successors are elected and qualified; and said directors, as well as those thereafter elected, shall manage and control the business of said company, and are hereby authorized and empowered to act for and in behalf of said company; and shall have power from their number to elect a President, and to appoint such other officers, agents and servants as the business of the company may require; and to make such by-laws, not inconsistent with law, for the management and regulation of the affairs of the company as they may deem proper. Authority to organize. Board of Directors. SEC. IV. Be it further enacted, That all the stockholders of the said corporation shall be severally and individually liable to the creditors of the said corporation to an amount equal to the amount

Page 706

of their unpaid subscription to the stock respectively, but no stockholder shall be individually liable to the creditors of said company beyond the amount of his or her unpaid subscription to the capital stock. Liability of stockholders. SEC. V. Be it further enacted, That the said company be, and is hereby authorized and empowered, subject to such conditions and regulations as may be prescribed by the Mayor and Council of the city of Newnan and town of Franklin, to construct, maintain and operate a railway with single or double tracks and turn-outs, turn-tables, side tracks and switches at and wherever the same may be necessary or convenient, through, on and along any or all of the streets of the said city of Newnan and town of Franklin, now existing, or that may hereafter be opened or extended, and to extend its said railway or build lateral branches beyond the corporate limits of the said city of Newnan and town of Franklin, through, into and across the counties of Coweta and Heard, and for any such extension or lateral branches through the said counties connecting the city of Newnan and town of Franklin the said company shall have the rights and powers for acquiring, condemning a right-of-way that are provided in the general laws of this State relating to the formation of railroad companies; Provided, that no public road shall be taken or used by said company without the consent of the county authorities. Route. Branch roads. SEC. VI. Be it further enacted, That said company shall have power to convey persons or property, or both, over its railroad by the use of steam, electricity or animal, or any other motive power which the directors may select, and do all other things incident to railroad business. Traffic privileges. SEC. VII. Be it further enacted, That all powers, rights, privileges and immunities hereby granted, shall cease, determine and be void unless said company shall, within five years from the passage of this Act, build, equip and put in operation at least one-half mile of said railroad. Forfeiture of charter. SEC. VIII. And be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

Page 707

INCORPORATING THE AUGUSTA RAILWAY COMPANY. No. 837. An Act to incorporate the Augusta Railway Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That Charles H. Phinizy, Jesse Thompson, George R. Lombard, Paul R. Sledge, Richard E. Allen, Archibald H. Baker, Walter C. Boykin, and such other persons as they may associate with them, and their successors and assigns, be, and they are hereby, constituted a body corporate and politic for the term of fifty years, with the right of renewal, under the name of the Augusta Railway Company, 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 and renew the same at pleasure; to make, alter and repeal any and all bylaws it may deem best, not in conflict with the laws of this State or of the United States. It may make contracts, borrow money, issue bonds, notes or other evidences of debt, and secure the same by note, mortgage or deeds of trust, or other instruments, as it may deem best. It may acquire, by gift or purchase, and receive and hold all such property, real, personal or mixed, as it may deem profitable, and it may dispose of the whole, or any part thereof, at pleasure; and it shall have all the powers, facilities. rights and franchises necessary or proper to successfully accomplish and maintain the objects of its incorporation. Corporators. Name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be one hundred thousand dollars, divided into shares of one hundred dollars each, with power, by vote of the directors of said corporation, to increase the same, from time to time, to an amount not exceeding one million dollars; and said corporation shall be authorized to commence work or business whenever, in the judgment of the Board of Directors, there has been a bona fide subscription of ten thousand dollars to the capital stock of said corporation. 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 in that which said persons, or the directors hereinafter provided for, may deem its equivalcnt, and in such installments as may be called for by the Board of Directors; and said incorporators may

Page 708

exercise all the rights and powers of directors of said corporation until directors are elected as hereinafter provided. Capital stock. Books of subscription. Provisional Directors. SEC. III. Be it further enacted by the authority aforesaid, That at the first meeting of the subscribers to said capital stock, to be called by said incorporators, a board of not less than five (5) nor more than thirteen (13) directors shall be elected from the stockholders, a majority of whom shall constitute a quorum. Said directors shall hold office for such time as the by-laws may prescribe, and until their successors are elected and qualified; they shall elect from their own number a President and such other officers as they may deem proper, and as they may be authorized to elect by the bylaws of the organization. There shall be an annual meeting at such time and place as may be named in the by-laws; at all meetings of the corporation a majority of the stockholders present in person or by proxy shall constitute a quorum; if at any meeting a quorum is not present, those present may adjourn to some other time fixed by them for the transaction of business, and if no person is present at said adjourned meeting, of which the stockholders shall have notice, those present in person or by proxy shall have the rigtt to fully act as a meeting of the stockholders of said corporation; at all meetings of stockholders each stockholder shall be entitled to one vote for each share of stock owned by him; the Board of Directors of said corporation shall have power and authority to manage and conduct the affairs of said corporation, and to prescribe rules for managing and conducting all the business of said corporation. Board of Directors. Annual meetings. SEC. IV. Be it further enacted by the authority aforesaid, That said corporation shall have full power and authority to survey, lay out, construct, equip, use and enjoy lines or routes of railroads over and through any street or streets in the city of Augusta, in said State, and also from such point in said city as may be deemed best; to run said railroad to such point or points in the county of Richmond as may be deemed best. 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 stem as it may deem best, said main stem or line being from a convenient point in the city of Augusta, to or near to the Orphan Asylum, to such other point in the city of Augusta, and to the limits of said city, and thence to and into the village of Summerville, and to such other point or points in the county of Richmond as may be deemed best. Said corporation shall have the power to run said railroad over any public road or roads of Richmond county. It shall also have the power, and is

Page 709

hereby authorized to use horses, mules, steam, electricity or any other motive power in drawing its cars, now used or known or which may hereafter be discovered or utilized. Provided, however, that before said corporation shall have the authority to construct and operate said railroad as aforesaid it must obtain the consent of the corporate authorities of the city of Augusta, to construct and operate said railroad within the limits of said city, and it must also obtain in like manner, the consent of the proper authorities of the county of Richmond, to construct and operate said railroad over any public road of said county, and if it is desired to construct and operate said railroad in any other incorporated town, city or village of said county as aforesaid, it must likewise first obtain the consent of said town, city or village as aforesaid, and when said consent has been obtained as provided by the constitution of said State, this Act shall be and remain of full force and effect. Route. Branch roads. Motive power. Proviso as to right-of-way. SEC. V. Be it further enacted by the authority aforesaid, That should said corporation find it necessary in the construction of its road or roads to have the lands of private persons or corporations, said corporation may acquire the same by pursuing the mode pointed out and prescribed in section twelve of an Act to provide a general law for the incorporation of railroads and to regulate the same, approved September 27, 1881, and found upon pages 161, 162 and 163 of the printed volume of laws of 1880 and 1881. Disputed right-of-way. SEC. VI. Be it further enacted, That said company shall have power to buy, sell, lease and use real and personal property; to issue stock in such series, and of such kinds as it may deem proper; to issue preferred stock and secure the same by bond or mortgage, or otherwise, and have all the rights, powers and privileges conferred by the General Railroad Law as found in the Code of Georgia in Code, sections 1689 (e), 1689 (f) 1689 (g), 1689 (h), 1689 (i), 1689 (j), 1689 (l), 1689 (m), 1689 (r). Additional powers and privileges. SEC. VII. Be it further enacted by the authority aforesaid, That the stock in said corporation shall only be transferrable on the books of the corporation under regulations to be prescribed in the by-laws. Transfer of stock. SEC. VIII. Be it further enacted by the authority aforesaid, That the stockholders in said corporation shall in their private capacity be bound to any creditors of the corporation for the amount of the stock subscribed for by him or her until said subscription is fully paid up, or until such stockholder shall have paid out of his or her private property debts of said corporation to an amount equal to his or her unpaid subscription. Liability of stockholders. SEC. IX. Be it further enacted by the authority aforesaid, That said company shall have power to do a general banking business,

Page 710

but nothing herein shall be held to repeal any right, franchise or power conferred on the Richmond County Belt Line Railway Company. Banking powers. 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 November 13, 1889.

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TITLE IV. INSURANCE COMPANIES. ACTS. Amending charter of the Manufacturers Insurance Mutual Aid Society. Amending the charter of the Atlanta Mutual Insurance Company. Amending charter of the Underwriters Mutual Insurance Company. Incorporating the Georgia Fidelity Insurance Company. Incorporating the Georgia Equitable Insurance Company. Incorporating the Georgia Commercial Insurance Company Incorporating the Carrollton Mutual Fire Insurance Company. Incorporating the Peoples Mutual Protective Association of Rome. Incorporating the Georgia Mutual Live Stock Insurance Company. Amending charter of the Savannah Fire and Marine Insurance Company. CHANGING NAME OF MANUFACTURERS MUTUAL AID SOCIETY TO MANUFACTURERS MUTUAL FIRE INSURANCE COMPANY. No. 270. An Act to change the name of the Manufacturers Insurance Mutual Aid Society to Manufacturers Mutual Fire Insurance Company, and to amend the charter of said company. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the name of the Manufacturers Insurance Mutual Aid Society be, and the same is hereby, changed to Manufacturers Mutual Fire Insurance Company, by which name it shall continue to exercise and carry on its corporate powers. Name changed. SEC. II. Be it further enacted, That section 4 of the Act, approved October 24, 1887, incorporating said insurance company,

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which provides that whenever said corporation shall make insurance on any property, the person so insured shall pay the required premium in cash, and also, if required by the rules of said company, shall give a note payable to the corporation for a sum not exceeding five times the amount of the premium, which note shall not be negotiable or transferable for any purpose whatever, but shall be held as a deposit to be paid at such times and by such installments as the directors may require, and no installment shall be required except for the payment of the liabilities of the company incurred under policies of insurance issued by them, be, and the same is hereby, repealed, and in lieu thereof the following be, and the same is hereby, enacted: Whenever said corporation shall make insurance on any property, the person so insured shall pay the required premium in cash, and by the terms and condition of the policy issued shall be liable for a sum not exceeding five times the amount of the said premium, which shall be payable at such times and by such installments as the directors may require, and no installment shall be required except for the liabilities of the company incurred under policies of insurance issued by said company. Repeals section 4. Payment of premiums. SEC. III. Be it further enacted, That so much of said original Act as provides for the use, disposition or collection of the notes referred to in said section 4 of the original charter be, and the same is hereby repealed. SEC. IV. Be it further enacted, That all laws in conflict herewith are hereby repealed. Approved September 10, 1889. AMENDING THE CHARTER OF THE ATLANTA MUTUAL INSURANCE COMPANY. No. 359. An Act to amend an Act entitled An Act to incorporate The Atlanta Mutual Insurance Company, approved December 26th, 1888, by limiting the liability of stockholders to the amount of their respective unpaid subscriptions to the capital stock. SECTION I. Be it enacted by the General Assembly of Georgia, That section 9 of an Act entitled An Act to incorporate the Atlanta Mutual Insurance Company, approved December 26th, 1888,

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be amended by striking therefrom the words, and each holder shall be liable to creditors for all unpaid subscriptions, and in addition thereto to an amount equal to his subscription, and inserting in lieu thereof the following, and each stockholder shall only be liable to said creditors for his or her unpaid subscription to the capital stock of said company, so that said section when amended shall read: Section 9. Be it further enacted, That the corporation shall be responsible to its creditors to the extent of its property, and each stockholder shall only be liable to said creditors for his or her unpaid subscription to the capital stock of said company. Amends section 9 of original charter. Liability of stockholders. SEC. II. Be it further enacted, That said former Act, as amended by the first section hereof, is affirmed, and that all laws or parts of laws, in conflict with this Act be, and the same are hereby, repealed. Approved October 3, 1889. AMENDING THE CHARTER OF THE UNDERWRITERS MUTUAL INSURANCE COMPANY. No. 439. An Act to amend an Act to incorporate Underwriters Mutual Insurance Company, and for other purposes, approved December 27, 1886, so as to change the name of said company to United Underwriters Insurance Company; to authorize it to insure also against lightning, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the name of the Underwriters Mutual Insurance Company, incorporated by Act, approved December 27, 1886, be changed to United Underwriters Insurance Company, and that the said name of United Underwriters Insurance Company be substituted for that of Underwriters Mutual Insurance Company wherever it appears in said Act. Name changed. SEC. II. Be it further enacted, That the words, or lightning or both, be inserted in the thirteenth line of the sixth section of said Act, as published in the Acts of 1886, between the words fire and on, so as to make the said sixth section, when amended as herein provided, read as follows: Section 6. Be it

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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 United Underwriters Insurance Company, shall have authority to insure against losses by fire or lightning, or both, 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 upon the face thereof. No policy or other contract of said corporation shall be binding except it be signed by the President and Secretary. May insure against lightning. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889. INCORPORATING THE GEORGIA FIDELITY INSURANCE COMPANY. No. 539. An Act to incorporate the Georgia Fidelity Insurance Company; to confer certain powers and privileges on same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That Henry Blun, T. M. Cunningham, Herman Myers, John L. Hammond, Henry G. Cunningham, Alexander R. Lawton, and J. H. M. Clinch, and such other persons as may hereafter become associated with them, their successors and assigns, shall hereafter be a body politic and corporate with continuous succession, under the

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name and style of The Georgia Fidelity Insurance Company, and by said corporate name shall be competent in law to contract and be contracted with, sue and be sued, plead and be impleaded in any court having jurisdiction over the subject matter involved; to receive, purchase, 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. Corporators. Name. General powers. SEC. II. Be it further enacted, That the capital stock of this corporation shall be one hundred thousand dollars, to be divided into shares of one hundred dollars each; and it shall have power, after said capital 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, whenever it may be deemed expedient by the stockholders 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 ten thousand dollars 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. Authority to commence business. 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 one hundred thousand dollars of stock shall have been subscribed for, ten dollars on each share shall at once be 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 days prior to the time or 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 proxy in writing, they shall proceed to hold an election for the first Board of Directors (which shall consist of five) for this corporators,

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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 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 the 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 necessary, 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 attorneys' 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 attorneys' 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. 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 stockholders, and such vote may be given in person or by written proxy duly appointed. All votes shall be by ballot at any election, including the organization meeting, and a plurality of votes shall elect. Books of subscription. Authority to organize. Payment of subscriptions. Delinquent stock holders. Voting stock. 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 their successors are elected, and who shall choose out of their own number a President and a Vice-President, and who shall have power to fill any vacancies which may occur in said board, and shall appoint

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such officers and clerks as may in their judgment be necessary; fix their salaries and define the duties of such officers 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 his interests in conformity with the provisions of this Act, 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. No person shall be eligible as a director who does not own in his own name at least twenty shares of the stock. 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 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 stockholders 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 stockholders for the election of directors shall be held at the principal office of the corporation in Savannah, Georgia, on the second Tuesday of January in each year; but if none 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 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 stockholders representing two-thirds of the shares may do so on same notice as above. Board of Directors. Their powers. Certificates of stock. Annual meetings. SEC. V. Be it further enacted, That any number of the stockholders of said corporation, who own or represent at the time, two-thirds 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 stockholders 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 stockholders in meeting or convention, except the election of directors, shall be valid or binding on the corporation, unless a majority of the stockholders in value be represented; nothing herein provided for shall prevent the Board of

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Directors from calling a meeting or convention of the stockholders whenever said board may deem it proper to do so. Special meetings. SEC. VI. Be it further enacted, That the said Georgia Fidelity Insurance Company, shall have power and authority to guarantee for a premium to be paid therefor, the fidelity of any person or persons, holding places of public or private trust, or employed by any corporation or person doing business in this State or any other State; and shall also have the power of guaranteeing any bonds and undertakings required by law, by joining as surety therein, or otherwise; and shall also have power to guarantee, insure, and indorse interest bearing loans, note, bonds, debentures, or other evidences 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 in writing as may be necessary for the transaction of its business 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, and to do a general fidelity insurance business, and to do all acts that may be considered by it, advisable and best for the carrying on of the same. Fidelity insurance. SEC. VII. 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 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. Domicile. SEC. VIII. 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, for all contracts and debts of said corporation to the extent of the amount of their stock therein, (at par value thereof) respectively, at the time the debt was created, in addition to the amount invested in such shares. Liability of stockholders. SEC. IX. 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, or contracts entered into by said corporation, or so injure any interest committed to its care and management,

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without the consent of all the stockholders, creditors and persons interested. Powers and privileges cannot be repealed, etc. SEC. X. 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. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889. INCORPORATING THE GEORGIA EQUITABLE INSURANCE COMPANY. No. 546. An Act to incorporate The Georgia Equitable Insurance Company; to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That F. P. Rice, Chas. F. Rice, W. F. Crusselle, I. S. Mitchell, Eugene M. Mitchell, James W. Vaughn, John R. Gramling, Henry L. Wilson and W. R. Hill, of the city of Atlanta, and their associates, and all such persons as shall hereafter become stockholders shall be, and are hereby, declared a body politic and corporate, and known by the name of the Georgia Equitable 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 powers. SEC. II. Be it further enacted, That the capital stock of said company shall be two hundred thousand dollars ($200,000), with the right and privilege of increasing the same to one million dollars ($1,000,000), divided into two thousand (2,000) shares, each share shall be one hundred dollars ($100); and whenever said capital stock is increased to a sum exceeding two hundred thousand dollars, all such increase shall be in shares of one hundred dollars each; such increase of stock may be made from time to time whenever the same may be deemed expedient by the Board of Directors then in office. Said capital stock and all increases above two hundred thousand dollars up to the limit of this charter, one million

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dollars, shall be paid in by subscribers thereto in such manner and at such times and place as the directors of said corporation may direct, so soon as subscriptions may have been received to the said capital stock to the amount of two hundred thousand dollars ($200,000.) A majority of the persons named, or their assigns, named in the first section of this Act shall call a meeting of the subscribers to said capital stock for the purpose of organization; at this meeting they shall elect not less than five nor more than nine directors, as may be determined by them. The said directors shall thereupon elect from their own number a President and a Secretary, and at the first or any subsequent meeting after their election shall appoint all other officers and agents deemed necessary by them for the successful conducting of the business of the company. The Board of Directors shall have power to remove any officers or agents of this company whenever they may deem it proper to do so for the best interest of the company. Said Board of Directors may fix the compensation and prescribe the duties of all officers and agents of this company, and provide for the taking of bonds for the protection of the corporation. Said Board of Directors shall have the power to fill any vacancy which may occur in their Board of Directors. No person shall be eligible to the office of President or Secretary unless he shall own in his own right and name not less than twenty-five shares of the capital stock of said company. No person shall be eligible to the office of director who owns less than ten shares of the capital stock of this company. Capital stock. Election of Board of Directors. Their powers. Eligibility of officers. SEC. III. Be it further enacted, That calls may be made by the Board of Directors for payments on account of subscriptions to the capital stock of said company in such amounts and at such times as they may see proper; Provided, that no call shall be made upon any stockholder for exceeding twenty-five per cent. of his subscription at any one time, and also provided, that at least three months shall elapse between any two calls for payment, unless larger or more frequent calls may be required to enable the company to meet any of its debts or obligations; in this event the full amount subscribed for by each stockholder, or as much thereof as is necessary, may be at once called for by the Board of Directors. Payment of subscriptions. Proviso. SEC. IV. Be it further enacted, That at the first or any subsequent meeting of the Board of Directors they shall make and adopt such by-laws as they may think necessary and proper for the purpose of carrying on the business of this company; also may prescribe how stock shall be transferred in this company, and prescribe all other rules and regulations governing the business of this company; Provided, that such by-laws shall not be contrary to the

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Constitution of the United States or to the Constitution or laws of the State of Georgia, which by-laws may be altered, amended and supplemented by a vote of a majority of the stockholders at an annual meeting of the stockholders, if they may deem the same necessary. By-laws may be adopted. SEC. V. Be it further enacted, That any stockholder may pay up the entire amount of his or her subscription to the capital stock of this company at any time, and he may receive such interest on advance payments as the Board of Directors may see fit to allow. Payment of subscriptions. SEC. VI. Be it further enacted, That the principal office of the company shall be in the city of Atlanta, in the State of 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. SEC. VII. Be it further enacted, That the date of the annual meeting of the stockholders of this company for the election of directors, and such other business as may be brought before it, shall be fixed by the subscribers to the stock at the time of the organization, but may be changed at any stockholders' meeting. Special meetings of stockholders may be called at any time by the directors, and such notice of these meetings shall be given as the directors may prescribe. At all meetings of the stockholders, those holding a majority of stock, upon which there is nothing due to the company under any call which may have been made by the directors, shall constitute a quorum, and each stockholder shall be allowed one vote for each share of stock held by him. Such stock may be represented by proxy, but no one not a stockholder shall be capable of holding such proxy. Annual meetings. Special meetings. SEC. VIII. Be it further enacted, That this company shall have power to commence business as soon as one hundred thousand dollars ($100,000) 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 shall be paid in or added from the profits of the company in such manner as the directors may direct by their by-laws. Authority to commence business. SEC. IX. Be it further enacted, That if any stockholder shall fail, or make default for thirty 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 thirty days' notice to such stockholder, cause his said stock, after such advertisement as may seem to them proper, to be put up at auction and sold to the highest bidder and any deficiency in the sum thus received necessary to make the

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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. Defaulting stockholders. SEC. X. Be it further enacted, That the Georgia Equitable Insurance Company thall have authority, and is hereby granted such authority, to insure against loss by fire on all kinds of property, either real or personal, or mixed; also against all the hazards of the ocean or inland navigation, and transportation of every kind, and is hereby granted the power, rights and privileges to insure any and all classes of real or personal property, that is now allowed to be insured by any of the laws of this State, or that may hereafter be allowed to be insured by any of the laws of this State, and may do any and all things that is necessary for the purpose of carrying on a fire insurance company, not inconsistent with the laws of this State, or the United States; and may charge such rates of premium for insurance, as this company may determine; the contracts of insurance to be entered into by this company shall not be binding unless evidenced by a policy of insurance in writing or print, or both, and the liability of said company in case of loss sustained by any policy holder shall be governed by the terms, stipulations and conditions appearing upon the face of the policy. No policy or other contract of said corporation shall be binding except it be signed by the President and Secretary of this company. General powers. SEC. XI. Be it further enacted, That the Board of Directors may declare dividends, and shall have authority for the same, out of the earnings of said corporation, provided no dividend in money shall be declared until the earnings are sufficient to pay the same, after deducting all expenses and losses. Dividends. SEC. XII. Be it further enacted, That said corporation is hereby empowered to issue stock dividends in lieu of money dividends; Provided, that the Board of Directors shall decide to do so, and thereby add to the capital stock, not to exceed the highest limits of the capital stock of this charter. Stock dividends. SEC. XIII. Be it further enacted, That the Board of Directors of this company may, by a majority vote, give the holders of policies of said company on any particular line or class of insurance the right to participate in the net profits of this company to such an extent, in such manner and upon such terms as the Board of Directors may agree upon, the same to be plainly stipulated on the face

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of the policy; and unless it be stipulated on the face of the policy that the policy holder has the right to participate, the limit and extent to be stated thereon in writing, it shall not be lawful for any policy holder to participate therein in any of the profits of this company. Policy holders may participate in the profits. SEC. XIV. Be it further enacted, That this company is hereby authorized to own, buy, sell and exchange any and all kinds of personal property, such as mortgages, notes, bonds, stocks, or take and hold collaterals and dispose of the same at pleasure, and may own for its own use, as a permanent investment, a building for the transaction of its business therein in the city of Atlanta or at any other place where it may have a branch office or agency, and may sell and dispose of the same at their pleasure. Property privileges. SEC. XV. Be it further enacted, That this company may make loans on real estate or personal property at any rate of interest that may be contracted for in writing, not exceeding the highest rate allowed by law, and may charge interest for the whole time and include the same in the note or notes, mortgage, deed, or other security therefor, and collect the same by monthly installments or otherwise without any rebate of interest thereon, the debtor so agreeing by executing the note or notes, mortgage, deed or other security aforesaid; Provided, that when said company shall make loans on real estate, it shall have all the rights, powers and privileges conferred by an Act entitled An Act to authorize and empower building and loan associations and other like associations of this State to lend money to persons not members nor shareholders at eight per cent. or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan and to divide the sum of the principal and the interest for the entire period of the loan into monthly or other installments, and to take security by mortgage with waiver of exemption, or title, or both upon and to city, town and suburban property, and for other purposes, approved December 26, 1888. Loans and mortgages. Proviso SEC. XVI. Be it further enacted, That said corporation shall be responsible to its creditors to the extent of its property and assets, and each stockholder shall be liable individually to the extent of his or her unpaid subscription to the capital stock of this company, and for no greater amount. Liability of stockholders. SEC. XVII. Be it further enacted, That this charter shall be, and continue of force for a term of fifty (50) years from the date of its passage, with the right to renew. Term of charter. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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INCORPORATING THE GEORGIA COMMERCIAL INSURANCE COMPANY. No. 547. An Act to incorporate the Georgia Commercial Insurance Company; to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That A. T. McIntyre, Jr., Louis F. Garrard, John Flournoy, Tal Y. Crawford, J. H. Henderson, of the city of Columbus, and their associates, and all such persons as shall hereafter become stockholders, shall be, and are hereby declared a body politic and corporate, and known by the name of the Georgia Commercial 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 powers. SEC. II. Be it further enacted, That the capital stock of said company shall be two hundred thousand dollars ($200,000), with the right and privilege of increasing the same to one million dollars ($1,000,000), divided into two thousand (2,000) shares of one hundred dollars ($100) each, and whenever said capital stock is increased to a sum exceeding two hundred thousand dollars, all such increase shall be in shares of one hundred dollars each. Such increase of stock may be made from time to time, whenever the same may be deemed best by the Board of Directors then in office. Said capital stock and all increases above two hundred thousand dollars up to the limit of this charter, one million dollars, shall be paid in by the subscribers thereto in such manner and at such times and place as the directors of said corporation may direct. So soon as subscriptions may have been received to the said capital stock to the amount of two hundred thousand dollars ($200,000) a majority of the persons named, or their assigns, named in the first section of this Act shall call a meeting of the subscribers to said capital stock for the purpose of organization. At this meeting they shall elect not less than five nor more than nine directors, as may be determined by them. The said directors shall thereupon elect from their own number a President and a Secretary, and at the first

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or any subsequent meeting after their election shall appoint all other officers and agents deemed necessary by them for the successful conducting of the business of the company. The Board of Directors shall have power to remove any officers or agents of this company whenever they may deem it proper to do so for the best interest of the company. Said Board of Directors may fix the compensation and prescribe the duties of all officers and agents of this company, and provide for the taking of bonds for the protection of the corporation. Said Board of Directors shall have the power to fill any vacancy which may occur in their Board of Directors. No person shall be eligible to the office of President or Secretary, unless he shall own in his own right and name not less than twenty-five shares of the capital stock of said company. No person shall be eligible to the office of director who owns less than ten shares of the capital stock of this company. Capital stock. Authority to organize Board of Directors. Their powers. SEC. III. Be it further enacted, That calls may be made by the Board of Directors for payments on account of subscriptions to the capital stock of said company, in such amounts and at such times as they may see proper; Provided, that no call shall be made upon any stockholder for exceeding twenty-five per cent. of his subscription at any one time; and also provided, that at least three months shall elapse between any two calls for payment, unless larger and more frequent calls may be required to enable the company to meet any of its debts or obligations. In this event the full amount subscribed for by each stockholder, or as much thereof as is necessary, may at once be called for by the Board of Directors. Call for subscriptions. Proviso. SEC. IV. Be it further enacted, That at the first or any subsequent meeting of the Board of Directors they shall make and adopt such by-laws as they may think necessary and proper for the purpose of carrying on the business of this company; also, may prescribe how stock shall be transferred in this company and prescribe all other rules and regulations governing the business of this company; Provided, that such by-laws shall not be contrary to the Constitution of the United States, or the Constitution or laws of the State of Georgia; which by-laws may be altered, amended and supplemented by a vote of a majority of the stockholders at an annual meeting of the stockholders, if they may deem the same necessary. By-laws and regulations. Proviso. SEC. V. Be it further enacted, That any stockholder may pay up the entire amount of his or her subscription to the capital stock of this company at any time, and he may receive such interest on advance payments as the Board of Directors may see fit to allow. Interest allowed on advance payments. SEC. VI. Be it further enacted, That the principal office of the

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company shall be in the city of Columbus, 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. SEC. VII. Be it further enacted, That the date of the annual meeting of the stockholders of this company for the election of directors and such other business as may be brought before it, shall be fixed by the subscribers to the stock at the time of the organization, but may be changed at any stockholders' meeting. Special meetings of stockholders may be called at any time by the directors, and such notice of these meetings shall be given as the directors may prescribe. At all meetings of stockholders, those holding a majority of stock upon which there is nothing due to the company, under any call which may have been made by the directors, shall constitute a quorum, and each stockholder shall be allowed one vote for each share of stock held by him. Such stock may be represented by proxy, but no one not a stockholder shall be capable of holding such proxy. Annual meetings. Special meetings. Proxies. SEC. VIII. Be it further enacted, That this company shall have power to commence business as soon as one hundred thousand ($100,000) dollars have been paid in and invested in bonds and stocks estimated at their market value, or in mortgages on real estate worth double the amount for which the same is mortgaged. The balance of the stock subscribed shall be paid in or added from the profits of the company in such manner as the directors may direct by their by-laws. Authority to commence business. SEC. IX. Be it further enacted, That if any stockholder shall fail or make default for thirty (30) 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 thirty (30) days' notice to such stockholder, cause his said stock, after such advertisement as may seem to them proper, to be put up at auction and sold to the highest bidder; and any deficiency in the sum thus received necessary to make the amount of the call shall be made good by the delinquent, and 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 Columbus at such time and place as the directors may prescribe. Defaulting stockholders. SEC. X. Be it further enacted, That the Georgia Commercial Insurance Company shall have authority, and it is hereby granted such authority, to insure against loss by fire on all kinds of property,

Page 727

either real, personal or mixed; also against all the hazards of the ocean or inland navigation and transportation of every kind, and is hereby granted the powers, rights and privileges to insure any and all classes of real or personal property that is now allowed to be insured by any of the laws of this State, or that may hereafter be allowed to be insured by any of the laws of this State; and may do any and all things that is necessary for the purpose of carrying on a fire insurance company, not inconsistent with the laws of this State or of the United States, and may charge such rates of premium for insuring as this company may determine. The contracts of insurance to be entered into by this company shall not be binding unless evidenced by a policy of insurance in writing or print, or both; and the liability of said company, in case of loss sustained by any policy holder, shall be governed by the terms, stipulations and conditions appearing upon the face of the policy. No policies or other contract of said corporation shall be binding except it be signed by the President and Secretary of this company. General powers. Contracts of insurance. SEC. XI. Be it further enacted, That the Board of Directors may declare dividends, and shall have authority for the same, out of the earnings of said corporation; Provided, no dividends in money shall be declared until the earnings are sufficient to pay the same after deducting all expenses and losses. Dividends. SEC. XII. Be it further enacted, That said corporation is hereby empowered to issue stock dividends in lieu of money dividends; Provided, that the Board of Directors shall decide to do so, and thereby add to the capital stock, not to exceed the highest limits of the capital stock of this charter. Stock dividends. SEC. XIII. Be it further enacted, That the Board of Directors of this company may by a majority vote give the holders of policies of said company on any particular line or class of insurance the right to participate in the net profits of this company to such an extent, in such manner and upon such terms as the Board of Directors may agree upon, the same to be plainly stipulated in the face of the policy, and unless it be stipulated in the face of a policy that the policy holder has the right to partipate, the limit and extent to be stated thereon in writing, it shall not be lawful for any policy holder to participate therein in any of the profits of this company. Policy holders may participate in the profits. SEC. XIV. Be it further enacted, That this company is hereby authorized to own, buy, sell and exchange any and all kinds of personal property, such as mortgages, notes, bonds, stocks, or take and hold collaterals and dispose of the same at pleasure, and may own for its own use, as a permanent investment, a building for

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the transaction of its business therein, in the city of Columbus, or any other place where it may have a branch office or agency, and may sell and dispose of the same at their pleasure. Property rights. SEC. XV. Be it further enacted, That this company may make loans on real estate or personal property at any rate of interest that may be contracted for in writing, not exceeding the highest rate allowed by law, and may charge interest for the whole time, and include the same in the note or notes, mortgage, deed or other security therefor and collect the same by monthly installments or otherwise, without any rebate of interest thereon, the debtor so agreeing by executing the note or notes, mortgage, deed or other security aforesaid; Provided, that when said company shall make loans on real estate, it shall have all the rights, powers and privileges conferred by an Act entitled an Act to authorize and empower Building and Loan Associations and other like associations of this State, to lend money to persons not members nor shareholders at eight per cent. or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of the principal and the interest for the entire period of the loan, into monthly or other installments, and to take security by mortgage, with waiver of exemption, or title, or both, upon and to city, town and suburban property, and for other purposes, approved December 26, 1888. Loans and mortgages. Proviso. SEC. XVI. Be it further enacted, That said corporation shall be responsible to its creditors to the extent of its property and assets, and each stockholder shall be liable, individually, to the extent of his or her unpaid subscription to the capital stock of this company, and for no greater amount. Liability of stockholders. SEC. XVII. Be it further enacted, That this charter shall be and continue of force for a term of fifty years from the date of its passage, with the right to renew. Term of charter. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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INCORPORATING THE CARROLLTON MUTUAL FIRE INSURANCE COMPANY. No. 554. An Act to incorporate the Carrollton Mutual Fire Insurance Company. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That E. G. Kramer, Oscar Reese, L. C. Mandeville, T. H. West, C. B. Simonton, Joseph A. McCord, Henry Lanier, W. W. Fitts, J. A. Rhudy, W. M. Meadows, J. T. Bradley and A. Mandeville, and their associates, or any five of them, and their associates and successors, shall be a corporation under the name and style of the Carrollton Mutual Fire Insurance Company of Georgia, with their principal office at Carrollton, Georgia, and they shall have power to elect such officers and agents as, in their judgment, they may deem to be necessary to carry on the business of said corporation, at such time and in such manner as they may prescribe in their by-laws, and to enjoy all other privileges and powers incident to such corporations. Corporators. Name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the aforenamed corporators shall have power to control and manage the affairs of said company for the period of five years, with power to fill vacancies that may occur during that period. At the end of said period the bona fide stockholders in said corporation shall elect new corporators of equal number with the first, or reelect the same persons for the same office, for a like period; that five of said corporators shall constitute a sufficient number present at any meeting to transact the business of said company. Management. SEC. III Be it further enacted by the authority aforesaid, That the capital stock of said company shall be the sum of one hundred thousand dollars, to be divided into shares of one hundred dollars each; each share entitling the person owning the same to one vote at any meeting of said company, when they are authorized to vote, either personally or by proxy, expressed in writing from the stockholder. Capital stock. SEC. IV. Be it further enacted by the authority aforesaid, That the fiscal year of said company shall be the first of June of each year, commencing the first of June next. On said day it shall be the duty of the corporators of said company to ascertain the exact

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financial condition of the company, provide for current expenses, a reserve fund, and declare dividends, which shall be paid to the policy holders pro rata, in proportion to the amount of premiums paid; Provided, said policy holder has a policy for as long a period as one year. Annual dividends. SEC. V. Be it further enacted by the authority aforesaid, That said company may insure, for any term not exceeding five years, houses, goods or other species of property against loss or damage by fire, such loss or damage by fire not resulting from the carelessness,, neglect or design of the party insured, and for any amount not exceeding three-fourths of the actual cash value of the property insured, and not exceeding ten thousand dollars in any one block of buildings or stock of goods. Fire Insurance. SEC. VI. Be it further enacted by the authority aforesaid, That said company shall not issue any policy of insurance until the sum subscribed and paid in shall amount to one hundred thousand dollars, and until ten per cent. of the same is paid in; and no stockholder shall be individually liable further than the amount of stock subscribed and paid in by him into the capital stock of said company for any liabilities of the same. Liability of stockholders. SEC. VII. Be it further enacted, That when any policy holder in said company shall sustain any loss of the property insured by this company, he shall, within thirty days after his knowledge of said loss, and in case of real estate, before any alterations or repairs are made, give notice, in writing, to one of the corporators of said company, or other person appointed by the corporators of said company, whose duty it shall be to view immediately the place where the loss occurred, or otherwise make satisfactory inquiry into the circumstances attending the same, and under oath determine, in writing, the amount of any of the liability of said company for such loss, and it shall be the duty of said company to pay, or offer to pay, said amount within thirty days thereafter; and if the person insured shall not acquiesce in such estimate, or accept the sum tendered, he may, within the legal staute of limitations, after he is notified of such estimate, bring action at law against said company. Losses by fire. SEC. VIII. Be it further enacted, That said company shall be authorized to hold real and personal estate; to have and use a common seal, and to make and enforce such by-laws, not repugnant to the Constitution and laws of the United States and Georgia, as it may deem necessary. Property rights. SEC. IX. Be it further enacted, That any five, or more, of said corporators shall have power to call the first meeting of said company by advertising, once a week for two weeks, if they should

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deem it necessary, in one or more of the newspapers published in the city of Carrollton. First meeting. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 5, 1889. INCORPORATING THE PEOPLES MUTUAL PROTECTIVE ASSOCIATION OF ROME. No. 576. An Act to incorporate the Peoples Mutual Protective Association of Rome, Georgia; to grant power to the same; to insure live stock; to collect assessments, fees, and annual dues, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That R. H. Wright, J. C. Espy, R. E. Goodwin, William M. Morse, and J. F. Maples, and their associates and successors be, and they are hereby incorporated and made a body politic under the name of the Peoples Mutual Protective Association of Rome, Georgia, and under that name may sue and be sued; plead and be impleaded; have and use a common seal, and the same changed at pleasure; make by-laws for the government of said association; elect suitable officers, as hereinafter specified, and do all other acts in harmony with the purposes of this charter, and not inconsistent with the constitution or laws of this State or of the United States. Corporators. Name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the purposes of this association being the mutual aid and protection of its members from any loss, injury or destruction of live stock belonging to its members, to this end it shall have power to receive from members entering it, admission fees and annual dues sufficient to pay the expenses of said corporation for printing, salaries of officers or otherwise; to make assessments on its members to; pay any loss that may be sustained by any one or more of such members by reason of the injury, death or loss by theft of such live stock as may be insured therein; to collect the same, and to pay out through its agents to those entitled thereto, and for the purpose of prompt payment of losses, in the discretion of the Board of Directors hereinafter specified. Said corporation may provide for a reserve fund to be raised from the overplus, if any, of fees, annual dues and assessments;

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and for purposes of such reserve fund, the directors aforesaid, in their discretion, may make special assessments. Purposes of the associaciation. Reserve fund. SEC. III. Be it further enacted by the authority aforesaid, That this corporation is organized for purposes of mutual aid and protection only, and it shall have no capital stock except the assessments to be levied upon its members to pay losses incurred, as hereinbefore set out, and the reserve fund hereinbefore specified, which shall be for purposes of prompt payment of losses only; nor shall it have any right to insure any property of persons or corporations not members thereof, and no benefit shall attach to any one until he, she or they have become members of said association by the payment of the admission fee or fees and such annual dues as may have become due; and that the assessments to be made shall be pro rata on all the members according to the value of the property insured by such members. Losses paid by assessments. SEC. IV. Be it further enacted by the authority oforesaid, That this corporation shall be authorized, at the discretion of the Board of Directors, hereinafter provided for, to make separate and distinct departments, according to the nature of property insured, and when such departments are so made, members shall be liable to assessments for losses only in the department to which their stock belongs and in which their stock may be insured, and shall be entitled only to protection from other members in the same department. Classification of business. SEC. V. Be it further enacted by the authority aforesaid, That the principal office and place of business of said corporation shall be at Rome, in Floyd county, in this State, but they shall have authority to establish such other branch or branches in this State, or out of it, as in the discretion of the Board of Directors may be necessary; that for the purpose of permanent organization said corporators, or any five of them, shall meet so soon as practicable after the granting of this charter at the principal office in Rome, and shall be empowered to elect, by a majority of individual votes, a board of seven directors, who shall be members of this corporation, which Board of Directors shall in like manner complete the organization by the election of a President and a Secretary from their body; and said Board of Directors shall have authority to appoint such other officers and agents as in the discretion of said Board of Directors shall be necessary; that said Board of Directors shall hold their offices for such term as by by-law of the members shall be declared, and until their successors are elected. Principal office. Board of Directors. SEC. VI. Be it further enacted by the authority aforesaid, That

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all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889. INCORPORATING THE GEORGIA MUTUAL LIVE STOCK INSURANCE COMPANY. No. 667. An Act to incorporate the Georgia Mutual Live Stock Insurance Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That A. S. J. Gammon, S. L. Pender, Thomas N. Murray, and W. D. Pender, of the State of Virginia and city of Norfolk, and Fulton Colville, Harvey Johnson, T. J. Felder, J. R. McKeldin and Morris Brandon, of the city of Atlanta and State of Georgia, and all other persons who may hereafter associate with them in the manner hereinafter prescribed, are hereby constituted and declared to be a body corporate and politic, by the name of the Georgia Mutual Live Stock Insurance Company, with perpetual succession, and with power under this name to sue and be sued, have and use a common seal, and with all other powers enumerated in section 1679 of the Code of Georgia, published in the year 1882. Corporators. Name. SEC. II. Be it further enacted, That said company shall have the right and power to insure its members against loss arising from the death of domestic animals, caused by disease or accident, including fire and lightning, and for that purpose may assess and collect upon and from each other such sums of money, from time to time, as may be necessary to carry on the business of the company, and pay such losses as may occur to any member, by death of domestic animals. Corporate powers. SEC. III. Be it further enacted, That all persons who shall hereafter insure with said corporation, and also their heirs, executors, administrators and assigns, continuing to be insured in said corporation, as hereinafter provided, shall thereby become members thereof during the period they shall remain insured by said corporation, and no longer. Membership. SEC. IV. Be it further enacted, That every person who shall become a member of this corporation by effecting insurance therein shall, the first time he effects insurance, and before he receives

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his policy, pay the rates that shall be fixed upon and determined by the Board of Directors; and no premiums so paid shall ever be withdrawn from said company, except as hereinafter provided, but shall be liable to all the losses and expenses incurred by this company during the continuance of this charter. Payment of premiums. SEC. V. Be it further enacted, That the Board of Directors shall fix the rates of insurance, the sum to be insured, and the manner of applying for said insurance; the manner of forfeiting insurance, the admission fees paying the same, and all other details necessary to a proper management of said company; Provided, that assessments levied upon members or policy holders shall be no greater than is sufficient to meet losses sustained by the company from deaths of animals insured, and to defray the expense of collecting same, and investigating claims. Payment of insurance premiums. SEC. VI. Be it further enacted, That whenever an assessment is levied upon the policy holders or members of this corporation, a written or printed notice shall be mailed to each and every member or policy holder, directed to his or her postoffice address, as it appears upon the books of said corporation, stating the amount of said assessment, and allowing thirty days' time for the payment of same. Notice of assessments. SEC. VII. Be it further enacted, That if any member or policy holder of this corporation shall neglect or refuse or fail to pay his or her assessments or dues within the time allowed for the same, his or her policy shall thereupon be void and of no effect, and all moneys heretofore paid by such member or policy holder shall become the absolute property of this corporation; Provided, that such a forfeiture shall not release such defaulting member from liability for any assessment or dues payable and due at the time of default. Forfeiture of policy. Proviso. SEC. VIII. Be it further enacted, That any member or policy holder may discontinue his or her policy or membership by giving written notice thereof to the company, and by paying at the same time all assessments or dues accrued or levied up to the time of giving said notice, and by surrendering his or her policy to the corporation for cancellation. How policies may be discontinued. SEC. IX. Be it further enacted, That the members of this corporation shall be liable for the debts thereof only to the extent of their unpaid dues and assessments and fees, made and determined upon in accordance with the charter and by-laws of this company. Liability of stockholders. SEC. X. Be it further enacted, That all the corporate powers of said company shall be exercised by a Board of Directors, which shall consist of not less than nine nor more than eleven members, including the President, Vice President, Secretary and Treasurer. Board of Directors.

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SEC. XI. Be it further enacted, That the first Board of Directors shall be elected in the following manner: The incorporators of this company, as named in the first section of this Act, are hereby authorized and empowered, at a meeting called for the purpose, at some time within five years after the passage of this Act, to elect and appoint four persons, who shall be President, Vice President, Secretary and Treasurer, respectively, of said company, and said officers when so elected and appointed, shall, at a time within one year after their said election and appointment, at a meeting to be called for the purpose, name and appoint not less than five nor more than seven persons, who shall, in conjunction with themselves, the said officers, constitute the first Board of Directors of said company. Election of Directors. SEC. XII. Be it further enacted, That at the first meeting of said Board of Directors the said President, Vice President, Secretary, and Treasurer shall divide the whole number of directors, not including the Secretary, into two classes; the term of the first class shall expire at the end of one year; the term of the second class shall expire at the end of two years. The seats of these classes shall be supplied by the members of this corporation, a majority of votes being necessary to a choice, and the term of office of directors elected to supply the place of these expiring classes shall be two years. Term of office. SEC. XIII. Be it further enacted, That the President, Vice President, Secretary and Treasurer shall hold office for one year, and until their successors are elected and qualified; and after the first full term of office of said officers shall have elapsed and expired, their successors shall be elected by the directors of this corporation, a majority of those present, in person or by proxy, being necessary to a choice; Provided, such officers shall not be elected by said board except at a meeting, when a quorum shall be present, in person or by proxy. Term of office of other offices. SEC. XIV. Be it further enacted, That no member of this corporation shall be entitled to a vote at any election of directors unless he shall hold at the time insurance in said company of one hundred and fifty dollars in amount. Who may vote. SEC. XV. Be it further enacted, That all moneys received for entrance fees, policy and transfer dues shall be devoted to the payment of expenses, including veterinarian's commissions and salaries, as directed by the Board of Directors. The entire amount collected by assessments shall be used for the payment of approved death losses, except the amount necessary to defray expenses of making and collecting the assessments, and the cost of investigating claims. Disposition of funds received for entrance fees, dues, etc.

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SEC. XVI. Be it further enacted, That the Board of Directors, as aforesaid, shall have full power and authority to make all needful by-laws, rules and regulations for the government of said company, consistent with the laws and Constitution of the United States and State of Georgia, and shall have power to fill vacancies in their number, caused by death, resignation, or removal from the State. Powers of Board of Directors. SEC. XVII. Be it further enacted, That said corporation shall not have the right to carry on any other business except that of live stock insurance, as has been before specified; but it shall have the right to own all realty or personalty necessary or convenient in the operation of its affairs. Property rights. SEC. XVIII. Be it further enacted, That the operation and business of this corporation shall be carried on in the city of Atlanta, at such place as the directors may elect. Domicile. SEC. XIX. Be it further enacted, That the election of directors shall be held in Atlanta, Georgia, at the office of the company, on the third Wednesday of January of each year; Provided, that nothing in this section shall be held to conflict with the manner of electing the first Board of Directors, as is provided for in section 11 of this Act. The directors and members may act in person or by proxy. Annual meetings. 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 November 12, 1889. AMENDING THE CHARTER OF THE SAVANNAH FIRE AND MARINE INSURANCE COMPANY. No. 698. An Act to amend Section Ten (10) of an Act incorporating The Savannah Fire and Marine Insurance Company, approved August 24, 1881, so as to provide for authority to said company to insure against losses by tornadoes, cyclones, hurricanes, wind storms and lightning, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section ten (10) of an Act incorporating The Savannah Fire and Marine Insurance Company, approved August 24, 1881, be, and the same is

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hereby, amended by inserting after the word fire and before the word all, in the second line of said section, and after the word fire and before the word and, in the next to the last line in said section, the following words, to-wit: tornadoes, cyclones, hurricanes, wind storms and lightning, so that said section, when amended, shall read as follows: Sec. 5. That said corporation shall have authority to insure against losses by fire, tornadoes, cyclones, hurricanes, wind storms and lightning, all kinds of property, either real, personal, mixed or choses in action, and any right, title, interest or estate in the said property; also against all the hazards of ocean or inland navigation and transportation of every kind, for such premiums as it may determine; and said corporation shall be liable to make good and pay to the several persons who may insure in the same, for the losses they may sustain, in accordance, only, with the terms of the contract or policy issued by said corporation, and no policy or other contract of said company shall be binding, except it be signed by the President or Vice President and Secretary of the same; and said corporation shall have power to borrow money; to give such securities therefor as may be considered best; to invest its moneys, and transfer its property at pleasure; to do all acts it may deem advisable for the safe keeping and the secure and profitable investment of its funds; to make reinsurance of any risk that may be taken by it; to give to the holders of the policies of said corporation the right to participate in the net profits of the company to such extent, in such manner and upon such terms as it, through its Board of Directors, may deem proper, and generally to do all acts and things usually done in carrying on the business of fire, tornadoes, cyclones, hurricanes, wind storms, lightning and marine insurance, and to exercise all the powers ineident to insurance corporations. Amends section 10 of original charter. May insure against cyclones, storms lightning, etc. Policy holders may participate in profits. 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 November 12, 1889.

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TITLE V. TELEGRAPH COMPANIES. ACTS. Amending charter of the Darien Short Line Railroad, allowing construction of a telegraph line Incorporating the Empire Mills Telegraph Company. Amending charter of the Savannah, Americus and Montgomery Railroad so as to allow the construction of a telegraph line. AMENDING CHARTER OF THE DARIEN SHORT LINE RAILROADALLOWING CONSTRUCTION OF A TELEGRAPH LINE. No. 262. An Act to amend an Act, approved September 19, 1885, entitled an Act to incorporate the Darien Short Line Railroad Company so as to allow said corporation to construct, equip, purchase, lease and operate a Telegraph Line along and upon the right-of-way of said railroad. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Darien Short Line Railroad Company be, and they are authorized to build, construct, equip, purchase, lease and operate a telegraph line along the right-of-way of said road, and to use and operate the same for its own corporate business, and also for any other business entrusted to it by the public for commercial purposes, and to charge and collect reasonable rates therefor. Authorized to construct a telegraph line. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889.

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INCORPORATING THE EMPIRE MILLS TELEGRAPH LINE. No. 435. An Act to incorporate the Empire Mills Telegraph Company; to confer certain powers and privileges on the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Jesse C. Woodhull and C. K. Buckley, their associates, successors and assigns be, and they are hereby made a body corporate and politic, under the name and style of the Empire Mills Telegraph Company, and by that name shall have the right to sue and be sued; plead and be impleaded; to have and use a common seal; to make by-laws, rules and regulations for the government of the company; to appoint officers and agents; to buy, sell, mortgage, hold and convey real and personal property, and to have all the rights and privileges incident to corporations under the laws of this State, and necessary and convenient to carry on the business herein contemplated, not inconsistent with 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 company shall be one thousand dollars, with the privilege of increasing the same to three thousand dollars, which shall be divided into shares of one hundred dollars each; and such company may commence to do business whenever ten per cent. of the capital stock shall have been paid in. Capital stock. SEC. III. Be it further enacted by the authority aforesaid, That the business of said company shall be the constructing, maintainance and operating an electro magnetic telegraph and telephone line, and transmitting intelligence by means thereof, or by means of such other power as may be known and discovered, over wires or such other conductors as may be selected between the city of Darien and Cane Creek, in said county, and to demand, receive and collect such pay for the same as they may determine. Corporate powers. SEC. IV. Be it further enacted by the authority aforesaid, That said company shall have power and authority to contract with any person or persons or bodies corporate for the purpose of connecting its line with any other line or lines; and said company shall have power to extend its line from either Darien or Cane Creek to such other point or points in said county and State as it may deem profitable, not to interfere with the vested rights of others. May unite with other lines. SEC. V. Be it further enacted by the authority aforesaid, That said company shall have power and authority to enter upon the

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lands of any person or corporation and construct its line, including the erection of any and all necessary posts, poles, supports, fixtures and wires necessary to make and equip a telegraph and telephone line from said city of Darien to said Cane Creek, and shall pay to the owner or owners thereof just and reasonable compensation, which, when not agreed upon, shall be assessed and determined as provided for in section 1689 (l) of the Code. Right-of-way. SEC. VI. Be it further enacted by the authority aforesaid, That said company shall have power and authority to erect and maintain its line from the city of Darien to Cane Creek, in the county of McIntosh, over the route seeming most direct and advantageous; crossing streams by means of cables or otherwise, causing, however, no obstruction to navigation; and shall have power to set up and maintain their fixtures along, on and upon any road or roads, land or lands, cultivated or uncultivated, and along the bank or banks of any river or rivers, and across any marsh or marshes, and upon any of the highways of said county between the city of Darien and Cane Creek, and in and upon the street or streets of said city of Darien, subject only to the reasonable regulations of the municipal authority of said city. Route. SEC. VII. Be it further enacted by the authority aforesaid, That the privileges and immunities to be conferred by this charter shall commence as soon as ten per cent. of the capital stock shall have been paid in, and that said line shall be completed between said city of Darien and Cane Creek within one year from the date of incorporation; that said corporation shall continue for the full end and term of twenty years, and have its principal office in the said city of Darien, Georgia. Goes into effect. Term of charter. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889.

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AMENDING CHARTER OF THE SAVANNAH, AMERICUS AND MONTGOMERY RAILWAY SO AS TO ALLOW THE CONSTRUCTION OF A TELEGRAPH LINE. No. 815. An Act to amend the charter of the Savannah, Americus and Montgomery Railway, so as to authorize said corporation to construct a system of electro-magnetic telegraph along the line of its road; to operate the same itself, or to lease or sell the same to any individual or corporation; to charge for the transmission of messages, and to prohibit all persons from obstructing or interfering with said telegraph line. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the charter of the Savannah, Americus and Montgomery Railway be, and it is hereby amended as follows: Said corporation is hereby authorized to construct a system of electro-magnetic telegraph along the line of its railway, and so as to reach offices in any town or city; and to that end may purchase, own and use all necessary wires, poles, instruments and other appliances; to charge for the transmission of messages, and generally to have all the powers incident to a telegraph company. Charter amended so as to authorize construction of telegraph line. SEC. II. Be it further enacted, That the Savannah, Americus and Montgomery Railway may operate said telegraph line itself, or may lease or sell said line, and the franchises hereby granted to any individual or corporation; Provided, said lease or sale shall not have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly. May operate or lease its line. 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 November 13, 1889.

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TITLE VI. STEAMBOAT, CANAL AND NAVIGATION COMPANIES. ACTS. Incorporating the Altamaha and Sapelo River Canal Company. Renewing Charter of Turtle River and Buffalo Swamp Canal Company. Incorporating the Satilla River Transportation Company. Incorporating the Suwanee Canal Company. Incorporating the Montezuma and Flint River Steamboat Company. INCORPORATING THE ALTAMAHA AND SAPELO RIVER CANAL COMPANY. No. 259. An Act to incorporate the Altamaha and Sapelo River Canal Company. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, That Joseph Hilton, James L. Foster, Reuben K. Walker, James Walker, David S. Sinclair, Chares H. Hopkins and Livingston Kenan, and their associates and such other persons as may become stockholders in this company, be, and they are hereby, created a body politic and corporate, by the name and style of the Altamaha and Sapelo River Canal Company, and by that name may have, purchase and enjoy such real and personal estate as may be necessary for the purpose of carrying into effect the objects of this Act, or to the full and absolute enjoyment of the same, and by the said name may sue and be sued in any court of competent jurisdiction in this State; may have and use

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a common seal, and establish such rules and by-laws not inconsistent with the Constitution and laws of this State, as may be deemed proper and necessary for the government of said company. Corporators. Name. [Illegible Text] [Illegible Text]. SEC. II. Be it further enacted by the authority aforesaid, That said company shall have the right, and they are hereby authorized, to dig, construct and operate a canal, of such dimensions as it shall deem suitable, and from such point as it shall select on the Altamaha river, in said McIntosh county, Georgia, to such point as it may select on the Sapelo river, in said county. The true interest, object and intention of this Act being to encourage and authorize the opening of an artificial line of water communication for the purpose of transporting to the seaboard, and to market, the timber, lumber, naval stores and other products as may flow thereto, or exist along the line of said route. Corporate powers. SEC. III. Be it further enacted by the authority aforesaid, That said company shall have the exclusive privilege of constructing such canal over a section one hundred feet in width, both sides of the route, as set forth in the second section of this Act, and said exclusive privilege shall not be taken away from said company or its assignees; Provided, the line for the said canal is selected and marked within three (3) years from the passage of this Act, and that the work of construction is commenced within two (2) years thereafter, and finished within five (5) years thereafter. Right-of-way. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That said company shall have the right, and it is hereby given the power to select and take, purchase or receive, as donations or otherwise, such strips or parcels of land not exceeding two hundred feet in width along the route it may select, or that it may deem necessary for the proper construction, operation and management of the said canal; and in all cases of disagreement as to the value of said strips or parcels of land so taken, purchased or received, between said company and the owner or owners thereof, it shall be lawful for each party to select an arbitrator, the two arbitrators selected shall select the third arbitrator, who shall examine the said land sought to be appropriated for the use of said company, and award in writing the amount of damages, if any, to be paid by said company, either party having the right, if dissatisfied with the award of said arbitrators, to appeal to the Superior Court of the county, under the rules and regulations which apply to appeals generally; and upon payment of damages so assessed, a right to use such strips or parcels of land shall vest in said company. Disputed right-of-way. Arbitrators Appeal. SEC. V. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be fifty thousand dollars,

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but may be increased to one hundred thousand dollars if said company shall deem such increase necessary to complete said canal or expedient for the better operation of the same; and the said capital stock may be divided into such number of shares as said company may fix and determine by its by-laws, authorized in the first section of this Act. Capital stock. SEC. VI. Be it further enacted by the authority aforesaid, That the stockholders aforesaid shall be bound in their private capacity to any creditor of said corporation for the amount of stock subscribed for by them until said subscription is fully paid up, or until the stockholder shall have paid out of his private property debts of the corporation to an amount equal to his unpaid subscription; and to that extent a judgment obtained against the company shall be a valid lien upon the individual property of such stockholder; and if an execution against the company shall be returned with an entry by the proper officer of no corporate property to be found, it may be levied on the private property of such stockholder, and collection to the extent of his liability enforced as other executions in this State. Liability of stockholders. SEC. VII. Be it further enacted by the authority aforesaid, That this Act shall continue in force thirty (30) years from the date of its passage. Term of charter. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws conflicting with this Act be, and they are hereby repealed. Approved September 9, 1889. RENEWING CHARTER OF THE TURTLE RIVER AND BUFFALO SWAMP CANAL COMPANY. No. 299. An Act to renew and extend the charter of the Turtle River and Buffalo Swamp Canal Company, and for other purposes. WHEREAS, By Act of the General Assembly of the State of Georgia, approved March 6, 1875, the Turtle River and Buffalo Swamp Canal Company was incorporated a body politic, with power to construct and operate a canal through the Buffalo and Turtle River Swamps to a point on Turtle River, in this State, for rafting timber through said canal, and for other purposes; and,

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whereas, the said Act provided that work should be commenced on said canal within three (3) years, and completed within five (5) years, from the passage thereof; and, whereas, the said company have been unavoidably prevented from commencing and prosecuting said work; therefore, Preamble. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the said Turtle River and Buffalo Swamp Canal Company, approved March 6, 1875, is hereby continued, renewed and extended as follows, to-wit: That the time for commencing work on said canal is hereby extended to January the first (1st), eighteen hundred and ninety-five (1895), and the time for completing the same to January the first (1st), nineteen hundred (1900); Provided, that nothing herein contained shall be construed to revise or continue in force the sixth section of said Act. Charter renewed. SEC. II. All laws and parts of laws in conflict with this Act are hereby repealed. Approved September 19, 1889. INCORPORATING THE SATILLA RIVER TRANSPORTATION COMPANY. No. 412. An Act to incorporate the Satilla River Transportation Company, and to provide sufficient privileges and powers for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Joseph H. Scarlett, Julian King, Leonidas T. McKinnon, John A. Ward, Frances M. Scarlett, David P. Rose, A. M. Peeples, J. J. Green, F. A. Whitford, Charles Green, John S. Russell and I. J. Griffin, all of the county of Camden, and State of Georgia, 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 and by the corporate name and style of Satilla River Transportation Company, with power under said name and style, of suing and being sued, and of pleading and being impleaded, in all the courts of this State and elsewhere; to have and use a corporate seal, with power to alter,

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amend, change, destroy and renew the same at their will and pleasure; to make all contracts of any nature whatever, not prohibited by the laws of the land of force in this State, and which may be pertinent or consistent with the objects or purposes, or powers, or privileges of said corporation; to hold, use and enjoy all such real and personal property as may be necessary to, and will advance the interest of said corporation, together with all such other powers as are herein conferred, as well as those which, by the laws of this State, are conferred generally on corporations. Corporators. Name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That said corporation be, and it is hereby authorized and empowered to build for its own use, equip and fit out, purchase, or procure by any other legitimate means, whether by charter or purchase, any number of vessels, sailing crafts or boats of any lawful structure or style, to be propelled or operated by steam or otherwise, and to operate and use the same as aforesaid, by their officers, agents and servants, in the transportation of passengers, freights and mails, and every other lawful commerce; and likewise to operate the same in any other lawful use or industry to which the same may be adapted, in the State of Georgia and elsewhere, but especially between the parts of Savannah, in Chatham county, Georgia, and Brunswick, in Glynn county, Georgia, and so far up the Great Satilla river, of said State, as the same may be navigable now, or at any time in the future, for any vessel, boat or craft which said corporation may now, or may, at any time in the future have; and in all neighboring waters and ports to said ports and the waters above stated; and to build, equip, fit out or purchase all wharves, warehouses, or other structures, or improvements, or landings that may be necessary to the safety or convenience of the business of said corporation. And for all services rendered by said corporation in the progress and execution of said powers, the power is hereby given to the same to make reasonable charges and collect the same. Also, power is hereby given, both for and against said corporation, to enforce and collect all lawful demands, liabilities and debts, by suit or otherwise, whether the same shall arise by contract, tort or otherwise. Corporate powers. Route. Traffic privileges. SEC. III. Be it further enacted by the authority aforesaid, That the principal office of said corporation shall be at Owens' Ferry, in the county of Camden and State of Georgia; but said corporation, by its Board of Directors hereinafter provided for, may establish agencies wherever they may consider the business of the corporation demands such agencies. Principal office. SEC. IV. Be it further enacted by the authority aforesaid, That

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the capital stock of said corporation shall be forty-five hundred dollars, and be divided into forty-five shares of the value of one hundred dollars each; but said corporation, by a vote of a majority of the shares subscribed by the stockholders, and entitled to be voted, may increase said capital stock, at any time, to any sum not exceeding twenty thousand dollars. Capital stock. SEC. V. Be it further enacted by the authority aforesaid, That the stock, property and concerns of said corporation shall be managed and controlled by and through five directors, who shall be, respectively, stockholders in said corporation, and a majority of whom shall reside in this State, and who shall, after the first year of the existence of said corporation, be annually elected by the stockholders, at such time and place as shall be prescribed by the by-laws of the corporation. The following persons, to-wit: Joseph H. Scarlett, John J. Green, John S. Russell, Julian King and David P. Rose, be, and they are hereby, appointed directors of said corporation for the first year, and until their successors are elected and take their places. The first election for directors of said corporation by the stockholders shall be held at the principal office of said corporation on the second Monday in October, A. D. 1890, between the hours of ten o'clock a. m. and four o'clock p. m. of said date. The five stockholders receiving the highest numbers of votes at such elections shall be declared elected directors. Said directors shall elect from among their number a President and Secretary, and such other officers as may be provided for in the by-laws of said corporation. Provisional Directors. Annual elections. SEC. VI. Be it further enacted by the authority aforesaid, That said directors shall issue certificates of stock for each share thereof, signed by said President and Secretary, to such persons as may be entitled to the same; and, from time to time, after certificates of forty-five shares have so issued, to issue such other certificates, so signed, to such other or the same persons as they may be directed to do by the stockholders. All elections affecting the business of said corporation or in any way concerning the same shall be held by ballot, and a majority of the votes cast at all such elections shall, in all cases, carry and determine the question being voted upon. And any stockholder entitled to a vote may, in all cases, vote in person or by proxy properly executed in writing and witnessed by one witness who shall be some officer of said corporation or some officer of this State authorized by law to administer an oath. And each stockholder shall be entitled to so many votes in such elections as the books of said corporation shall show him to be the holder of shares of stock, each share being entitled to one vote; Provided,

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that there are no unpaid demands against such share for the subscription money promised on the same, and in such event such stockholder shall not be entitled to a vote by virtue of such share. No share of said capital stock shall be assigned except upon the books of said corporation in such manner as may be prescribed by the by-laws of said corporation, and no share shall be assigned until all previous calls thereon shall be fully paid. The said President and directors are not required to demand, immediately, the cash from the stockholders for the full payment of their respective shares, but may demand such sums at any time upon each share as they may desire and leave the balance to be paid at the option of the stockholder or upon the future demands of the President and Directors. And if, upon any demand of said President and Directors upon any stockholder for any sum of money subscribed by him or any person under whom he claims, or any share of said stock, said stockholder shall fail to pay such sum at the time and place required, said President and directors shall make a second demand on him for the same; and said second demand shall be in writing and shall be served upon him in person or by registered letter directed to his usual postoffice, and said service to be made by the Secretary of said corporation, or any person performing the duties of that office, and if, after such service, any portion of said sums so demanded remains unpaid for the term of twenty days after said service, which shall date from the registering of the letter or said personal service, the said share against which said demand was made shall, by operation of law, revert to said corporation, and the previous sums paid upon the same, whether in money or capital, shall be retained as the property of said corporation; Provided, that if the sums so demanded shall be recovered by action or otherwise by said corporation, said share shall be restored to said stockholder with all the rights and liabilities formerly attached to the same. Certificates of Stock. Proxies. Transfer of stock. Subscriptions may be paid in installments. Forfeiture of stock. SEC. VII. Be it further enacted by the authority aforesaid, That the President and directors of said corporation shall have power to fill all vacancies which may occur by resignation or otherwise in said board between the annual elections by stockholders; to fix by their by-laws the regular times and places for the meetings of their body; and at any time to have special meetings upon the call of the President; to conduct and control all the business and affairs of said corporation, except as to matters expressly ordered otherwise by the stockholders in meeting assembled; to make all contracts and to appoint all officers and agents necessary, in their opinion, for conducting the business, and to fix the salaries and compensation of the same; and to confer on them, or any of them, any

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power or authority touching the business for which which they may be employed; to make such reasonable by-laws, not inconsistent with the laws of this State or the laws of the United States, as they shall deem proper for the management of the business and the management and disposition of the property, affairs and concerns of said corporation; to declare such dividends, from time to time, as the earnings of the said corporation may warrant, and shall exercise, all and singular, other powers usually exercised by the directors of a corporation in controlling the affairs of the same; Provided, nevertheless, that the stockholders, in convention, shall have power to regulate and limit the discretionary power conferred on the Board of Directors, or repeal, alter or amend any by-laws or regulations which may be enacted or established by said Board of Directors. Powers of Board of Directors. Proviso. SEC. VIII. Be it further enacted by the authority aforesaid, That the several stockholders in said company shall, in their private capacity, be individually bound to any creditor of the company for the amount of stock subscribed for by him until such subscription is fully paid up, or until such stockholder shall have paid out of his private property debts of said company equal to his unpaid subscription, and not otherwise. Liability of stockholders. SEC. IX. Be it further enacted by the authority aforesaid, That upon the written application of any three or more stockholders of said corporation to the President thereof, for any special meeting of said stockholders, in any case where the business or interests of said corporation may demand the same, it shall be the duty of said President to issue a call for such meeting, and to see that all the stockholders are notified of such meeting, under such provision as may be made for giving such notice, under the by-laws of said corporation; and the power to hold such special meetings is hereby vested in said corporation. Special meetings. SEC. X. Be it further enacted by the authority aforesaid, That this charter and Act of incorporation shall continue and be of force for the term of fifty years from the date hereof. Term of charter. SEC. XI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with or militating against this Act be, and the same are hereby repealed. Approved October 16, 1889.

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INCORPORATING THE SUWANEE CANAL COMPANY. No. 479. An Act to incorporate the Suwanee Canal Company, and to grant certain powers and privileges to the same, and to authorize the Governor to sell and convey to said Company all of the lands in the Okefenokee Swamp and vicinity, now belonging to the State, and for other purposes therewith connected. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Frank W. Hall, Marshall A. Phillips, and their associates, successors and assigns, be, and they are hereby incorporated, with perpetual succession, under the name and style of the Suwanee Canal Company, and by that name they and their associates, successors and assigns, as a body corporate and politic, may sue and be sued in all courts of Georgia, or in any place whatsoever having competent jurisdiction over any matter, dispute or transaction touching the business affairs of said company; may make by-laws, rules and regulations for its government not inconsistent with the laws and Constitution of the State, or the United States; may make contracts and be contracted with, purchase and receive, have, hold, possess, use and enjoy such real and personal property as may be necessary and proper for the use of said company, and to sell the same, and may do all acts incident to a corporation and necessary and proper for the transaction of the business for which it is incorporated; may determine as to the number of Directors, and style and character of the officers, time and mode of electing them, and the place or places of the principal office and branch offices for transacting its business; and may have and use a common seal, and alter and destroy the same at pleasure. But the Governor shall, within ten days after the passage of this Act, advertise for bids for the lands of the State in and adjoining the Okefenokee Swamp, for sixty days, in the Atlanta Constitution, Macon Telegraph, Savannah Morning News, and in one paper in each of the following States: New York and Florida. The bids shall be sealed and sent to the Governor, who shall open the same after the expiration of the time for advertising, and the highest bidder shall become incorporated under the provisions of this Act as the Suwanee Canal Company, instead of the incorporators herein named. But no bid shall be received which is not higher than twelve and one-half cents per acre. Corporators. Name. General powers. Authorizing sale of Okefenokee swamp.

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SEC. II. Be it further enacted, That the capital stock of said company shall be one million dollars, to be divided into one hundred thousand shares of ten dollars each, which said capital stock may be increased to a sum not exceeding five million dollars. Capital stock. SEC. III. Be it further enacted, That for the purpose of draining and reclaiming the lands of the Okefenokee Swamp and vicinity subject to overflow, said company is hereby granted the right, power and authority to build, construct, own and maintain a system of drainage canals leading into, through and from the Okefenokee Swamp and vicinity, of such dimensions as it shall deem necessary for drainage and reclaiming purposes: and shall have the exclusive right of operating and maintaining such canals for and in connection with the business of said company; and the said company shall have full power to make such rates and to receive and collect such tolls and charges as may be just and lawful for every kind of transportation on or through their system of drainage canals and upon such streams not now navigable as the said company may open and improve as outlets for the same. Corporate powers. SEC. IV. Be it further enacted, That should it become necessary in the building and construction of said canal, for the drainage of the lands of the said Okefenokee Swamp and vicinity subject to overflow, to build and construct the same through private lands, and into or along any rivers, creeks and streams to be used as outlets and made a part of said canal system of said company for such drainage purposes, or for and in connection with the business of said company; that said company shall have the power to select and take, purchase or receive as donations, or otherwise, such strips or parcels of land not exceeding one hundred yards in width on each side of such canal or canals, rivers, creeks or streams along the route they may select for such canals, and along such portions of the streams as they may choose to open and improve as outlets; and in case of disagreement as to the value of said strips or parcels of land between said company and the owner or owners thereof, it shall be lawful for said company to select one person and the owner or owners thereof to select another, and these two to select a third, all of whom shall be disinterested freeholders of the county; and the three thus selected shall constitute a Board of Arbitrators. In the event the owner or owners of said land shall refuse or neglect to choose an arbitrator, then the Ordinary of the county in which said land is located is hereby authorized and required to select such person for said owner or owners, and such person so selected, together with the arbitrator selected by the said company, shall select a third, and the three thus selected shall proceed to make the award

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as herein provided. They, shall examine the land sought to be appropriated for the use of said company and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county under the rules and regulations which apply to appeals generally in said court; and in all cases such arbitrators and the jurors of such Superior Courts, in addition to the usual oath, shall be sworn in assessing damages to take into consideration the prospective value to the land and premises through which the said canals or streams opened and improved as outlets may run by reason of the drainage and other advantages offered thereby, and to have evidence touching the same; and upon the payment of damages so assessed a fee simple title to such strips or parcels of land shall vest in said company. Provided further, That nothing herein contained shall be construed to give to said company the right to obstruct or in any manner interfere with free navigation upon the portions of the rivers, creeks and streams into or along which they construct or build their said canals, or open and improve as outlets for the same, as are at present navigable. Right-of-way. Arbitrators Award. Appeal. Proviso. SEC. V. Be it further enacted, That whenever said system of drainage canals shall interesect a public road, the company shall build a safe and substantial bridge and keep the same in repair; and all and any public or private bridges may be at any time built across the canals and waterways of said company and free access thereto and across the same allowed by the company; Provided, such bridges shall be so constructed and used as not to obstruct or incommode the use of said canal and waterways by said company. When canal intersects public roads bridges must be built. SEC. VI. Be it further enacted, That it shall not be lawful for any person or persons whatever to throw earth, rubbish, trees, logs, stones, or any other matter or thing whatsoever into said canal or waterways of said company, or injure in any way whatever the same, or anything pertaining thereto; and any person or persons so offending shall be deemed guilty of a misdemeanor, and on conviction thereof be punished as prescribed in Section 4310 of the Code of Georgia, and shall also be liable in a civil suit to the said company for such damages as may be sustained thereby. Penalty for throwing logs, stones etc., into canal. SEC. VII. Be it further enacted, That the corporators herein named shall deposit with the Treasurer of the State Five Thousand Dollars within sixty days after the passage of this Act, and all bids by other persons shall be accompanied by a deposit of like amount; and if the person or persons whose bid is accepted, or the hereinbefore named corporators, if no bids offered and accepted, shall fail to have a survey made, as herein provided, the amount

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of said deposit shall be forfeited to the State. The said Suwanee Canal Company shall immediately enter upon and survey the lands hereinbefore described by a competent Surveyor or Surveyors, to be selected by the Governor. Said Surveyor or Surveyors shall accurately survey, measure, plat, and map the same, and report the same to the Governor. Deposit required from bidders. SEC. VIII. Be it further enacted, That on or before the first day of July, 1890, the said Suwanee Canal Company shall deposit with the Treasurer of the State the further sum of twenty thousand dollars, ($20,000), which sum shall be forfeited to the State by the said company; Provided, The terms of the purchase, hereinafter provided for, are not complied with by said company. In case the forfeiture aforesaid shall be made to said company, the survey and plats hereinbefore provided for shall become the property of the State. Additional deposits required. Proviso. SEC. IX. Be it further enacted, That should said company make the deposit, as hereinbefore provided for, the Governor shall be authorized, and it is hereby made his duty, to sell and convey to said company all the lands in the Okefenokee Swamp, or its vicinity, as shown by the aforesaid survey to belong to the State, granting the same and all right and title thereto to said company, its successors and assigns forever, in fee simple, for and in consideration of the price of twelve and one-half cents per acre; Provided, a higher bid is not made; but if a higher bid is made, then at the price of the highest bid for the land as shown by the aforesaid survey to belong to the State, and to be conveyed as aforesaid; which price or sum shall be paid by said company in lawful currency into the Treasury of the State on the execution and delivery of the deed or grant to be made by the Governor. The amount of the deposits, hereinbefore provided for, shall be taken as a part of the price or sum to be paid for said lands, if not forfeited as hereinbefore provided, and to be credited thereon. The entire payment of the purchase money for said lands shall be made on or before the first day of January, 1891; and, in case said purchase money is not paid on or before said date, then the sum deposited shall be forfeited to the State, as hereinbefore provided, and all the rights, powers and privileges herein granted to said company shall cease, determine and be void; Provided, however, That nothing in this Act contained shall be construed to work a forfeiture by said company of the deposits made, as aforesaid, or of any of the rights, powers and privileges granted to said company under this Act by reason of a failure on the part of the surveyor or surveyors to complete the surveys and plats, as herein provided for, and to report and file the same with

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the Governor before the said first day of January, 1891; and if, for any reason, said surveys, plats and reports are not made and filed with the Governor by said date, then and in that event, said company shall have the right to complete the purchase, as herein-before provided for, at any time within sixty days after said surveys, plats and reports are so made and filed with the Governor. The Governor authorized to sell the lands in Okefenokee swamp. Payment of purchase money. Proviso. SEC. X. Be it further enacted, That should said company make the deposit aforesaid, it shall have the right to immediately commence the work of draining and reclaiming the lands of the said Okefenokee Swamp and vicinity by, and through its system of draining, canals and waterway outlets, and to prosecute the same until the first day of January, 1891, when, if by the said time the terms of the purchaser hereinbefore provided for shall have been completed, their right to continue said work shall become absolute. But should said company fail to complete the terms of the purchase aforesaid on or before said time, that then, in addition to the forfeiture of the sums aforesaid to the State, as well as all rights to the surveys and plats provided for, said Company shall forfeit all its drainage canals and waterway outlets, and all work done thereon, to the State, and all the rights, grants, powers and privileges of said Company, under this Act, shall cease, determine and be void. Authority to commence work. Forfeiture of charter. SEC. XI. Be it further enacted, That the said Suwanee Canal Company shall have full power to build, construct and equip, pikes, tramways, steam dummy lines, telegraph and telephone lines, boats, barges, tugs and other crafts, and to own and operate the same for the transaction of the business of said company, and for transportation purposes, and to receive and collect such tolls and charges as may be just and lawful. Transportation privileges. SEC. XII. Be it further enacted, That this Act shall be taken and deemed as a public Act, and shall be liberally construed for carrying the purposes aforesaid into effect. SEC. XIII. Be it further enacted, That in case there should be discovered deposits of phosphate rock within the territory to be hereby granted or sold, said corporation and its successors and assigns shall pay the State a royalty of one dollar per ton for every ton sold, as is provided for by existing laws in the case of lands belonging to the State where phosphate deposits are discovered and worked. Proviso as to phosphate rock. 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 October 29, 1889.

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INCORPORATING THE MONTEZUMA AND FLINT RIVER STEAMBOAT COMPANY. No. 549. An Act to incorporate the Montezuma and Flint River Steamboat Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Elijah B. Lewis, Jas. M. Brown, J. E. DeVaughn, J. W. McKinzie, H. L. Hill, F. T. Rape, J. J. Murry, Jno. W. Haygood, W. P. Maxwell, their associates, successors and assigns be, and they are hereby constituted a body corporate and politic, by the name and style of the Montezuma and Flint River Steamboat Company, and by that name and style may sue and be sued, plead and be impleaded; may have and use a common seal, and the same break, alter, and renew at pleasure; and may make such by-laws, rules and regulations as they may deem necessary or proper, not inconsistent with the Constitution and laws of the United States, or of this State. Corporators. Name. General powers SEC. II. Be it further enacted, That the said corporation shall have power and authority to run a steamboat or boats upon the Flint river or waters, for the purpose of transporting passengers, freights, goods, wares, or merchandise, and doing any other business usual or customary with said companies, and may have, hold, use, enjoy, and sell, barter or exchange any property, real, personal or mixed, that may be necessary or proper in carrying out the purposes of its organization. Transportation privileges. SEC. III. Be it further enacted, That the capital stock of said company shall be three thousand dollars, to be divided into shares of twenty-five dollars each, and for which certificates of stock shall be issued, signed by the President and Secretary of the Board of Directors, but said company shall have the privilege at any time, by a vote of a majority of the shares of stock, to increase the capital stock to any amount not to exceed ten thousand dollars. The shares of stock shall be transferable only upon the books of the company, in person or by attorney. Said company may commence business when half of said capital stock of three thousand dollars shall have been paid in. Capital stock. Authority to commence business. SEC. IV. Be it further enacted, That said company shall have power to borrow money and secure the same by mortgage on, or

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conveyance of, its property and franchises, and may make any other contract that may be necessary in carrying on this business; the company shall be responsible to its creditors to the full extent of its property and assets, and to the amount of their unpaid subscriptions, and each member shall be only responsible to the creditors of said company for his individual unpaid subscription. Loans and mortgages. Liability of stockholders. SEC. V. Be it further enacted, That the business and affairs of said company shall be managed by a President and Board of Directors, not less than five, to be selected by said company from among its stockholders, at such time, for such terms and with such duties as the stockholders of said company may prescribe. Any necessary or proper agents, servants or employes may be engaged, or hired, as may be deemed advisable by said stockholders, or President and Board of Directors, at such compensation as said company may authorize. In any meeting of said stockholders, each share of stock shall be entitled to one vote, and the stock of any absent stockholder may be represented and voted by proxy, and the President and three members of said Board of Directors shall be necessary to constitute a quorum of said board. President and Board of Directors. SEC. VI. Be it further enacted, That the principal place of business of said corporation shall be in the city of Montezuma, in the county of Macon, in this State; but agencies may be established and conducted at such other place or places as the business of said company may require. Principal office. 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 November 4, 1889.

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TITLE VII. MISCELLANEOUS. ACTS. Incorporating Grand Lodge United Southern Israelites. Amending Charter Cherokee Wesleyan Institute. Incorporating Southern Travelers' Association. INCORPORATING GRAND LODGE ORDER OF UNITED SOUTHERN ISRAELITES. No. 768. An Act to incorporate the Grand Lodge Order of United Southern Israelites. WHEREAS, The incorporators hereinafter named, and other persons associated with them, have formed an association and were incorporated by the Superior Court of Chatham county under and by the name of Order United Southern Israelites, the object of said association being the moral, mental and social elevation of its members; for purposes of charity and benevolence; for the alleviation of the sick and distressed members thereof, and for the purpose of providing endowments for the benefit of its members and the widows and orphans of deceased members; and, Preamble. WHEREAS, It is desired to extend the benevolent objects of the association throughout the State of Georgia and other Southern States; now, therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That aac G. Haas, Lehman Putzel, Jacob Gardner, Emile Newman,

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Samuel Herman, S. L. Lazaron, Solomon Cohen, B. H. Levy, Charles Brant, I. H. Solomons, I. G. Schwarzbaum, Jonathan Stern, A. P. Solomons, Joseph Roos, Jacob Weichselbaum, and such other persons as may be hereafter associated with them and their successors, being members of the said Order United Southern Iraelites, be, and they are hereby, declared a body corporate and politic under the name and style of Order United Southern Israelites, and by that name shall have continued and perpetual succession for thirty years, and may at all times hereafter have power to acquire by purchase, gift, donation or in any manner whatsoever, and to hold, employ, manage and deal with property, real, personal and mixed, situated in or out of the State of Georgia, and the same, at pleasure, to convey, transfer or dispose of in such manner, not inconsistent with law, as they may think proper. Corporators. Name. General powers. SEC. II. Be it further enacted, and it is hereby enacted, That the said corporation and its successors, by the name aforesaid, shall, and they are hereby authorized to have and use a common seal, and to change the same at pleasure, and by its corporate name aforesaid to sue and be sued, to plead and be impleaded, to answer and be answered unto, defend and be defended in any court of law or equity; and also ordain, establish and alter at pleasure such by-laws, rules and regulations as may be deemed necessary and convenient for the management of said corporation or for the government thereof, not inconsistent with the laws of the land. Corporate powers. SEC. III. Be it further enacted, That said corporation may adopt such laws, not inconsistent with the laws of Georgia, as it may think proper for the election of officers; for prescribing the terms and mode of constituting membership in said corporation; for the regulation and government of its affairs; for constituting and governing subordinate lodges; for the management and disposition of its endowment fund, and the regulation of its endowments and benefits to be paid to its members, or to the widows and orphans of such members; and said corporation is hereby authorized to do every other act or thing, and to have and exercise all such other rights and privileges, not inconsistent with law, as a corporation and body politic may do and lawfully execute, and which may be necessary or proper to promote the objects, designs and purposes for which the said corporation is created. Rules, regulations and by-laws. SEC. IV. Be it further enacted, That it shall be lawful for said corporation to hold any of its meetings in any of the States, Territories or district to which the jurisdiction of said Grand Lodge may be hereafter extended. Meetings.

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SEC. V. Be it further enacted, That said corporation may establish such mutual life insurance and endowment by-laws, rules and regulations, not inconsistent with the laws of the land, for its insurance and endowment departments as may be prescribed by its Grand Lodge, and such insurance and endowment features as has been or may be established by said body, is hereby authorized, sanctioned and approved. Insurance and endowment privileges. 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 November 13, 1889. AMENDING CHARTER OF CHEROKEE WESLEYAN INSTITUTE. No. 790. An Act to amend an Act entitled an Act to incorporate the Cherokee Wesleyan Institute, approved February 11th, 1854, located at Cave Springs, and for other purposes herein named. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That in section 6 of said Act, the words, That the number of trustees shall be composed of twenty-one, be stricken out, and the following substituted therefor, viz: That the Board of Trustees shall consist of nine members, as follows: D. W. Simmons, W. B. Sims, W. O. Connor, J. C. Watts, H. W. Sewell, J. H. Ray, T. J. Ellis, W. D. McCollum and D. H. Copeland. Amends section 6 of original charter. SEC. II. Be it further enacted, That all laws and parts of laws conflicting against this Act be, and the same are hereby repealed. Approved November 13, 1889.

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INCORPORATING SOUTHERN TRAVELERS ASSOCIATION. No. 806. An Act to incorporate the Southern Travelers Association. SECTION I. Be it enacted by the General Assembly of Georgia, That Dean Newman, Henry L. Atwater, Jacob Burkheim, Cary B. Townsend, M. A. Davis, John M. Robinson, George Collier, Edward A. Isaacs, Jule Solomon and Frank J. Moses, their associates and successors are hereby incorporated and made a body politic for the term of twenty (20) years, with the privilege of renewal thereafter, under the name of the Southern Travelers Association. Corporators. Name. SEC. II. Be it likewise enacted, That said corporation shall have the right and power to transact the general business of furthering the interests of its members in the way of securing for them better hotel and railroad accommodations, cheaper rates of travel and lower rates for baggage; improving the morals of commercial travelers as a profession, and establishing friendly fellowship between traveling men; assisting in obtaining employment for unemployed members, and aiding in relieving needy members or families of deceased members; establishing suitable exchanges or headquarters at various places for the use and benefit of its members; organizing subordinate branches at such points as they may see fit, and conducting a general life and accident insurance business; and said corporation shall have the further power to effect any purchases or alienations of real or personal estate; to own, rent, lease or mortgage, bond or otherwise encumber the same; to make all contracts incident to its business; to issue charters to subordinate branches; to sue and be sued; to have and use a common seal, and to make all by-laws, rules and regulations not inconsistent with the laws of Georgia and the United States. Corporate powers. SEC. III. Be it likewise enacted, That the capital stock of said corporation shall be not less than one thousand dollars ($1,000), all of which is to be actually paid in; and said capital stock may be increased to any sum not exceeding one hundred thousand dollars ($100,000) and the par value of each share shall be five dollars ($5). Capital stock. SEC. IV. Be it likewise enacted, That the principal office and place of business of said corporation shall be located in the city of Savannah, Georgia, for the present; but said corporation shall have the power at any general convention of the association to change the

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headquarters and principal office of the corporation from one city to another, and as they may deem best; Provided, however, that the location of said principal office of said corporation shall not be for less than twelve months in any city so selected by said association; and be it further enacted, that the officers of said corporation shall consist of a President, several Vice-Presidents, a Secretary and Treasurer, a board of not less than six directors, and such other officers and agents as said corporation may elect from time to time. Principal office. Proviso. Officers. SEC. V. And be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 13, 1889.

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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. TITLE IX.LIQUOR TRAFFIC. TITLE X.SALE OF FARM PRODUCTS. TITLE XI.MISCELLANEOUS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Amending charter of Thomson. Defining boundaries of Rose Hill annex to Columbus. Incorporating town of Colquitt. To submit disposition of Mobile and Girard bonds to voters of city of Columbus. Amending Act to make valid subscriptions of Columbus to Mobile and Girard Railroad. Incorporating town of Bruton. Confirming grant of city of Savannah to Savannah Volunteer Guards. Incorporating town of Lovett. Amending charter of city of Albany. Amending charter of city of Milledgeville. Incorporating town of McRae. New charter for Statesboro. Amending charter of Camilla. Authorizing Mayor and Council of Columbus to make title to Columbus Gas Company. Incorporating town of Lumber City. Amending charter of LaGrange. Amending charter of the city of Atlanta. Extending corporate limits of Hartwell. Amending charter of Griffin. New charter for Buena Vista ratified. Amending charter of Eastman. Amending charter of Chauncey. Amending charter of Chauncey. Extending corporate limits of Eastman. Amending charter of Cairo. Confirming grant by city of Savannah to Andrew Hanley. Establishing system of sewerage for Waycross. Incorporating town of Parrott. Reducing corporate limits of Shellman. Incorporating town of Mineral Bluff. Amending charter of Jefferson.

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Amending charter of city of Macon. Authorizing city of Macon to pave and park its streets. Amending charter of Hawkinsville. Incorporating town of Richland. Authorizing City Assessors for Milledgeville. New charter for Thomasville. Incorporating town of Adel. Amending charter of Colquitt. Authorizing Board of Commissioners of Louisville to purchase tract of land. Authorizing city of Athens to pave streets. Regulating storage of guano in Covington. Incorporating town of Coleman. Incorporating town of Jenkinsburg. Authorizing city of Savannah to establish harbor lines. Repealing charter of South Rome. Extending the corporate limits of Fairburn. Incorporating town of Moreland. Incorporating town of Hilton. Amending charter of Maysville. Incorporating town of Meigs. Incorporating town of Metcalfe. Amending charter of Greensboro. Authorizing Dublin to grant use of street to any railroad. Amending charter of Athens. Amending charter of city of Dalton. Amending charter of Monticello. New charter for Waycross. Amending charter of West End. Amending charter of Augusta. Authorizing municipal courts of Athens to impose fines. Amending charter of Hartwell. Amending charter of Monroe. Authorizing Mayor and Aldermen of Milledgeville to issue bonds. New charter for Buchanan. Incorporating town of DeSoto. Incorporating town of Coney. Amending charter of city of Atlanta. Authorizing Samuel Walker to construct Water Works in Milledgeville. Changing corporation line of Waresboro. Amending charter of Elberton. New charter for city of Americus. Amending charter of Marietta. Incorporating city of Emerson. New charter for Cedartown. Amending charter of Athens. Amending Act extending corporate limits of Columbus. Amending new charter for city of Atlanta. Amending charter of Valdosta. New charter for Tallulah Falls. Incorporating town of Willacoochee. Amending charter of Guyton. Extending corporate limits of Newnan. Creating office of Recorder for Oxford. Amending charter of Brunswick. New charter for Norcross. Incorporating town of Shady Dale. Amending charter city of Macon. Incorporating village of Harrisouville. New charter for DuPont.

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Incorporating Sandy Springs Church and Camp Ground. Incorporating town of Walesca. Amending charter of Ellijay. Incorporating town of Stillmore. Extending corporate limits of city of Columbus. Amending charter city of Dalton. Amending charter of Adairsville. Amending charter of city of Brunswick. Authorizing Mayor and City Council of Forsyth to issue bonds. Incorporating town of Porter Mills. Incorporating city of Demorest. Incorporating town of Hillsboro. Amending charter of LaFayette. Re-districting city of Savannah. Amending charter of Summerville. Defining corporate limits of Sparta. Amending new charter of Atlanta. Defining southern boundary of Oxford. AMENDING CHARTER OF THOMSON. No. 169. An Act to consolidate, amend and supersede the Acts incorporating the town of Thomson, in the county of McDuffie; to provide for Mayor and Councilmen; define their powers and duties; repeal conflicting laws, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act incorporating the town of Thomson entitled An Act to incorporate the town of Thomson, in the county of Columbia, and to appoint Commissioners of the same, and to point out the mode of electing commissioners and other officers of said town, and to confer certain powers on the Commissioners thereof, and for other purposes therein mentioned, approved December 16, 1859; and the Act amending said incorporating Act, approved August 22, 1872, and the Act amending said incorporating Act, approved February 22, 1875, and all other Acts amendatory of said incorporating Act be, and the same are hereby, repealed, and the following shall be the charter of the town of Thomson, in the county of McDuffie. Repeals original charter. SEC. II. Be it further enacted, That the town of Thomson shall continue to exist under the name and style of the Mayor and Council of the town of Thomson, and the corporate limits of said town shall extend one-half mile in every direction from the Knox Hotel in said town. Corporate name.

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SEC. III. Be it further enacted, That the government of said town shall be vested in a Mayor and four Councilmen, and until the expiration of the term of office for which the Commissioners now in office were elected, the President of said Board of Commissioners shall be Mayor, and the other Commissioners shall be Councilmen, and should a vacancy occur by death, resignation or otherwise before the expiration of either of said officers' term of office, then and in that event an election shall be held to fill or supply said vacaney or unexpired term, as is hereinafter provided for a vacaney in the office of Mayor or Councilmen. Provisional mayor and councilmen. SEC. IV. Be it further enacted, That from and after the passage of this Act, the Mayor and Councilmen shall be elected on the second Monday in January of each and every year, and hold their respective offices for the term of one year next thereafter, and until their successors are duly elected and qualified. Said election shall be held at the Council chamber, or such other place as the Mayor of said town shall direct and designate; and should there fail to be an election held in said town at the time above specified, from any cause whatever, the Mayor of said town shall order an election held in said town by posting notices in three public places in said town, and advertising said notice, for two weeks prior to said election, in a public gazette published in said town, or having a general circulation therein. The polls at all elections in said town shall not be opened before eight o'clock a. m., and shall be closed at four o'clock p. m. The qualifications of voters at said elections shall be such as are required for electors to the General Assembly of this State, and, in addition thereto, residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Annual elections. Hours for opening and closing polls. SEC. V. Be it further enacted, That said elections shall be held under the superintendence of two freeholders; said superintendents to take an oath for the due and legal performance of their duties as such superintendents, and to have all powers incident to superintendents of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this State, and for the last six months within the corporate limits of the town of Thomson; that you have paid all taxes required of you by the State and county, according to law, and have paid all taxes legally due to the authorities

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of said town of Thomson. So help you God. And the superintendents of said elections shall conform to the laws governing elections in this State, in so far as they are applicable to said elections, and shall issue certificates of election to such persons as receive the highest number of votes polled, who shall, within ten days from said election, qualify by taking the prescribed oath. Managers of elections Oath for challenged voters. Certificates of election. SEC. VI. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid. Eligibility to office. SEC. VII. Be it further enacted, That before entering upon their official duties said Mayor and Councilmen shall each be sworn faithfully and impartially to discharge the duties of his office to the best of his ability; and they shall constitute a body corporate under the name and style of the Mayor and Council of the town of Thomson, and by that name and style shall have perpetual succession, with power to sue and be sued in the courts of the State; to purchase, hold and convey property, and to contract and be contracted with, so far as may be necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge when necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to establish markets and regulate all butcher-pens, tanyards, livery stables, blacksmith shops, forges, stoves and chimneys in said town and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed by them to be a public nuisance and injurious to the health, peace and quiet of the town; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead, and regulate [Illegible Text] therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and from time to time to enlarge or restrict the same, and prescribe what kind and class of buildings shall not be constructed within said limits; to fill open wells or other excavations on unenclosed premises. And the said Mayor and Council shall

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also have entire and absolute control and jurisdiction of all said pipes, private drains and sewers, water closets, privy vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservations, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town; and with power also to require changes in, or the total discontinuance of any of such contrivances and structures already in existence or that may hereafter be allowed, and to compel the owners of property to convey the water from their lots by keeping open all necessary and sufficient ditches for that purpose, and to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises. Corporate name. General powers. Public nuisance. Fire limits. SEC. VIII. Be it further enacted, That said Mayor may hold police courts; try offenders for violation of the ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, to work on the streets of said town not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said Mayor. And when sitting as a court said Mayor may fine for contempt not exceeding ten dollars or imprisonment five days for such contempt. From all decisions of said Mayor imposing punishments or penalties for violations of such ordinances, rules and regulationst, there may be an appeal to the Mayor and Council upon such terms as may be prescribed by said Mayor and Council. Police courts. Limit of fines. Appeals. SEC. IX. Be it further enacted, That said Mayor and Council may appoint a Clerk, Treasurer and Marshal, and such police officers as they at any time may deem necessary to assist the Marshal in preserving the good order and peace of the town, and prescribe their duties, not inconsistent with this Act, and the laws of this State; and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their offices, and fix their compensation. Said Mayor and Council are authorized to appoint a Tax Assessor or Assessors, should more than one be required to assess the taxable property of said town, and perform such other service as may be required in connection with said office; fix the compensation of said assessor, and require a bond for the faithful performance of his duties; Provided, that nothing in this Act shall disqualify one person from holding the offices of Clerk, Treasurer and Assessor at the same time; and the Mayor and Council shall have full power to remove any of said officers for neglect of duty, incompetency or other good and reasonable ca [Illegible Text] Town officers. Their bonds. Tax assessor. Proviso.

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SEC. X. Be it further enacted, That the Marshal of said town may arrest without a warrant any person who violates the ordinances of said town, and bring the offender before the Mayor for trial, and to this end may summon any citizen or citizens of said town as a posse to assist in such arrest. When brought before the Mayor a written or printed accusation shall be preferred against the offender, in manner and form as follows: State of Georgia, town of Thomson, I, Marshal of said town, in the name and behalf of the Mayor and Councilmen of said town, charge and accuse with the offense of (here state the offense fully), contrary to the laws of said town. This, day of , 18, and shall be signed by the Marshal or his deputy, or acting Marshal, as prosecutor, and when such accusation is preferred the same shall be sufficient authority to hold the accused until the final trial of the case, and to that end the accused may be imprisoned, unless he gives a good and sufficient bond and security for his or her appearance at such time as may be required, such bond to be approved by the Mayor; if such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the Mayor, and execution issued thereon, by serving the defendant, if to be found, and his securities with a rule nisi at least five days before the time of hearing such rule nisi, to be signed by the Mayor and Clerk of Council. Powers of town marshal. Form of accusation Appearance bond. SEC. XI. Be it further enacted, That all taxes, assessments, fines and penalties recoverable by this Act may be enforced by execution. All writs, processes and subp[oelig]nas issued in behalf of said town shall be directed to the Marshal of said town, and signed in the same manner as executions. All executions issued in behalf of said town for the collection of any tax, fines, forfeitures, or other purposes, shall be directed to the Marshal and signed by the Mayor, or Mayor pro tem., and Clerk of Council, and all sales by the Marshal of said town shall be advertised, if personal property, by posting said advertisement in three of the most public places in said town for ten days before the sale; and if real estate, the Marshal shall advertise the same once a week for four weeks in the public gazette in which the Sheriff's advertising of the county is done; and shall only sell said real estate on the first Tuesday in each month, within the legal hours of Sheriff's sales. Said Marshal may levy upon, sell and execute titles thereto to any real estate or personal property in said town; and when a claim or illegality shall be interposed, the Marshal shall not sell, but in case of personal property the claim or illegality shall be returned to the Judge of the County Court, but if there be no such Judge, then to the Justice Court of

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the district in which said town is situated, unless the amount exceeds the jurisdiction of said courts, then the same shall be returned to the Superior Court of McDuffie county, and in case the claim or illegality be interposed to the sale of real estate, the same shall be returned to the Superior Court of the county in which the property is situated; and in all such cases in any or all of said courts the same rules shall apply and the same proceedings shall be had, and the same appeals, certiorari, or other exceptions shall be allowed as are legal in like cases in said courts. To recover fines and penalties. Advertising marshal's sales Illegality claims. SEC. XII. Be it further enacted, That said Mayor and Council shall have full power and authority to assess, levy and collect such taxes upon real and personal property within the corporate limits of said town as they may deem necessary for the support and government of said town; Provided, that the tax so assessed shall not exceed one-half of one per cent.; also to levy and collect such tax on business occupations, theatrical exhibitions, or other performances exercised, performed or exhibited within the corporate limits of said town, and fix such licenses on circuses, menagerie shows, including all shows of domestic or wild animals, or other shows, billiard tables, pool tables, ten pin alleys, or alleys of any kind used for the purpose of playing or renting, as may be deemed proper. The Mayor and Council shall require all persons subject to pay such vocation tax, or license, to pay the same, or take out such license by the 1st day of March in each year; and they may punish by fine, not to exceed twenty-five dollars, or imprisonment not to exceed twenty days, all persons convicted of carrying on a business in said town without paying such tax or license; and the tax or license so paid shall run from the date thereof to the 1st day of March following; and the Mayor and Council may at any time, when they deem it proper, fix the amount for a fractional part of a year. Authority to levy taxes. Proviso. Vocation taxes. SEC. XIII. Be it further enacted, That there shall be a lien on all real estate and personal property within said town for the town taxes assessed thereon, and for all other fines and penalties assessed or imposed on the owners thereof by the authorities of said town from the time they are assessed or imposed, which shall have priority over all other liens, except the liens due the State and county. Lien for taxes. SEC. XIV. Be it further enacted, That the tax assessor or assessors for said town shall assess the cash market value of all property, both real and personal, in the corporate limits of said town, and turn over such assessment to the Mayor and Council at their regular meeting in September of each year, and should any

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property owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor or assessors, he or they shall have the right to appeal from said assessment to the Mayor and Council; Provided, said appeal shall be made within ten days after the returns of said assessor or assessors shall have been made to said Mayor and Council. Assessing property for taxes. Appeals. SEC. XV. Be it further enacted, That said Mayor and Council shall have power to take up and impound any horses, mules, hogs, cows or other cattle running at large in said town, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town; and they shall have power to levy a tax on each dog in said town, running at large, not to exceed one dollar a year. Impounding animals. Tax on dogs. SEC. XVI. Be it further enacted, That said Mayor and Council may choose from their own number a Mayor pro tem., who shall in the absence, sickness, or disqualification of the Mayor, perform all the duties required of the Mayor, and in case of the absence, sickness or disqualification of the Mayor and Mayor pro tem., a majority of the Council shall choose one of themselves to act as Mayor temporarily. Mayor pro tem. SEC. XVII. Be it further enacted, That in case of a vacancy in the office of Mayor or Councilmen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said Council, to take place at such time as may be specified in said order, after notice of the same is published by posting at two public places in said town, for the space of at least ten days before said election. To fill vacancies. SEC. XVIII. Be it further enacted, That the Mayor, or in his absence, the Mayor pro tem., shall be the chief executive officer of said town; he shall see that all the laws and ordinances of the town are faithfully executed; he shall have power to convene the Council in extra session whenever in his judgment the exigencies of the case require it; he shall preside over all meetings of Council, but shall have no vote except in case of a tie; it shall be the duty of the Mayor or acting Mayor to hold Mayor's court as often as may be necessary, for the examination of any offense that may be reported to him, or the trial of such persons as may be brought before him; he shall be ex officio a Justice of the Peace, so far as to empower him to commit to jail or admit to bail persons charged with violating the criminal laws of this State, in the same manner, and under the same rules and regulations prescribed by law for Justices of the Peace. Mayor. His powers and duties. Ex-officio justice of the peace. SEC. XIX. Be it further enacted, That the Mayor shall receive such pay and compensation as the Mayor and Council may fix;

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Provided, the same does not exceed the sum of one hundred dollars a year. Said Mayor and Councilmen shall be free from street duty during their term of office. Salary of mayor. Exempt from street duty. SEC. XX. Be it further enacted, That it shall be the duty of the Marshal to collect the town taxes, fines, levies and assessments; and in case the same is not paid within thirty days after they are placed in his hands for collection, the Council shall issue executions therefor, and the Marshal may levy and sell therefor in the manner and way prescribed in section eleven of this Act. Duties of the marshal. SEC. XXI. Be it further enacted, That all male persons over the age of sixteen and under the age of fifty years, who have resided in the town ten days, shall be subject to work the streets of said town, not to exceed ten days in each year, or to be taxed therefor, as the Council may direct and determine, as a commutation for such duty, not to exceed five dollars per year. The Mayor and Council shall have power to punish by fine, not to exceed twenty dollars, or imprisonment, not to exceed twenty days, any person or persons in said town, subject to street duty, who fails or refuses to work the streets, after being duly warned to do so by the Marshal, or to pay the tax. All work done on the streets shall be done under the supervision of the Marshal, or such overseer as the town authorities may appoint. No citizen of the town shall be subject to road duty out of said town. Who are subject to street duty. Punishment for refusing to work. SEC. XXII. Be it further enacted, That said Mayor and Council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. Ordinances and regulations. SEC. XXIII. Be it further enacted, That all the property now owned by said town and vested in the Commissioners thereof, shall be and remain the property of said town, and become vested in said Mayor and Council. And all ordinances, rules and regulations now of force in said town, and not inconsistent with this Act, shall be, and remain of force until amended, altered or repealed by said Mayor and Council. Town property. SEC. XXIV. Be it further enacted, That the Mayor and Council shall have full power and authority to enforce the fire limit established by them, and should any one erect or cause to be erected within such fire limit any building or other structure contrary, to such ordinance, the said Mayor and Council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, to be collected by execution as in other cases; and should the owner of such building or structure fail or refuse to remove the same upon proper notice,

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and within five days after being so notified, he or she may be fined in a sum not exceeding fifty dollars, or be imprisoned, not exceeding thirty days, for each and every day they fail to regard said notice. And whenever the Mayor and Council shall exercise the power to lay out and open, to widen, straighten, or otherwise change the streets and alleys in said town, given by this Act, they shall appoint two freeholders and the owner or owners of the lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damage sustained, or the advantage derived by the owner or owners of said lots in consequence of the opening, widening, straightening, or otherwise changing said streets or alleys. And in case said assessors cannot agree, they shall select a fifth freeholder umpire, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have a right to enter an appeal to the Superior Court of McDuffie county within ten days from the said award, the Mayor and Council to have power and authority to enforce the final award by execution against the owner or owners of said lot or lots when the same is found to be advantageous to said owner. Fire limits. Penalty for violating fire ordinances. To assess damages where streets are widened. SEC. XXV. Be it further enacted, That said Mayor and Council shall have power to regulate and control the sale of vinous, malt or intoxicating liquors or bitters in said town; to grant a license to each firm or dealer in the same in said town; to fix the fee for such license, which shall not be less than two hundred dollars nor over one thousand dollars, and to impose penalties upon any person selling such intoxicating liquors or bitters in said town without such license, and the said dealers in intoxicating liquors or bitters shall also comply with the law as to bond and oath; Provided, this section shall not be operative as long as the prohibition law is in force in McDuffie county. Regulating sale of spirituous liquors. Proviso. SEC. XXVI. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 22, 1889.

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DEFINING BOUNDARIES OF ROSE HILL ANNEX TO CO-LUMBUS. No. 176. An Act to define the boundaries of that part of the city of Columbus commonly known as the Rose Hill Annex, so that said boundaries shall be fixed and established as follows: The present north line of said annex, which is the north line of the city of Columbus, shall be extended due east until it intersects a line which shall be a prolongation of what is now known as the east side of Twelfth avenue, which said east side of Twelfth avenue shall be the east line of said annex of said city of Columbus, and the south line of said annex shall be the original north line of said city of Columbus, and what is known as Cemetery street to a point where said Cemetery street intersects said Twelfth avenue. 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 boundaries of that part of the city of Columbus commonly known as the Rose Hill Annex shall be defined, fixed and established as follows, to-wit: The present north line of said annex, which is the north line of the city of Columbus, shall be extended due east until it intersects a line which shall be a prolongation of what is now known as the east side of Twelfth avenue, which said east side of Twelfth avenue shall be the east line of said annex of said city of Columbus, and the south line of said annex shall be the original north line of said city of Columbus and what is known as Cemetery street, and sometimes called Linnwood drive, to a point where said Cemetery street intersects said Twelfth avenue. Boundaries of Rose Hill Annex defined. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 26, 1889.

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INCORPORATING TOWN OF COLQUITT. No. 177. An Act to incorporate the town of Colquitt, in the county of Miller, and provide for the election of a Mayor and Aldermen for said town, and to define the corporate limits for said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the town of Colquitt, in the county of Miller, is hereby incorporated as a town under the name of the town of Colquitt. Corporate name. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-fourth of a mile in every direction from the court house. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That an election shall be held on the 1st Tuesday of January, 1889, for Mayor and four Aldermen, who shall serve until their successors shall have been elected and qualified. Annual elections. SEC. IV. Be it further enacted by the authority aforesaid, That on the 1st Tuesday in January, 1889, and same day in each year thereafter, an election shall be held for Mayor and Aldermen of said town; but no one shall vote for or be eligible to the office of Mayor or Aldermen who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the Geneneral Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and a certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of their duties as such Mayor and Aldermen. First election. Qualified voters. SEC. V. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties, the Mayor and each Alderman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor (or Alderman, as the case may be) of the town of Colquitt to the best of my ability and understanding; so help me God. Oath administered to mayor and aldermen. SEC. VI. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen shall have power and authority to elect such Marshals, Clerks and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred

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upon them; to prescribe the fees and duties of such subordinate officers, and require such bonds for the faithful performance of their duty as they may deem necessary and proper. Subordinate officers. SEC. VII. Be it further enacted by the authority aforesaid, That the Mayor and each Alderman shall be ex-officio a Justice of the Peace, and shall have full power and authority to issue warrants for any offense committed within the corporate limits of said town; and shall have power to compel the attendance of witnesses, and to examine them under oath; to admit any offender to bail, or to commit him or her to jail for violation of the laws of this State, committed within the corporate limits of said town, and to commit to the guard-house for any violation of the ordinances of said town. Mayor and aldermen are ex-officio justices of the peace. SEC. VIII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town which is not inconsistent with the laws of this State or the United States. Powers of mayor and aldermen. SEC. IX. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power to levy and collect a tax, not exceeding one-fifth of one per centum, upon all property, both real and personal, within the corporate limits of said town. They may require a license, not to exceed fifty dollars, on ten-pin alleys, billiard and pool tables, and other establishments calculated to encourage idleness, and on all shows and exhibitions performing for the purpose of gain; and shall have power to regulate the sale of liquors in said town, and to fix the amount to be paid for license to sell spirituous liquors in said town; Provided, said license shall not be less than three hundred nor more than five hundred dollars; and to pass ordinances for the abatement of nuisances, and removing obstructions from the streets of the town; and to lay out streets, and to regulate the width and length of the same. They shall also have power to require all persons within said corporation who are subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of said work on said streets, and shall have power to imprison any defaulter who fails or refuses to work on said streets when required, in the guard-house, in said town, not exceeding three days for each day he refuses to work. Taxes. Licenses. Proviso. Street work. SEC. X. Be it further enacted by the authority aforesaid, That the Mayor of said town, and in his absence the Mayor pro tem., (who shall be elected by the Aldermen, from their number) shall be chief executive officer of said town. He shall see that all ordinances, by-laws, rules and orders made by said Mayor and Aldermen are faithfully

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executed. He shall have control of the police of said town, and may appoint special police when he may deem it necessary. And he shall deem it his duty especially to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment of the same; and in default of immediate payment, he may imprison the offender in the guard house of said town. Mayor. His duties. SEC. XI. Be it further enacted by the authority aforesaid, That if, at any time the office of Mayor and Alderman shall become vacant by death, resignation, or otherwise, the remaining members of Council may fill such vacancy by appointing any citizen of said town eligible to such office. To fill vacancies. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 26, 1889. TO SUBMIT DISPOSITION OF MOBILE AND GIRARD BONDS TO THE VOTERS OF THE CITY OF COLUMBUS. No. 194. An Act to submit to the qualified voters of the city of Columbus, by an election to be held for that purpose, the question of the ratification and confirmation of the action of the Mayor and Council of said city in the disposition of certain shares of the Mobile and Girard Railroad stock, as expressed in the resolutions of said Mayor and Council on July 1, 1885, and October 5, 1887. WHEREAS, By an ordinance or resolution of the Mayor and Council of the city of Columbus, of date of July 1, 1885, one thousand shares of the preferred stock of the Mobile and Girard Railroad, owned by said city, were transferred, assigned and made over to a committee designated in said ordinance, with full power to sell the same for cash, stock, bonds, or such consideration as to the committee might seem to the best interest of the city of Columbus, preference being given to such disposition as would make said

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railroad an independent line, or would encourage the construction of an independent railroad northward from this city; and, whereas, by virtue of the authority in them vested, said committee exchanged said stock for six hundred shares of the Georgia Midland and Gulf Railroad stock, and, with a report of their actings and doings, tendered said Georgia Midland and Gulf stock to the said Mayor and Council, who, by resolution of October 5, 1887, in view of said ordinance or resolution of July 1, 1885, and of the report of said committee, accepted said Georgia Midland and Gulf Railroad stock in exchange for said Mobile and Girard Railroad stock; therefore, Preamble. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the question of the ratification and confirmation of the action of said Mayor and Council of the city of Columbus, in the disposition of said shares of the Mobile and Girard Railroad stock, as expressed in said ordinance or resolution of July 1st, 1885, and resolution of October 5th, 1887, be submitted to the qualified voters of said city, at an election to be held on Tuesday, October 22d, 1889. Election authorized SEC. II. Be it further enacted, That said election shall be held within the hours, and subject to all the rules and regulations prescribed for the annual municipal elections in said city, and upon omission of the Mayor and Council to appoint mana ers, any three free-holders may act as such. The qualification of voters shall be determined by the registration lists of said city for 1888, except that those who have subsequently removed from said city shall not be entitled to [Illegible Text] and those who, being otherwise qualified voters, failed then to register, or who have since become qualified to vote, may register at any time before the day of election, for which purpose a book shall be opened in the office of the Clerk of Council. Any person who shall [Illegible Text] illegally at said election shall be guilty of illegal voting, and, [Illegible Text] conviction thereof, shall be punished as prescribed in section 4310 of the Code. How held. Qualification of voters. Illegal voting. SEC. III. Be it further enacted, That at such election those who favor the ratification and confirmation aforesaid shall have plainly written or printed on their ballots, For Ratification, and those who are opposed thereto shall have plainly written or printed on their ballots, Against Ratification. The managers shall declare the result of such election, and cause the same to be published one time ina newspaper published in said city. Ballots. SEC. IV. Be it further enacted, That should the majority of the votes cast at such election be for ratification, then the action of

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said Mayor and Council of the city of Columbus, in the disposition of said shares of the Mobile and Girard Railroad stock, by the ordinance or resolution of July 1, 1885, aforesaid, and the resolution of October 5, 1887, and all that has been done by virtue thereof shall be ratified and confirmed and made legal, valid and binding; Provided, that nothing herein contained shall affect any rights of any present or future holders of Mobile and Girard Railroad tax scrip, who shall properly present such scrip for redemption in stock within sixty days from the passage of this Act. Result of the election. Proviso. 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 August 10, 1889. AMENDING ACT TO MAKE VALID SUBSCRIPTIONS OF COLUMBUS TO THE MOBILE AND GIRARD RAILROAD No. 195. An Act to amend an Act entitled, An Act to make valid and binding the subscriptions heretofore made by the Mayor and Council of the city of Columbus to the stock of the Mobile and Girard Railroad Company, and to the stock of the Montgomery and West Point Railroad Company; and to make valid and binding the bonds issued by said Mayor and Council to said companies in payment of the same; and to declare and make valid the ordinances heretofore passed by said Mayor and Council authorizing the collection of taxes for the payment of interest accuring on said bonds; and to authorize said Mayor and Council to levy and collect a tax annually for the purpose of paying the principal and interest of said bonds; and to authorize the collection of taxes for the payment of the principal and interest of all legal contracts which have been or may hereafter be made by said corporation, approved December 11, 1858, by striking out and repealing all of section five of said Act, which section relates to the issuance of scrip for railroad taxes paid, with a proviso that the amendment shall not apply to any scrip heretofore issued; Provided, such scrip heretofore issued shall be presented to the Treasurer of said city for redemption in terms of said section five within sixty days from the passage of this Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be, and the same is hereby, amended by striking therefrom and repealing all of section five

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thereof, which provides that, upon payment of the railroad tax, the Mayor and Council of said city shall issue scrip to the tax-payer for the amount of such tax, to be redeemed in stock of said railroad companies. Amends original act. SEC. II. Be it further enacted, That nothing in this Act shall apply to or in anywise affect the rights of any person holding any scrip issued by said city heretofore, or who may be entitled to and hereafter apply for the same in pursuance to the provisions of said section five; Provided, all such scrip shall be presented for redemption, pursuant to said section, within sixty days from the passage of this Act. Does not effect script heretofore issued. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 10, 1889. INCORPORATING THE TOWN OF BRUTON. No. 205. An Act to encorporate the town of Bruton, in the county of Laurens, State of Georgia; with certain powers and privileges, and for other puposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the town of Bruton, in the county of Laurens, be, and the same is hereby, incorporated as a town under the name of Bruton. The corporate powers of said town shall be vested in a Mayor and five Councilmen, with power to sue and be sued, to plead and be impleaded, and exercise all the other corporate powers as may be necessary in the performance of their duties. Corporate name. General powers. SEC. II. Be it further enacted by the authority of the same, That the corporate limits of said town shall extend one half 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 M. M. Sheppard be, and he is hereby, appointed Mayor, and Dr. Esra New, D. F. Williamson, J. A. Jackson, G. T. Mason, and J. O. Wilson be, and they are hereby, appointed Councilmen of said town of Bruton, to continue in office until their successors are elected and qualified. Provisional Mayor and Councilmen.

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SEC. IV. Be it further enacted by the authority aforesaid, That on the first Staturday in October, 1889, and annually thereafter, an election shall be held in said town for a Mayor and five Councilmen, who shall hold their office one year, and until their successors are elected and qualified; but none shall vote for or be eligible to the office of Mayor or Councilmen of said town who do not reside within the corporate limits thereof, and who are 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 of this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Elections to fill vacancies in the offices of Mayor and Councilmen shall be upon twenty days' notice in writing; said notice to be posted before the Council chamber door of said town. Annual elections. How conducted. Vacancies. SEC. V. Be it further enacted by the authority aforesaid, That before entering upon their duties the Mayor and Councilmen shall take an oath, before any person authorized to administer oaths, to faithfully perform all the duties of such Mayor and Councilmen. Oath of office SEC. VI. Be it further enacted by the authority aforesaid, That said Mayor and Councilmen shall have power 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 thereby; Provided, they be not repugnant to the Constitution and laws of this State and of the United States. Laws and ordinances SEC. VII. Be it further enacted by the authority aforesaid, That all the powers enumerated in sections 786, 786 (a), 786 (b), 786 (c), 787, 788, 789, 790, 791, 792, 793 and 797 of the Revised Code of Georgia of 1882, be, and the same are hereby, granted to and are a part of the corporate authority of said town of Bruton. Additional powers and privileges. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1889

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CONFIRMING GRANT OF SAVANNAH TO SAVANNAH VOLUNTEER GUARDS. No. 208. An Act to authorize and empower, ratify and confirm the granting by the Mayor and Aldermen of the city of Savannah to the Savannah Volunteer Guards, a military corporation under the laws of Georgia, of the city of Savannah, of eight (8) feet of the pavement on the south side of President street, between Whitaker street and Wright square, in the city of Savannah; said eight (8) feet to be added to, and made a part of lot letter G, in Percival Ward, and to be used in the erection of The Arsenal, and for other purposes. WHEREAS, An ordinance was duly passed by the Mayor and Aldermen of the city of Savannah, in council assembled, on the 15th day of May, 1889, by which it was ordained that permission was thereby given to the Savannah Volunteer Guards, a military organization under the laws of Georgia, of the city of Savannah, to use and occupy in the erection of The Arsenal, eight (8) feet of the pavement on the south side of President street, between Whitaker street and Wright square, in the city of Savannah, and by which said eight (8) feet was added to, and made a part of lot letter G, Percival Ward; with the proviso, however, that said permission and said ordinance should be subject to the ratification and confirmation of the General Assembly of the State of Georgia, and by which ordinance all ordinances and parts of ordinances in conflict with the same were thereby repealed; wherefore, Preamble. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Aldermen of the city of Savannah be, and they are hereby authorized and empowered to grant to the Savannah Volunteer Guards, a military corporation under the laws of Georgia, of the city of Savannah, eight (8) feet of the pavement on the south side of President street, between Whitaker street and Wright square, in the city of Savannah; said eight (8) feet to be added to and made a part of lot letter G, Pereival Ward, in said city of Savannah, along the whole length of said lot, to be used in the erection of the Arsenal, and that said grant heretofore made as aforesaid by the said Mayor and Aldermen of the city of Savannah to the said Savannah Volunteer Guards of said encroachment upon President street be, and the same is hereby ratified and confirmed in all respects. Grant confirmed.

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SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1889. INCORPORATING TOWN OF LOVETT. No. 217. An Act to incorporate the town of Lovett, in the county of Laurens, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the town of Lovett, in the county of Laurens, be, and is hereby, incorporated, and that the corporate limits of said town of Lovett shall extend one-half of a mile in every direction, from the Wrightsville and Tennille Railroad depot, in said town. Corporate name. Corporate limits. SEC. II. Be it further enacted, That on each and every first Monday in January, after the passage of this Act, all the citizens residing in the corporate limits of said town, who shall be entitled to vote for members of the General Assembly of the State of Georgia, shall be entitled to vote for a Mayor and five Councilmen, which election, held annually on said day, shall be held in said town, and in the manner and under the same rules and regulations as are elections for members of the General Assembly, so ar fas they are applicable, the polls to be opened and closed as at precincts. Annual elections. SEC. III. Be it further enacted, That William Bales be, and he is hereby, appointed Mayor, and W. H. H. Bush, M. R. Rachels, Z. M. Sterling, J. M. Hutchinson and E. A. Lovett are hereby appointed Councilmen of said town of Lovett, to hold their offices until the first annual election as hereinbefore provided. Provisional Mayor and councilmen. SEC. IV. Be it further enacted, That the certificate of the managers of the election shall be proof of election, and that before entering upon the duties of their office, the Mayor and Councilmen shall each make and subscribe an oath to faithfully discharge his duties as an officer of said town. Certificates of election. SEC. V. Be it further enacted, That all vacancies in the Board of Mayor and Councilmen, occurring between elections by the people, shall be filled by the remaining members of the board. The term of the Mayor and Councilmen, except when elected to fill an

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unexpired term, shall be for one year, and until their successors are elected and qualified. Vacancies. Term of office. SEC. VI. Be it further enacted, That said Board of Mayor and Councilmen shall have full power and authority to pass all ordinances and by-laws for the government of said town, not in conflict with the laws of this State or of the United States, and to enforce the same by execution, fine or imprisonment. Said board may provide for the trial of cases and offenders before the Mayor, and for an appeal from his decision to the full board, or a majority of them. Corporate powers. SEC. VII. Be it further enacted, That said Mayor and Councilmen shall have power and authority to appoint all officers they may deem necessary for the good of said town, and to carry this Act into effect; to compel all persons in said town liable to road duty to work on the streets or pay a commutation fee in lieu thereof; to open streets where deemed necessary; to levy and collect an ad valorem tax on all the property in said town, and such special taxes upon drays, livery stables, peddlers, billiard tables, sale of spirituous liquors, auctioneers, and all like enterprises, as they may deem best for said town. Streets and street work. Special taxes. SEC. VIII. Be it further enacted, That said board of Mayor and Councilmen, by their corporate nameLovettshall have power to sue and be sued, plead and be impleaded with, and have and use all the powers granted by and embraced in sections 774 to 797, inclusive of the Code of 1882, of Georgia. General powers. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 23, 1889. AMENDING CHARTER OF ALBANY. No. 230. An Act to amend the charter of the city of Albany, Georgia, and to perfect the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Mayor and Council of said city shall have the power to levy and collect a tax on all the property within said city, not to exceed one per cent. ad valorem; to levy and collect such tax on business occupations, professions, callings, trades, theatrical exhibitions

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or other performances exercised, performed or exhibited within the corporate limits of said city, and to fix such license on circuses, menagerie shows, including all shows of domestic or wild animals and museums as may be deemed proper; to abate all nuisances within the corporate limits of said city; to establish markets, and regulate all butcher pens, tan-yards, livery stables, blacksmith shops, forges, stoves and chimneys in said city, and to remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said city; to regulate or prohibit the carrying on of any business in which decaying animal or vegetable matter may become offensive and injurious to the public welfare; to try offenders for violations of the ordinances, rules and regulations prescribed for the government of said city; and the Mayor or Mayor and Council of said city may punish violations of the same by fine, imprisonment in the guard-house, or compelling work on the streets of said city, as may be prescribed in the ordinances in said city; and when the Mayor's Court is in session, or the City Council is in session, said Mayor, or the acting Mayor, and the said Council may punish for any contempt, in a penalty not to exceed twenty dollars, or confinement in the guard-house not to exceed ten days, or both. Authority to levy tax. Licenses. Fines. SEC. II. Be it further enacted, That said city shall have the right and power to lay off, vacate, close, open, alter, curb, pave, and keep in good order and repair streets, alleys, side-walks, cross-walks, drains, gutters, and sewers for the use of the public or any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width of side-walks on the streets, and to order the side-walks to be paved and kept in good order by the owner or owners of the real estate adjoining, and to pave said side-walks; on failure of the owner or owners of said real estate so to do, and to issue execution against said real estate and the owners for the cost of such paving, and to collect the same to reimburse itself; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle, horses, sheep, and other animals and fowls of all kinds from going at large in the corporate limits; to provide for the regular building of houses or other structures, and to make regulations guarding against danger or damage by fire, and to prescribe the material out of which buildings and structures shall be erected in the fire limits of said city, and may create fire limits; to provide for the drainage of lots at the expense of the owner or owners; and, in the event said owner or owners do not pay the expense of said drainage, to collect the

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same by execution and sale; to elect such number of policemen as the Council may deem proper for the preservation of the peace and good order of said city; but the regular police force not to exceed six in number, including the Marshal and Deputy; to erect or authorize, or prohibit the erection of electric lights, gas works, or water works in the city; to prevent injury or damage to the same, and the pollution of water, and to regulate the charges for the use of the same, and to name the places to be furnished by the same. Authority to pave streets. Prohibits stock running at large. Fire limits. Police force. Lights and water. SEC. III. Be it further enacted, That said city may require a license for all business occupations, callings, trades and professions, and fix penalties for the engaging in any of those avocations without first obtaining such license; and it may also fix penalties for the doing of anything before obtaining license whenever a license is required by its ordinances. Avocation license. SEC. IV. Be it further enacted, That said city shall have the right to appoint assessors to assess for taxation the value of all property in said city, both real and personal, whenever so required to do by the Council, which may require either the reality or personalty or both to be so assessed. Said assessors to be bona fide residents and freeholders of said city. City assessors. SEC. V. Be it further enacted, That said city shall have the power to regulate all vehicles of every kind or character used in said city for profit in the transportation of passengers or freight, or both, and to fix the charges therefor. Public vehicles. SEC. VI. Be it further enacted, That it shall have the power to regulate the management and to license bar-rooms, saloons, hotels, private boarding-houses, billiard tables, nine-pin alleys, and tables and alleys of any other kind, and all games, plays or devices carried on by selling cards, tickets or numbers, or by using racks, rings or sticks, or by using any other artifice or contrivance; but said license is not to exceed one thousand dollars. License for bar-rooms, hotels, games, etc. SEC. VII. Be it further enacted, That it shall have the power to require the owners of real estate on which the water stands either in wet weather or dry weather, to fill up the depression or depressions or excavation on said real estate, and if said owner or owners fail so to do on notice from the Mayor and Council, the Mayor and Council may have such work done at the expense of such owner or owners, and issue execution against said real estate and the owners thereof for such expense, and collect the same by Marshal's sale. Standing water. SEC. VIII. Be it further enacted, That said city shall have the power to organize work-gangs, chain-gangs or other means of confinement, and to confine at labor therein for a term not exceeding six months, and to put at compulsory labor on the streets, sidewalks

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and alleys, or confine in the guard-house all persons convicted of violating the ordinances of said city, or any of them. City chain gang. SEC. IX. Be it further enacted, That every male resident of said city not under sixteen nor over fifty years of age, shall, if required by the Council of said city, work not exceeding fifteen days on the streets, alleys and sidewalks of said city under the direction of the Street Committee or Street Overseer, or may be released from such work upon the payment of such amounts as may be fixed by the Mayor and Council, which sums shall be used by said city for the repair or improvement of said streets, alleys and sidewalks. Any person failing to work on said streets, alleys and sidewalks, when so required to do by said Mayor and Council, or to pay said amounts of money in lieu of such work, may be punished as now or hereafter provided by ordinance of said city. Street work or tax. Penalty for not working streets. SEC. X. Be it further enacted, That said city shall have the power to license and tax or license or tax all subjects, persons and things that are licensed and taxed or licensed or taxed by the State, and to regulate the same in the corporate limits of said city. Miscellaneous license. SEC. XI. Be it further enacted, That said city shall have the right to carry into effect and [Illegible Text] all the powers herein conferred by ordinances and by-laws, and to enforce and carry into effect such ordinances and by-laws by such penalties as the Mayor and Council may deem proper, that are not in conflict with this Act and the general law of the State. Authority to enforce its ordinances. 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 August 28, 1889. AMENDING THE CHARTER OF MILLEDGEVILLE. No. 232. An Act to amend the charter of the city of Milledgeville relating to the election of Marshal and Deputy Marshal of said city. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the several laws incorporating the city of Milledgeville, and amendatory thereof, requiring the election of Marshal and Deputy Marshal of said city to be had and made by the qualified voters of said city at the same time and in the same manner as now provided for

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the election of Mayor and Aldermen of said city, be so amended as to hereafter require the said Marshal and Deputy Marshal to be selected and chosen by the Mayor and Aldermen at an election to be held by said Mayor and Aldermen at the first meeting of the Board of Aldermen of said city immediately after the election of said Board. Marshal and deputy must be elected by mayor and aldermen. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 28, 1889. INCORPORATING TOWN OF McRAE. No. 233. An Act to incorporate the town of McRae, in the county of Telfair, and to grant certain powers and privileges to said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the town of McRae, in the county of Telfair, be, and the same is hereby incorporated under the name of the town of McRae; that the municipal government of the town of McRae shall be vested in a Mayor and six Councilmen, who are hereby constituted a body corporate under the name and style of the corporation of the town of McRae, and by that name and style shall have perpetual succession, and shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and their successors, for the use of the town of McRae, any estate, real or personal, of whatever kind or nature; and shall, by the same name, be capable to sue and be sued in any court of law or equity in this State; and to sell, alien or lease any estate, real or personal, the property of, or belonging to said corporation, or convey the same or any part thereof in any manner or way whatever; that the corporate limit of the town of McRae shall extend one-half mile in every direction from the court house situated in said town. Corporate name. General powers Corporate limits. SEC. II. Be it enacted by the authority aforesaid, That John T. Bright be, and he is hereby, appointed Mayor of said town, and that T. H. Gregory, A. S. J. McRae, J. J. Woff, T. W. Boothe, A. H. Henley and T. P. Windsor be, and they are hereby, appointed

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Councilmen of said town, to hold their offices until the first annual election in said town, in the year A. D. 1890, and until their successors are elected and qualified; the above officers to enter upon the duties of their offices immediately after the passage of this Act. Provisional mayor and aldermen. SEC. III. Be it further enacted, That an election shall be held at the Council chamber, or such other place as the Mayor of said town shall direct and designate, on the second Monday in January, 1890, and on the second Monday in January in each year thereafter, for Mayor and six Councilmen, who shall hold their offices for one year, or until their successors are elected and qualified. And should there fail to be an election held in said town at the time above specified, from any cause whatever, the Mayor of said town shall order an election held in said town by posting a notice in three (3) public places, and advertising said notice in the public gazette in which the Sheriff's advertising for Telfair county is done, and notice shall be posted three days before said election. The polls of said election shall not be open before 9 o'clock a. m., and shall be closed at 3 o'clock p. m. The qualifications of voters at said election shall be such as are required for electors to the General Assembly, and, in addition thereto, residents within the corporate limits of said town for six months next preceding the election, and the payment of all the legal taxes required of them by said corporation. Annual elections. How advertised. Hours of opening and closing polls. SEC. IV. Be it further enacted, That the said election shall be held under the superintendence of the Justice of the Peace and two freeholders, or of three freeholders; said superintendents to take an oath for the due and legal performance of their said duties as such superintendents, and to have all the powers incident to superintendents of elections in this State. In case the managers shall have any reasonable doubt as to the qualification of any voter, or should any vote be challenged, they should administer the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year within this State, and for the last six months within the incorporate limits of the town of McRae, and have paid all taxes legally required of you by said town of McRae. So help you God. Managers of elections Oath for challenged votes. SEC. V. Be it further enacted by the authority aforesaid, That the superintendents of said elections shall conform to the laws governing elections in this State in so far as they are applicable to said elections, and shall only declare the result of said elections, and shall issue certificate of election to such persons as receive the highest

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

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thereof; and said corporation, by their Mayor and Councilmen, shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the good government of said town, and seeuring the health of the inhabitants thereof. Corporate powers. SEC. XI. Be it further enacted, That the Mayor of said town shall hold a Police Court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed a fine of one hundred dollars, or by labor on the streets of said town or public works of said town not to exceed thirty days, or confinement in the calaboose or guardhouse of said town not to exceed thirty days, and in addition thereto such costs of the proceedings as may be imposed; said fine shall be collected by exceution, issued by the Clerk of Council, against the estate, both real and personal, of the offender, if any to be found. Police Court. Fines. SEC. XII. Be it further enacted, That the Mayor and other officers shall receive such pay and compensation as the Mayor and Council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Salaries. SEC. XIII. Be it further enacted, That the Mayor and Council of the town of McRae shall have the sole and exclusive power of granting license to retail spirituous, ale, vinous and malt lqiuors in the town of McRae in any quantity, and of fixing the rates of such license, and the terms upon which they shall be issued; of declaring such license void when said terms are not complied with; Provided, that said license not to be at any time granted for a sum of money less than the amount required by the local law governing the retail or sale of spirituous, ale, vinous and malt liquors within the county of Telfair for such license. They shall also have power to license, regulate and control ten pin alleys, billiard and pool tables, or prohibit the establishment of said tables, and remove or abate said tables and ten pin alleys when they may deem necessary. They shall also have power to license all livery stables, and all buggies, hacks, wagons, carts, drays and other conveyances kept for hire in said town; and fix such rules and regulations as they may deem necessary to govern any person engaged in carrying passengers out of said town for pay. License to retail liquors. Proviso. Other license. SEC. XIV. Be it further enacted, That said corporation shall have full power and authority to assess, levy and collect such taxes upon real and personal estate within the corporate limits of said town as they shall deem necessary for the support and government of said town, not inconsistent with the laws and Constitution of this State; also to levy such tax on business occupations, theatrical

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exhibitions or other performances exercised, performed or exhibited within the corporate limits of said town as may be deemed proper, and to fix such license on circuses, menagerie shows, including all shows of domestic or wild animals. Taxes for support of municipal government. SEC. XV. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said town; also to regulate and control all taverns and public houses in said town. If necessary, to establish a market in said town; to regulate all butcher pens, tanyards, blacksmith shops, forges, stoves and chimneys within said town, and to remove or cause to be removed the same or any of them in case they should become dangerous or injurious to the health of any citizen of the town or become nuisance; and also to fill up all pits, cellars and excavations in said town or cause the owner to do so when the Council shall deem the same necessary to be done; also to regulate drays, omnibuses, buggies, carriages, wagons and carts owned and kept for use and hire in said town; also full power to regulate and control all pumps, wells, livery stables, fire companies and engines or any apparatus of like character within said town. General powers. SEC. XVI. Be it further enacted, That the Mayor and Council shall have power to take up and impound any horse, mule, cattle, hog, dogs or other animals running at large in said town, and to pass and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals. Impounding stock, cattle, dogs, etc. SEC. XVII. Be it further enacted, That all males over the age of sixteen years and under the age of fifty years who have resided in said town ten days shall be subject to work the streets of said town not exceeding ten days in each year or to be taxed therefor as the Council may direct and determine as a commutation for such duty, not to exceed six dollars per year; the collection of said sum may be enforced by execution against the party and said persons shall not be liable to road duty out of said town. Street work and commutation tax. SEC. XVIII. Be it further enacted, That the Mayor and Councilmen of said town shall have full power and authority to open and lay out, to widen and straighten, or otherwise change the streets and alleys of said town, and shall have power to lay off, vacate, close up, open, alter, curb, pave, drain and keep in good order and repair the roads, streets and bridges, sidewalks, alleys, crosswalks, drains and gutters for the use of the public or any citizen thereof, to protect places of public worship, to regulate the keeping of gunpowder and other combustibles, to provide places for the burial of the dead

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and regulate interments therein, to make regulations for guarding against fire and to fix and establish fire limits, and from time to time to enlarge or restrict the same. Authority to open or widen streets, etc. SEC. XIX. Be it further enacted, That when the Mayor shall be presiding at any Police Court or at any meeting of the Council, he shall have power to punish for contempt by a fine not exceeding ten dollars or imprisonment not exceeding forty-eight hours for each offence. Punishment for contempt. SEC. XX. Be it further enacted, That the Marshal of said town, or the Mayor or any citizen, may arrest without a warrant any person whom he may see in perpetration of a violation of ordinances of said town and bring the offender before the Mayor for trial, and to this end may summon any citizen or citizens of said town as a posse to assist in such arrest. When brought before the Mayor a written or printed accusation shall be preferred against the offender in manner and form as follows: State of Georgia, Town of McRae. I,, Marshal of said town, in the name and behalf of the Mayor and Councilmen of said town, charge and accusewith the offence of (here state the offence fully), contrary to the laws of said town, the peace, good order and dignity thereof, thisday of (fixing correct date), and shall be signed by the Marshal or his deputy or acting marshal, as prosecutor, and when such accusation is preferred, the same shall be sufficient authority to hold the accused until the final trial of the case, and to that end the accused may be imprisoned, unless he can give a good and sufficient bond and security for his or her appearence at such other time as may be reqired, and if such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the Council, and execution issued thereon by the Clerk, by first serving the principal, if to be found, and his securities with a rule nisi. Such rule shall be signed by the Clerk and Mayor, and should there be a defence to said rule, the same shall be heard by any Justice of the Peace in the militia district in which said town is situated. Power to arrest without warrant. Copy of accusation. Appearance bonds SEC. XXI. Be it further enacted, That all writs, processes and subp[oelig]nas issued in behalf of said town shall be directed to the Marshal of said town and signed in the same manner as executions. All executions issued in behalf of said town for the collection of taxes, fines, forfeitures, or for any other purpose shall be directed to the Marshal, signed by the Clerk and Mayor; and all sales by the Marshal of said town shall be advertised, if personal property, by posting said advertisement in three of the most public places in said town for ten days before the sale, and if real estate, the Marshal

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shall advertise the same in the public gazette in which the Sheriff's advertising of the county in which the property is situated is done, and shall advertise the same once a week for four weeks, and shall sell said real estate only on the first Tuesday in each month. All sales shall take place in front of the Council Chamber in said town, and when a claim or illegality may be interposed, the Marshall shall not sell, but in case of personal property, the claim or illegality shall be returned to the Justice Court of the district in which said town is situated, to be there tried, unless the amount of the execution shall exceed one hundred dollars, then the same shall be returnable to the Superior Court of Telfair county, and there tried, and in case of claim or illegality, be interposed to sale of real estate, the same shall be returnable to the Superior Court of the county in which the property is situated, and when there may be a claim or illegality interposed, the same rules and laws as regulate claims and illegalities in Justice Courts shall obtain, if returnable to a Justice Court, and if returnable to the Superior Court, the same rules and laws as regulate such matters in Superior Court shall obtain, and in any case if claims or illegality to a sale be interposed in which the same is returnable to Justice Court, there may be an appeal to Superior Court from the decision of the Justice in cases where the amount of the execution exceeds fifty dollars, and should the amount of the execution be fifty dollars or less, the case may be carried to the Superior Court by certiorari from the decision of the Justice. Writs and processes. Advertising Marshal's sales. Claims of illegality. Appeals. SEC. XXII. Be it further enacted, That there may be an appeal from the decision of the Mayor to the Board of Councilmen in all cases, and a majority of said board shall be sufficient to hear such appeal. The appellant before appealing must pay all cost, or file an affidavit that owing to his poverty he is unable to pay costs, and there may be a certiorari to the Superior Court in all cases from the decision of the Mayor, and there may also be a certiorari to the Superior from the decision of the Board of Councilmen in all cases. Appeals from decisions of the Mayor or Conncilmen. SEC. XXIII. Be it further enacted, All laws militating and in conflict with this Act be, and the same are hereby repealed. Approved August 28, 1889.

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NEW CHARTER FOR STATESBORO. No. 241. An Act to repeal an Act incorporating the town of Statesboro, in the county of Bulloch, approved December 20th, 1866, except as to making Statesboro permanent county seat, and to provide a new charter for said town, and for the election of a Mayor and Councilmen; to prescribe their powers and duties, and for other purposes. The General Assembly of the State of Georgia do enact that from and after the passage of this Act, an Act, approved December 20th, 1866, incorporating the town of Statesboro, in Bulloch county, in said State, and any Acts amendatory thereof, be, and the same is hereby, repealed, except as to making Statesboro the permanent county seat, and, that in lieu thereof, the following shall be the charter of the said town of Statesboro. SECTION I. Be it enacted, That the municipal government of the town of Statesboro, in the county of Bulloch, shall be vested in a Mayor and five Councilmen, who are hereby constituted a body corporate, under the name and style of the Mayor and Council of the town of Statesboro, and by that name and style shall have perpetual succession, and shall, in said name, be capable to sue and be sued, plead and be impleaded in any court of law and equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain to them and their successors, for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or name, within the limits of said town, and to sell, alien, exchange, lease or convey the same, or any part thereof, and to do all other acts relating to their corporate capacity, consistent with the Constitution and laws of said State. Municipal government. Name. General powers. SEC. II. Be it further enacted, That the corporate limits of said town of Statesboro shall extend and embrace one-half mile north, east, south and west, so as to have the corporation one mile square from the court house, in said town. Corporate limits. SEC. III. Be it further enacted, That an election shall be held in said town on the first Saturday in December, 1889, and at the same time in each and every year thereafter, at the court house, in said town, or wherever the Council shall appoint, for a Mayor and five Councilmen, who shall hold their offices for one year, or until their successors are elected and qualified. Said election shall be opened at 9 o'clock a. m. and closed at 4 p. m., to be held under the superintendence of a Justice of the Peace and two freeholders in said

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town, or by three freeholders, residents of said town, under the forms and regulations prescribed by law for the election of members of the General Assembly, in so far as they are applicable to such election, and do not conflict with the specific rules herein prescribed. Annual elections. SEC. IV. Be it further enacted, That said superintendents of election shall duly declare the result of such elections by issuing certificates of election to such persons as received the highest number of legal votes polled, who shall, as soon as practicable thereafter, qualify by taking an oath, before some officer authorized to administer oaths in this State, to well and truly porform the duties of their respective offices as such Mayor and Councilmen during their continuance therein; which oath, with a list of the voters, and tally-sheet and certificates of election, given by the superintendents, shall be entered of record on the minutes of said Council, and the originals filed with the Clerk or Recorder of Council. Certificates of election. SEC. V. Be it further enacted, That the qualifications of voters at said election shall be such as are required for electors to the General Assembly, and, in addition thereto, a bona fide resident within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes and fines required of them by said corporation; and no person shall be eligible to the election, or performing the duties of the office of Mayor or Councilmen, who is not a qualified voter in said town. Qualification of voters. SEC. VI. Be it further enacted, That in case of a vacancy in the office of Mayor or Councilmen, by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said Council still in office, to take palce at such time as may be specified in said order, after public notice of the same, by posting at the court house door, in said town, for the space of at least five days before said election. In the case of a vacancy in the office of Mayor, the same may be supplied by said Board of Councilmen, by election from their body a Mayor pro tem., who shall perform all the duties of said office until the election and qualification of his successor, as above provided. Vacancies. Mayor pro tem. SEC. VII. Be it further enacted, That said Mayor and Council shall have power to appoint a Clerk, Treasurer, Marshal, and such other officers as they may deem necessary and proper; to regulate the time and mode by which they will elect said officers; fix their fees and salaries; to take and fix their bonds; to prescribe their duties and oaths, and to remove them from office, and impose fines for neglect of duty for sufficient cause, at their discretion. Subordinate officers. SEC. VIII. Be it further enacted, That said Mayor and Council

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shall have full power and authority to assess, levy and collect such taxes, not exceeding fifty cents on the hundred, upon all and every species of property, both real and personal, within the limits of said town (except church and school property) at its market value, on the first day of April in each year. Every person owning property of any kind in said town shall, on or after the first day of April in each year, (the limit of time in which taxes can be returned shall be fixed by Council) make a return of all their real and personal property, in writing, under oath, to the Clerk or Recorder of the Council. And in case the return of property made by any person shall be below its market value, the Town Council shall have the right to ignore such return and assess the value of the same, and after said property has been so returned or assessed, and the rate of taxation fixed by Council, the time when the same shall be paid to the Treasurer of Council shall be fixed also, and if, after the expiration of the time fixed for the payment of all taxes levied, any person failing or refusing to pay the same, the Council shall have the authority to have executions issued against such defaulter or defaulters, signed by the Mayor and attested by the Clerk or Recorder, directed to the Marshal, who shall proceed to collect the same by levy and sale; in case of levy on personal property after ten days' advertisement at the court house door in said town, and in case of levy on real estate, to return the execution, with his levy thereon, to the Sheriff of Bulloch county, who shall advertise and sell the same, in the same manner as prescribed by State law for levies made on real estate and returned by constable. And the said Mayor and Council shall have the right and authority to provide punishment by fine or imprisonment of any person who shall resist the Marshal in the levy and sale of property as aforesaid. They shall have full power and authority to levy and collect such special tax on trades, businesses, occupations, theatrical exhibitions, or other performances exercised, performed or carried on within the corporate limits of said town, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers and other games or trades or occupations subject to special tax under the State law, as they may deem proper. They shall also have power to tax, license and regulate ten-pin alleys, billiard and pool tables, or to prohibit or to remove the same for sufficient cause, as they may deem necessary. Said special taxes to be collected as the general taxes are. Taxes. Returns. Tax defaulters. Punishment for resisting marshal Avocation tax. SEC. IX. Be it further enacted, That the Mayor and Council shall have full power and authority to open and condemn land for streets, and the value of the land so taken to be paid to the person owning same; or in case Council and said person do not agree as to the value of said lands, that Council and the party whose land is

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taken, each select an arbiter, and if they fail to agree as to price to be paid, a third person be called in by them, whose decision shall be final; change or abolish streets in said town, or to have removed all fences or other incumbrances that may be located or placed in said streets, and shall keep in good order the streets and sidewalks of said town; and may require and compel all persons residing in said town who may be subject by law to road duty to work on the streets and walks of said town not to exceed ten days in each year, but they may receive in lieu thereof a commutation fee from such persons, not less than two nor more than four dollars a year, and the Mayor of said town shall have the same power and authority to punish defaulters as the Road Commissioners now have or may hereafter have; Provided, no defaulter shall have the right to relieve himself of any fine or penalty imposed by the Mayor for his failure to perform street duty, after being returned by the Marshal as a defaulter, without the consent of Council by a majority vote. Authority to open or condem streets. Street work. Defaulters. SEC. X. Be it further enacted, That said Mayor and Council shall have full power and authority to enact and enforce all ordinances by laws, rules and regulations necessary for the good government of said town, and securing and promoting the health of the inhabitants thereof, not repugnant to the constitution and laws of this State. They may regulate or prohibit the running at large in said town of any horses, mules, cattle, hogs, dogs or other animals or fowls, and prescribe penalties therefor; to protect places of divine worship; to provide places for the burial of the dead, and to regulate interments therein; to make regulations to guard against danger or damage by fire; to drain such branches, ponds or pools as may be injurious to the health of the citszens; to abate all nuisances; to plant trees; regulate building houses, closing stores, and to do and perform, and enforce by resolution all laws for protecting the public health, to promote and protect the peace and good order of said town. Corporate powers. SEC. XI. Be it further enacted, That the Mayor shall hold a Police Court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, and shall keep a docket on which he shall enter all cases tried or judgments rendered by him; the punishment inflicted in no case to exceed a fine of fifty dollars or imprisonment in the county jail or town guard house, or labor on the public streets or works of said town to exceed thirty days, and in addition thereto, the costs of the proceeding; and all fines imposed and punishments inflicted may be enforced as follows: Any person convicted before the Mayor

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for a violation of any town ordinance shall immediately pay the fine imposed, or, in default thereof, the Mayor shall have the Marshal to place the defendant in the county jail or in the town guard house or upon the public works, as the case may be, for the term of imprisonment fixed in the Mayor's judgment or order, not to exceed thirty days. And it shall be the duty of the Marshal to execute all processes and orders of the Mayor and Council, and shall have the authority to press in any citizen or citizens of said town to aid him in executing or enforcing any judgment or order of the Mayor or Council or in making any arrest. It shall be the duty of the Mayor to act as presiding officer (except when he is absent or disqualified, when any member can act) of the Council when in session, (and the meetings of Council shall be at such times and places as they, by ordinance, may fix), and at all times to look after the promotion of the peace and good order and enforcement of the ordinances and by-laws of said town. And the Mayor shall also have the authority to bind over to the higher courts or, in default of bond, to place in the county jail any person brought before him, where the evidence discloses that said person has been guilty of violating any of the laws of this State. The Mayor shall have full power to punish for all contempts by fine and imprisonment as in other cases tried before him. There shall also be kept a record of all ordinances and a minute of the Council proceedings, all of which shall be open to the inspection of the public as other public records. Police Court. Fines. Processes and orders. Contempt. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1889.

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AMENDING CHARTER OF CAMILLA. No. 244. An Act to amend an Act establishing a new charter for the town of Camilla, Georgia, approved October 24, 1887, so as to add to section twenty-sixth of said Act the following proviso, to-wit: Provided, that said Mayor and Council shall not have power and authority to issue any license to any person whatsoever to sell ardent spirits, malt liquors, wines, ciders or other intoxicants within the corporate limits of said town, except upon the written consent of two-thirds of the bona fide resident freeholders of said town owning real estate within the corporate limits of said town. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section twenty-sixth (26) of an Act establishing a new charter for the town of Camilla, Georgia, approved October 24, 1887, be amended by adding to said section, at the end thereof and immediately following the word State, the following proviso, to-wit: Provided, that said Mayor and Council shall not have power and authority to issue any license to any person whomsoever to sell ardent spirits, malt liquors, wines, cider or other intoxicants within the corporate limits of said town, except upon the written consent of two-thirds of the bona fide resident freeholders of said town owning real estate within the corporate limits of said town. Amends section 26 of new charter. SEC. 2. Be it enacted by the General Assembly of the State of Georgia, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1889. AUTHORIZING MAYOR AND COUNCIL OF COLUMBUS TO MAKE TITLE TO COLUMBUS GAS COMPANY. No. 246. An Act to authorize and empower the Mayor and Council of the city of Columbus to make to the Gas Light Company, of Columbus, title to the land in said city, now held and occupied by said company, and for other purposes. WHEREAS, On the 13th day of December, in the year 1852, the Mayor and Council of the city of Columbus, desired to have gas

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works established in said city, for the purpose of lighting the houses and streets of said city. AND, WHEREAS, At that time there was a large area of land in said city which was unoccupied, and known as the City Commons. AND, WHEREAS, On said 13th day of December, 1852, the said Mayor and Council of the city of Columbus, set apart on the lands known as commons, a parcel of land as a site for the erection of such gas works. AND, WHEREAS, The persons interested in the establishment of such works, became an incorporated company, and were put in possession of said land by the authorities of the city of Columbus, as the property of the Gas Light Company of Columbus, and that said company did erect thereon large and valuable buildings, machinery and apparatus for the manufacture of gas, and have ever since held said land and property as their own, and have paid to said city taxes on said land for every year for the past thirty-six years. Preamble. AND, WHEREAS, By inadvertence no formal deed of conveyance was made by the city authorities of said land to the said gas company, except by the resolution which appears on their own book of minutes. AND, WHEREAS, The title of the aforesaid land has heretofore been placed in certain commissioners to sell and convey the same, but whose authority is so limited as to make it doubtful whether they have the power now to convey the same; for remedy whereof, SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That the Mayor and Council of the city of Columbus be, and they are hereby, authorized and empowered, by a proper deed, to convey to the Gas Light Company of Columbus title in fee simple to that tract and parcel now occupied by said Gas Light Company for their works, and on which is erected their buildings, fixtures, machinery and apparatus, and that which they now use in connection therewith, describing said property fully in said deed of conveyance. Authorized to make title. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1889.

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INCORPORATING TOWN OF LUMBER CITY. No. 255. An Act to incorporate the town of Lumber City, in the county of Telfair, and to grant certain powers and privileges to said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the town of Lumber City, in the county of Telfair, be, and the same is hereby, incorporated under the name of the town of Lumber City; that the municipal government of the town of Lumber City shall be vested in a Mayor and six Councilmen, who are hereby constituted a body corporate under the name and style of the town of Lumber City, and by that name and style shall have perpetual succession; and shall have a common seal, and be capable in equity and law to purchase, have, hold, receive and employ, possess and retain to them and their successors, for the use of the town of Lumber City, any estate, real and personal, of whatever kind or nature; and shall by the same name be capable to sue and be sued in any court of law and equity in this State; and to sell alien or lease any estate, real or personal, the property of, or belonging to, said corporation, or convey the same, or any part thereof, in any manner or way whatever; that the corporate limits of the town of Lumber City shall extend three-quarters of a mile in every direction from the depot of the East Tennessee, Virginia and Georgia Railway in said town. Corporate name. General powers. Corporate limits. SEC. II. Be it further enacted by the authority aforesaid, That John L. Day be, and he is hereby, appointed Mayor of said town, and John D. McLeod, Matt. Cook, D. C. McLennan, John H. Ryals, J. B. Reynolds and J. B. Spencer be, and they are hereby, appointed Councilmen of said town, to hold their offices until the first annual appointment by the Judge of the Superior Courts of the Oconee Circuit, of a Mayor and Councilmen of said town in the year 1890, until their successors are appointed and qualified; the above named officers to enter upon the duties of their offices immediately after the passage of this Act. Provisional Mayor and [Illegible Text] SEC. III. Be it further enacted, That on the second Wednesday in January, 1890, and on the second Wednesday in January in each year, thereafter, the Judge of the Superior Courts of the Oconee Circuit shall appoint a Mayor and six Councilmen who shall hold their offices for one year or until their successors are appointed

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and qualified, and if said Judge should fail from any cause to appoint a Mayor and Councilmen at the time above specified he may make the appointment at any time thereafter, and no person shall be eligible to the office of Mayor or Councilman who has not resided within said corporate limits at least six months previous to their appointment, and who is not a qualified voter for members of the General Assembly of Georgia; that said Judge shall issue certificates of appointment to those by him so appointed, who shall within twenty days from the date of such certificate qualify by taking an oath to well and truly perform the duties of their respective offices, before an officer authorized in this State to administer oaths, and said oath shall be filed with the Clerk of the Council, who shall enter the same of record on the minutes of the Council, and shall be by him preserved. Annual appointment of Mayor and Council by Judge of the Oconee Circuit. Oath of office. SEC. IV. Be it further enacted, That at the first meeting of said Council in each year, they shall choose from their own number a Mayor pro tempore, who shall, in the absence, sickness, or disqualification of the Mayor, perform all the duties required of the Mayor, and in case of the absence, sickness or disqualification of the Mayor and Mayor pro tempore, a majority of the Council shall choose one of themselves to act as Mayor temporarily. Mayor pro tempore. SEC. V. Be it further enacted, That in case of the death, resignation or removal from office, or removal from said town, of the Mayor or any of the Councilmen, the Clerk of Council shall immediately notify the Judge of the Superior Courts of the Oconee Circuit, who shall make an appointment to fill said vacancy, as is prescribed in third section of this Act. And any officer of said incorporation who shall be guilty of malpractice or abuse of the powers confided to him shall be subject to indictment in the Superior Court, and on conviction shall be fined not less than fifty dollars nor more than five hundred dollars (said fine to be paid over to the Treasurer of said town), or be imprisoned in the jail of Telfair county, or sentenced to work in any chain-gang in the State not to exceed six months, in the discretion of the court; and upon said coviction, said person shall be removed from office. Filling vacancies. Punishment for malpractice in office. SEC. VI. Be it further enacted, That said Mayor and Council shall have power and authority to elect such Marshals, Clerk and Treasurer as they may deem necessary for the purpose of carrying into effect the provisions of this Act, and the powers hereby conferred upon them, and to prescribe the fees and pay of such subornate officers, and to require such bonds for the faithful and due performance of the duties of such officers as they may deem necessary and proper; and they shall have power to remove them from

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office for a breach or neglect of duty, or incapacity to discharge their respective duties. Subordinate officers. Bonds. SEC. VII. Be it further enacted, That said incorporation shall have and enjoy all the rights, privileges and powers incident to such corporations, not repugnant to the Constitution of the United States, the Constitution of this State, and the laws made in pursuance thereof; and said corporation, by its Mayor and Councilmen, shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the good government of the said town, and the securing the health of the inhabitants thereof. Corporate powers. SEC. VIII. Be it further enacted, That the Mayor of said town shall hold a Police Court in said town at any time for the trial and punishment of all violations of the ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed a fine of one hundred dollars or by labor on the streets of said town or public works of said town not to exceed sixty days or imprisonment in the calaboose or guard house of said town not to exceed sixty days, and in addition thereto such costs of the proceedings as may be imposed; said fines to be collected by executions issued by the Clerk of Council against the estate, both real and personal, of the offender, if any to be found. Police Court. Limit of fines. SEC. IX. Be it further enacted, That the Mayor and other officers shall receive such pay and compensation as the Mayor and Council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Salaries. SEC. X. Be it further enacted, That the Mayor and Council of the town of Lumber City shall have the sole and exclusive power of granting license to retail or wholesale spirituous, ale, vinous and malt liquors and domestic wines in the town of Lumber City in any quantity, and of fixing the rate of such license at not less than five thousand dollars, and the terms upon which they shall be issued, of declaring such license void when said terms are not complied with. They shall also have power to license, regulate and control ten-pin alleys, billiard and pool tables, or to prohibit the establishment of said tables and to remove or abate said tables when they may deem necessary. They shall also have power to license all livery stables, and all buggies, hacks, wagons, carts, drays and other conveyances kept for hire in said town, and fix such rules and regulations as they may deem necessary to govern any person engaged in carrying passengers out of said town for pay. Liquor license. Special license. SEC. XI. Be it further enacted, That said corporation shall have full power and authority to assess, levy and collect such taxes upon real and personal estate, within the corporate limits of said town, as

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they deem necessary for the support and government of said town, not inconsistent with the laws and Constitution of this State, or of the United States; also, to levy such a tax on business occupations, theatrical exhibitions, or other performances, exercised, performed or exhibited within the corporate limits of said town, as may be deemed proper, and to fix such license on circuses, menageries, shows, including all shows of domestic or wild animals, as they may deem proper, and to fix such license on peddlers, vendors of patent medicines, corn doctors, sewing machine agents, and book agents, as they may deem proper. Taxes. Avocation tax. SEC. XII. Be it further enacted, That the Mayor and Council of said town shall have full power and authority to remove or cause to be removed, all buildings, porches, steps, fences, or other obstructions, or nuisances, in the public streets, lanes, alleys, sidewalks or public squares in said town; also, to regulate and control all taverns, hotels, restaurants, and all public houses in said town; if necessary, to establish a market in said town; to regulate all butcher pens, tan-yards, blacksmith shops, forges, stoves and chimneys within said town, and to remove, or cause to be removed, the same, or any of them, in case they should become dangerous, or injurious to the health or property of any citizen of the town, or become a nuisance; and, also, to fill up all pits, cellars and excavations in said town, or cause the owners to do so, when the Council shall deem the same necessary to be done; also, to regulate drays, omnibuses, buggies, carriages, wagons, and carts, owned and kept for use and hire in said town; also, full power to regulate and control all pumps, wells, livery stables, fire companies and engines, or any apparatus of like character within said town. Streets and public houses. Public vehicles. SEC. XIII. Be it further enacted, That the Mayor and Council shall have power to take up and impound any horse, mules, cattle, hogs, dogs, or other animals, running at large in said town, and to pass and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals. May impound stock, etc. SEC. XIV. Be it further enacted, That all males over the age of sixteen years, and under the age of fifty years, who have resided in said town ten days, shall be subject to work the streets of said town not exceeding ten days in each year, or to be taxed therefor, as the Council may direct and determine, as a commutation for such duty, not to exceed six dollars per year. The collection of said sum may be enforced by execution against the party, and said persons shall not be liable to road duty of said town. Street work. Commutation tax. SEC. XV. Be it further enacted, That the Mayor and Councilmen of said town shall have full power and anthority to open

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and lay out, to widen and straighten, or otherwise change the streets and alleys of said town; and shall have power to lay off, vacate, close up, open, alter, curb, pave, drain, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, cross walks, drains and gutters for the use of the public or any citizen thereof, to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide places for the burial of the dead, and regulate interments therein; to make regulations for guarding against fire, and to fix and establish fire limits, and from time to time to enlarge or restrict the same. Authority to open new streets, etc. SEC. XVI. Be it further enacted, That when the Mayor shall be presiding at any Police Court, or at any meeting of the Council, he shall have power to punish for contempt, by a fine not exceeding ten dollars, or imprisonment not exceeding forty-eight hours for each offense. Punishment for contempt of court. SEC. XVII. Be it further enacted, That the Marshal of said town, or the Mayor or any citizen may arrest without a warrant, any person whom he may see in the perpetration of a violation of ordinances of said town, and bring the offender before the Mayor for trial, and to this end may summon any citizen or citizens of said town as a posse to assist in such arrest. When brought before the Mayor a written or printed accusation shall be preferred against the offender in manner and form as follows: Authority of town Marshal. State of Georgia, Town of Lumber City. I,, Marshal of said town, charge and accusewith the offence of (here state the offence fully), contrary to the laws of said town, the peace, good order and dignity thereof. Thisday of, 18, and shall be signed by the Marshal or his deputy or acting marshal, as prosecutor, and when such accusation is preferred the same shall be sufficient authority to hold the accused until the final trial of the case, and to that end the accused may be imprisoned, unless he can give a good and sufficient bond and security for his or her appearance at such other time as may be required, and if such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the Council, and execution issued thereon by the Clerk by first serving the principal, if to be found, and his securities, with a rule nisi. Such rule shall be signed by the Clerk and Mayor, and should there be a defence to said rule, the same shall be heard by any Justice of the Peace in the militia district in which said town is situated. Form of accusation Bond. SEC. XVIII. Be it further enacted, That all writs, processes and subp[oelig]nas issued in behalf of said town shall be directed to the Marshal of said town and signed in the same manner as executions.

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All executions issued in behalf of said town for the collection of taxes, fines, forfeiture or for any other purposes, shall be directed to the Marshal, signed by the Clerk and Mayor; and all sales by the Marshal of said town shall be advertised, if personal property, by posting said advertisement in three of the most public places in said town for ten days before the sale, and if real estate the Marshal shall advertise the same in the public gazette in which the Sheriff's advertising of the county in which the property is situated is done, and shall advertise the same once a week for four weeks, and shall only sell said real estate on the first Tuesday in each month. All sales shall take place in front of the Council Chamber in said town, and when a claim or illegality may be interposed the Marshal shall not sell, but in case of personal property the claim or illegality shall be returned to the Justice Court of the district in which said town is situated, to be there tried unless the amount of the execution shall exceed one hundred dollars, then the same shall be returnable to the Superior Court of Telfair County, and there tried, and in case a claim or illegality be interposed to sale of real estate, the same shall be returnable to the Superior Court of the county in which the property is situated, and when there may be a claim or illegality interposed, the same rules and laws as regulate claims and illegalities in Justice Courts shall obtain if returnable to a Justice Court, and if returnable to the Superior Court the same rules and laws as regulate such matters in Superior Court shall obtain. Writs and processes. Advertising Marshal's sales Illegality claims. SEC. XIX. Be it further enacted, That there may be an appeal from the decision of the Mayor to the Board of Councilmen in all cases, and a majority of said board shall be sufficient to hear such appeal. The appellant, before appealing, must pay all costs or file an affidavit that owing to his poverty he is unable to pay cost, and there may be a certiorari to the Superior Court in all cases from the decision of the Mayor, and there may also be a certiorari to the Superior Court from the decision of the Board of Councilmen in all cases. Appeals. 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 September 3, 1889.

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AMENDING CHARTER OF LAGRANGE. No. 256. An Act to amend the charter of the city of LaGrange, Georgia, so as to confer upon the Mayor and Council the power to levy a tax of one-half of one per cent. ad valorem on the taxable property of said city, or so much thereof as may be necessary for the support of said city government, 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 that part of the charter of the city of LaGrange, Georgia, embraced in the Act to amend said charter, and approved December 13, 1871, be amended by striking out the words one-quarter, in the eighth line of said Act, and in lieu thereof insert the words one-half, so that, as amended, said section shall read: Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Mayor and Council of the city of LaGrange, in addition to the powers already conferred upon them by law, shall have full power and authority to levy and collect such a tax upon the property subject to taxation according to valuation under the present law as, in their judgment, the wants and necessities of the city may require; Provided, such taxation shall not be more than one-half of one per cent. upon the valuation of said property. Amends original charter. Limit of taxation. SEC II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 3, 1889.

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AMENDING CHARTER OF THE CITY OF ATLANTA. No. 257. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to authorize and provide as follows, to-wit: That the Mayor pro tem. shall preside over the meetings of the General Council and Board of Aldermen, as by this Act provided. Authorizing the Mayor to execute speedily the recommendations of the building inspectors. Authorizing the issue of two hundred and fifty thousand dollars ($250,000) of bonds for increasing the water supply of said city. To provide that the Mayor shall be ex-officio a member of the Board of Health of said city. To authorize said city to require fire escapes to be placed upon such buildings as require the same for the protection of human life. To incorporate for police purposes land now outside of said city adjacent to L. P. Grant Park. To extend the corporate limits of said city for all purposes and jurisdiction of said city, over and to embrace territory as provided by this Act. To confer upon the Recorder's or Mayor's Court of said city the jurisdiction now devolving upon the Mayor and General Council in the trial and abatement of certain nuisances, as provided by the law of the State, as contained in certain sections of the Code of Georgia. To establish the office of City Comptroller of said city. To authorize and provide for the registration of bonds of said city. To require railroad companies to crect bridges across their tracks and road-beds where the same cross the public streets of said city in all cases in which the Mayor and General Council shall declare the same necessary for the protection of human life, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act establishing a new charter for the city of Atlanta, approved February the 28th, 1874, and the several Acts amendatory thereof be, and the same are hereby amended, as follows, to-wit: SECTION I. That from and after the passage of this Act, the General Council and Board of Aldermen and the Board of Councilmen shall be presided over by the Mayor pro tem., except as hereinafter provided. At the first meeting in January of each year the Mayor shall preside over the General Council and administer the oath to the newly elected members, and announce the standing

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committees for the year, and then the General Council shall proceed to the election of a Mayor pro tem. The Mayor shall also preside at the sessions of the General Council during the election of officers. The Mayor and Mayor pro tem., when presiding respectively over the General Council, Board of Aldermen and Board of Councilmen, as above provided, shall have no vote except in case of a tie. Within four days after the passage thereof, the Mayor, or, in his absence, the Mayor pro tem. shall approve or veto the resolutions, orders, ordinances and other actions of the General Council or Board of Aldermen and Board of Councilmen, except the election of officers. Mayor pro tem. to preside at meetings of general Council and Board of Aldermen. SEC. II. Be it further enacted by the authority aforesaid, That the report of the Building Inspectors shall be made to the Mayor, and the Mayor shall have full power and authority to execute, in a summary manner, the recommendations of said Inspectors, or a majority of them, at the expense of the owner of the building or wall, or the owner of the lot upon which the same may be located, after giving the owner such notice as may seem reasonable in the discretion of the Mayor, if notice can be served upon him, such expense to be collected by execution, to be issued by the Clerk of the Council. Reports of building inspectors. SEC. III. Be it further enacted by the authority aforesaid, That the Mayor and General Council of the city of Atlanta be, and they are hereby, authorized to issue bonds to the amount of two hundred and fifty thousand dollars ($250,000), or so much thereof as may be necessary and allowed by the Constitution of the State, in such denominations and to be due at such times as they may determine, and to bear interest at a rate not to exceed four and a half (4) per cent. per annum, for the purpose of increasing the water supply of the city of Atlanta. Authority to issue bonds to increase water supply. SEC. IV. Be it further enacted, That the Mayor of said city shall be ex-officio a member of the Board of Health of said city. Mayor ex-officio member Board of Health. SEC. V. Be it further enacted, That the Mayor and General Council of the city of Atlanta are hereby authorized and empowered, whenever in their judgment the same is necessary for the safety and protection of human life, to require of the owner, agent, lessee or tenant in possession of any building in said city, to place thereon fire escapes of such character and material as may be by said Mayor and General Council deemed requisite. After notice to place fire escapes on any building, and failure within the time specified to place the same, the owner, agent, lessee, or tenant in possession who shall have been served with such notice, shall be subject to fine or imprisonment, or both, as provided by the charter

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of said city and ordinances passed in pursuance thereof. Said Mayor and General Council shall have power to prescribe by ordinance for the regulation of the placing of fire escapes on buildings in said city, requiring the same, as to notice, time within which to place the same after notice and otherwise. Fire escapes. SEC. VI. Be it further enacted, That the territory in Fulton county, said State, outside of the present corporate limits of said city, adjacent to L. P. Grant Park, and from one mile in each and every direction from said park, is hereby incorporated under the jurisdiction of said city. Corporate limits extended. SEC. VII. Be it further enacted, That the corporate limits of said city of Atlanta are hereby extended for all purposes and jurisdiction of said city over and to embrace all the territory lying within one-fourth of a mile of the present corporate limits in each and every direction from the present corporate line, so as to hereby provide that the corporate limits of said city shall extend one mile and three-fourths in each and every direction from the present center of said city. But this extension of one-quarter of a mile shall not apply to and part of the incorporated town of West End, which shall vote as a whole on the question of becoming incorporated as a whole in said city of Atlanta. The Ordinary of Fulton county, Georgia, shall submit to the qualified voters of the town of West End the propriety of such extension by ordering an election, to be held at some central and convenient place, by him designated, in said town of West End, 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 continually resided in said town of West End for three months immediately previous to said election, and who are otherwise qualified to vote for members of the General Assembly. Said election shall, by the Ordinary, be provided to take place not earlier than thirty days after the approval of this Act, and not later than ninety days after the approval of this Act. After said election is ordered, the Ordinary shall publish notice of the time and place of the same by at least two insertions in one or more of the daily papers published in Atlanta before said election, the first notice of which shall be published at least twenty days before said election. Persons residing within said town of West End 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, should they have complied with the requirements necessary for county registration, before a Registrar, who shall be appointed by the Ordinary for said purpose. Said Registrar shall open a book

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at a convenient place in West End, named by the Ordinary, at least twenty days before said election, and keep the same open fifteen days. Said registration shall be conducted under the same rules as general county registrations, so far as, in the opinion of the Ordinary, the same may be made applicable; and the expense of said registration shall be paid by the city of Atlanta. No one in said territory of West End shall vote in said election who has not been registered as above provided for; and any one voting therein at this election without having registered, or who is not qualified to vote thereat, shall be guilty of illegal voting, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. In said election those who favor said extension of the city limits of Atlanta to include the whole of West End shall have plainly written on their ballots For Extension, and those opposed to said extension shall vote Against Extension. If the majority of the lawful votes cast at said election shall be Against Extension, the said extension shall not be made; but if a majority of the lawful votes be For Extension, then the Ordinary of Fulton county shall make proclamation of the result, and thereupon the corporate limits of said city of Atlanta shall be extended so as to embrace all the territory of the town of West End. The managers of said election shall count the ballots cast thereat and they, or a majority of them, shall forth with certify the result to the Ordinary, and shall deliver to him the ballots and a list of the voters, and the ballots shall be numbered and a list of the voters and tally sheets shall be kept as in other elections. Should the result of said election be For Extension, then the said city of Atlanta shall assume and pay the debt of West End, and shall become the possessor of the town of West End's interest in the school building and such other property as belongs to the town of West End, and shall pay for such part of said school building as is not represented in the public debt. After the public debt is paid, such balance as is due for property coming into possession of the city shall be invested at once in the improvement of the streets of West End or in extending water mains in West End. Said city of Atlanta shall establish said school building as a public school, and shall continue it or another as such. In the event of the extension of the corporate limits of Atlanta over the town of West End, said city of Atlanta shall, during each of the next ten years, expend the amount of all the city taxes collected on the real and personal property subject to taxation in said territory of West End only in and for the benefit of West End. In the event said extension is made, the territory now known as West End shall become the seventh ward of Atlanta, with

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all the rights and privileges of the other wards of the city. The extended territory outside of West End shall be added to the wards of the city by continuing the lines of such wards to the extent of the extended limits; Provided, the City Council shall have the right to establish the nearest practicable streets as such ward lines. The sale of liquor, or beer, or other intoxicating drinks is hereby prohibited in any part of the limits herein provided to be included in the corporate limits of Atlanta. Nothing in this Act shall have the effect or opreate to repeal the incorporation for police purposes of any territory not embraced in the corporate limits of said city as extended by this Act. Further extension of corporate limits. Does not apply to West End. Election ordered for West End. Manner of registration. Ballots. Result of election. All taxes collected to be expended for benefit of West End. Proviso. SEC. VIII. Be it further enacted by the authority aforesaid, That in addition to the territory hereinbefore mentioned, the said limits of the city of Atlanta shall be extended along the track of the Georgia Railroad to the line dividing the property formerly owned by Mrs. R. M. Clarke, and now owned by the East Atlanta Land Company, from the place owned by Mrs. Ed. Holland, and thence northwardly along said line, along the property of the East Atlanta Land Company, and thence westwardly along the line of said company back to the present limits of the city of Atlanta. Further extension of corporate line. SEC. IX. Be it further enacted, That the jurisdiction now vested in the Mayor and General Council of said city under and by the laws of this State, as contained in the Code of Georgia of 1882, in sections 4094 to 4100 inclusive, in respect to the trial and abatement of nuisances as set forth in said Code and sections be, and the same is hereby devolved upon and vested in the Recorder's or Mayor's Court of said city. Said Recorder's or Mayor's Court shall have the same jurisdiction, power and duty as to the trial and abatement of said nuisances as the Mayor and General Council of said city has heretofore had, and said Mayor and General Council are hereby relieved of jurisdiction and duty to try, hear or abate such nuisances; Provided and except, that nothing in this Act contained shall divest the Mayor and General Council or Board of Health of said city of jurisdiction as to nuisances affecting health, as now provided by law. Abatement of nuisances vested in Recorder's Court. Proviso. SEC. X. Be it further enacted, That the office of City Comptroller of said city is hereby created. The City Comptroller shall be appointed by the Mayor, subject to confirmation by the General Council by a two-thirds vote of the members present at a regular meeting thereof. The City Comptroller now serving under appointment and confirmation, as by ordinance of said city provided, shall serve until the first regular meeting of the General Council in April, 1891, and until his successor is appointed, confirmed ad qualified,

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unless sooner removed by the Mayor for cause. All subsequent appointments, except to fill vacancies, shall be for a term of two years, with the same right of removal by the Mayor for cause. The City Comptroller shall receive for the term he is now serving the salary heretofore prescribed by ordinance, and for succeeding terms the salary that may be prescribed by the Mayor and General Council for the year preceding his appointment, which shall not be changed during his term of office. He shall give bond in such sum as may be prescribed by ordinance, with security, subject to approval by the Mayor, conditioned for the faithful performance of his duties. The duties of said City Comptroller shall be such as are now or from time to time may be prescribed by ordinance to said city. Said city of Atlanta shall have power to devolve upon the City Comptroller any duty or authority now and heretofore devolving upon any other officer of said city by charter or law, whenever the Mayor and General Council may deem it necessary or proper. To enable the City Comptroller to keep a general set of books for said city, and to keep regular and correct accounts, showing the financial transactions of said city separately and under proper heads, with all persons and city officers who may have money transactions with said city, and to enable a complete system of checks and balances to be provided for said city, said city may by ordinance provide for the apportionment of the revenue or income of the city each year to such departments or heads, and to such number of departments or heads as may be deemed requisite, instead of two departments or heads heretofore provided by charter of said city in section 35 thereof and elsewhere therein; and said city may by ordinance change the name, number and order of departments or heads heretofore provided, but all the other financial provisions of the charter and amendments thereto of said city are continued of force, except as changed by this Act. Whenever a warrant or claim shall be presented to the City Comptroller he shall have power to require evidence that the amount claimed is justly due, and for that purpose may summons before him any officer, agent or employe of any department of said city, or any other person, and examine him upon oath or affirmation relative to such warrant or claim, and may require the production of books and papers to be used as evidence before him. The office of Tax Receiver and Collector of said city is hereby changed to that of Tax Collector, and the offices of Assistant Tax Receivers and Assessors are hereby changed to Tax Assessors and Receivers. The Tax Assessors and Receivers shall assess real and personal property, and receive returns for taxes and perform such other duties as may be prescribed by ordinance, The

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Mayor and General Council of said city shall designate one of the Tax Assessors and Receivers as chief assessor, whose duty it shall be to direct the affairs of, and who shall be responsible for the conduct of the work of the office of said Assessors and Receivers. The manner of such designation, and the regulation of the work and office of said Assessors and Receivers, shall be such as may be prescribed by ordinance or resolution of the Mayor and General Council. The Chief Assessor shall receive such salary, if any, in addition to that provided for the Assessors and Receivers as may be deemed proper, which shall be fixed before designation, and shall not be changed during the term of such designation. The office of Tax Collector of said city shall be separate and distinct from that of Tax Assessors and Receivers. The Tax Collector shall collect the tax of said city, under such rules and regulations as may be prescribed by ordinance, and shall perform such other duties in connection therewith or incident thereto as may be provided by ordinance, not in conflict with this Act and the charter of said city, of which this is amendatory. To carry out the purposes of this Act, said city may by ordinance require of any officer of said city the performance of any duty deemed necessary or proper thereto. Hereafter all assessments, and all returns of property of every kind, and returns for street and sanitary, and any and all other tax, for taxation by said city, shall be made by the 20th day of May of each year, instead of by the first day of May, as heretofore provided by section 35 of the charter of said city. The estimate of the income of said city, and apportionment thereof, by said section 35 of said charter, required to be made by the 10th day of May of each year, shall hereafter be made at the first meeting of the General Council, in June of each year. In all cases of failure to return property, real, personal, or otherwise, for taxation, by the 20th of May of each year, a penalty of 10 per cent. shall be added to the value of the property of such defaulting owners for taxation, ascertained by the return of the previous year, or otherwise, and by failure to return by 20th day of May of each year for street, sanitary or other capitation tax, the penalty shall be double tax. But the Mayor and General Council shall have power to relieve against the penalty for failure to return within the time provided, where the failure and omission are due to unavoidable or sufficient cause. Notice of the time of closing the books for receiving returns shall be published in one or more of the daily papers of said city, for at least four insertions, between the 1st and 20th of May of each year, and oftener, if deemed necessary, by the Mayor and General Council. Creating office of city Comptroller. Salary. Bond. His duties. Department of accounts. Warrants or claims. Tax Receiver and Collectors. Tax Assessors. Chief Assessor's salary. Duties of Tax Collector. Returns must be made by May 20th. Penalty. Closing books. SEC. XI. Be it further enacted, That section 26 of the charter of

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said city and an Act amending said charter and section, approved September 3, 1879, be, and the same are hereby amended so as to provide that a registration or business tax such as may be required under said charter, and amendment, may be as much as fifty dollars on persons, firms or corporations, that may be required by ordinance to pay tax ad valorem on merchandise or materials, but no person, firm or corporation, required to pay tax ad valorem on merchandise or materials, shall be required to pay more than fifty dollars annually. The provisions of this Act in no wise to interfere with or repeal sections 27, 28, 29, 30 and 31 of an Act entitled an Act to establish a new charter for the city of Atlanta, approved February 28, 1874, which said named sections refer to and authorize said city to levy and to collect tax on the retail of ardent spirits, theatrical companies or performances, or other exhibitions, billiard tables, ten-pin alleys, nine-pin alleys, or alleys of any kind, ect., brokerage business, pawn-brokers, and itinerant traders. Nor is anything in this Act to interfere with or repeal any law, authorizing tax or license charge, for the sale of lager beer at retail, or other business for which the authority to tax is separately or specially provided for by law; nor is anything herein to interfere with or repeal the authority existing by the Act of September 3rd, 1879, above referred to, to tax business as by said Act; Provided, as much as two hundred ($200) dollars per annum in cases when merchandise or materials are not taxed ad valorem. Amending registration or business tax. Does not effect certain sections of new charter. Proviso. SEC. XII. Be it further enacted, That the Mayor and General Council of said city shall have the power and authority to regulate the sale of liquors at wholesale in said city. Wholesale liquor license. SEC. XIII. Be it further enacted, That the Mayor and General Council of said city of Atlanta are hereby authorized and empowered to provide for and regulate the registration of bonds of said city with the Treasurer of said city in as full and ample manner as is provided by the laws of this State for the registration of bonds of this State. Said Mayor and General Council shall have the power to prescribe the manner in which bonds of said city which have been registered may be transferred or negotiated. Registration of bonds. SEC. XIV. Be it further enacted, That said Mayor and General Council may provide for the issuing of registered bonds of said city in lieu of any bonds authorized to be issued in pursuance of this Act, and in lieu of any coupon bonds of said city heretofore, or that may be hereafter issued by said city. Said registered bonds shall be similar in all respects to the bonds authorized to be issued by said city under the Acts respectively authorizing the issue of the same, except that registered bonds under this section of this Act

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shall not be coupon bonds, and the principal and interest shall be payable only at the Treasury of said city. Said bonds registered under and by virtue of this section shall be transferable on the books of the Treasurer of said city in the manner in substance provided for the transfer of the bonds of the State of Georgia, authorized to be registered by the third section of an Act, approved September 5, 1887, and which said Act provided for the issue, registration, etc., of the bonds of the State of Georgia. Authority to issue registered bonds. Transfer of bonds. SEC. XV. Be it further enacted, That any guardian or trustee, in his discretion, may invest any funds of his ward or cestui qui trust in his hands in bonds of said city of Atlanta in the same manner and to the same extent as such funds may be invested in stocks, bonds, and other securities of the State of Georgia. Guardians or trustee may invest in said bonds. SEC. XVI. Be it further enacted, That the Mayor and General Council of said city are hereby authorized and empowered to require all railroads and railroad companies to erect suitable bridges across their tracks and road-beds where the same cross the public streets of said city in all cases in which said Mayor and General Council shall declare the same necessary for the protection of human life. It shall also be the duty of railroads or railroad companies having bridges erected, or where they may hereafter erect bridges across their tracks and road-beds, where the same cross the public streets of said city, to keep said bridges and the approaches thereto, and the foundations and pillars and supports thereof in safe condition, and so as to admit of comfortable travel on any such street. Said Mayor and General Council shall have the authority to regulate the building and repair of such bridges in so far as to declare the general character of such bridge or repairs suitable to be made, and to provide for the drainage, light and comfort of said bridge, and the street adjacent thereto or thereunder, and to provide for the least obstruction by supports and otherwise of any portion of the street practicable and consistent with safety. In case of the failure of any railroad or railroad company, after reasonable notice to do so, to build or repair a bridge or the approaches thereto or otherwise, as provided above, said Mayor and General Council shall have the authority to do such building, repairing, or putting in safe and comfortable condition at the expense with interest and costs of such railroad or railroad company, for which execution may issue as other executions are issued by said city, and be levied on any property of such railroad or railroad company, and such execution shall bear interest at the rate of seven per cent. per annum; Provided, that nothing in this section contained shall require railroads and railroad companies to build bridges otherwise than as required by

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the general law of this State, or the charters of such railroad companies respectively, except in all cases in which a public street was in existence before the tracks and road-beds of any such railroad or railroad companies were laid or placed across any such public street. Railroad companies required to erect bridges across public streets when necessary. In case of failure on part of railroad the city may build at expense of said railroad. Proviso. SEC. XVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 4, 1889. EXTENDING CORPORATE LIMITS OF HARTWELL. No. 260. An Act to alter and amend an Act to incorporate the town of Hartwell, in the county of Hart, and for other purposes therein named, approved February 26, 1856, so as to extend the corporate limits of said town to a distance of one mile in each direction from the center of the court house; to fix and define the qualification of voters at municipal elections in said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the corporate limits of the town of Hartwell shall extend a distance of one mile in each direction from the center of the court house. Corporate limits extended. SEC. II. Be it further enacted by the authority aforesaid, That no person shall vote in any municipal election in said town unless he has been a bona fide resident thereof for a period of six months immediately preceding such election; Provided, that at the first municipal election held after the passage of this Act, said six months' residence shall not be required of any voter who is made a citizen of said town by this Act. Qualification of voters. Proviso. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889.

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AMENDING CHARTER OF GRIFFIN. No. 264. An Act to amend the charter of Griffin, and the various Acts amendatory thereof; also to repeal a portion of the Act of the Legislature, approved October 13, 1887, amending the charter of Griffin, so that the Mayor and Council shall be authorized to levy a tax of one-fourth of one per centum per annum upon all property, real and personal, within the corporate limits of said city, for the purpose of lighting the streets and for water works in and for said city; the money arising therefrom to be used for lighting the streets, for water works, or for both, in the discretion of the Mayor and Council. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the charter of the city of Griffin and the Acts amendatory thereof authorizing the Mayor and Council to levy certain taxes upon property in said city, limiting the amount of the same, and providing how the money so raised shall be appropriated, be altered and amended so that the Mayor and Council shall be authorized to levy and collect a tax of one-fourth of one per centum per annum upon all property, real and personal, in the city limits of Griffin, for the purpose of lighting the streets of said city either with gas, electricity or otherwise, and to maintain a system of water works in and for said city. The money arising from this tax may all be applied to lighting the streets, or all applied to water works, or divided between the two in such amounts or in such manner as the Mayor and Council may desire. This Act is intended to repeal so much of the Act of the Legislature, approved October 13, 1887, amending the charter of Griffin, as conflicts with this Act. Charter amended. Rate of taxation. SEC. II. Be it further enacted by the authority aforesaid, That all Acts and parts of Acts in conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889.

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NEW CHARTER FOR BUENA VISTA RATIFIED. No. 271. An Act to ratify and amend an Act entitled an Act to repeal an Act, approved January 26, 1850, incorporating the town of Buena Vista, in the county of Marion, and Acts amendatory thereof, and to establish a new charter for said town, and for other purposes, approved Dec. 24, 1888. SECTION I. Be it enacted by the General Assembly of said State, and it is hereby enacted by authority of the same, That said Act approved December 24, 1888, be, and the same is hereby ratified and made legal by this Act. Charter ratified. SEC. II. Be it further enacted, That the second section of said Act of December 24, 1888, be amended by striking the words, three-quarters of a mile in the third and fourth lines of said section, and inserting in lien thereof, the words one mile, so that said section when so amended shall read as follows: The said town of Buena Vista, in the county of Marion, be incorporated with corporate limits extending one mile each way from the court house, in said town, under the name and style of the City Council of Buena Vista. Corporate limits extended. SEC. III. Be it further enacted, That the election held on the first Tuesday in February, 1889, in pursuance of said Act of December 24th, 1888, for Mayor and Councilmen of said town, and all acts and ordinances passed by them be, and the same are hereby confirmed and made valid until the election provided for in section 4 of this Act be held and the officers qualified. Election of Mayor and Councilmen confirmed. SEC. IV. Be it further enacted, That twenty days after the passage and approval of this Act an election be held in said town for a Mayor and five Councilmen for said town to succeed the present incumbents, said election to be held in the same manner as for members of the General Assembly and all subsequent elections to be held in accordance with the provisions of section 781 of the code of 1882. Election of Mayor and Councilmen. SEC. V. Be it further enacted, That this amendment, and the Act of which it is an amendment, shall not be construed to repeal an Act entiled an Act to prescribe the mode of granting license to sell intoxicating liquors in the town of Buena Vista, Marion county, Ga., approved February 9th, 1877. Proviso. SEC. VI. Be it further enacted, That no tax shall be levied upon real estate within the corporate limits of said town which is

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used exclusively for farming purposes; Provided, the dwelling houses and those buildings within the curtilage on farms shall not be exempt from taxation. Farming lands exempt from taxation. SEC. VII. Be it further enacted, That in addition to the powers allowed, the Mayor and Council, by section 789 of the code of 1882 over taxation, they shall have power to levy and collect a specific tax upon all guano agents, insurance agents, merchants, shopkeepers, doctors, lawyers, druggists, mechanics, artificers and all other avocations or business, except commercial travelers; Provided, that the Mayor and Council may, in their discretion, regulate the amount of the specific tax to be collected of the above-named parties, in accordance with the amount of business done by them. Special taxes. Proviso. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 10, 1889. AMENDING THE CHARTER OF EASTMAN. No. 277. An Act to amend section ten of an Act, entitled an Act to incorporate the town of Eastman, etc., approved December 15, 1876, providing that the county of Dodge shall pay jail fees in State cases. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section ten of the above recited Act, be amended by adding the following proviso to said section, to-wit: Provided, that when any person is committed to jail for offenses against the State, the county of Dodge shall be liable for the jail fees. Dodge county liable for jail, fees. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889.

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AMENDING CHARTER OF CHAUNCEY. No. 278. An Act to amend sections ten and eighteen of an Act entitled An Act to incorporate the town of Chauncey, in Dodge county, approved September 11, 1883; Provided, that the county of Dodge shall pay jail fees in State cases, and that Marshal's sales be had in the town of Chauncey. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section ten of the above recited Act be amended by adding the following proviso to said section, to-wit: Provided, that when any person is committed to jail for offenses against the State, the county of Dodge shall be liable for the jail fees. Amends section 10Jail fees. SEC. II. Be it further enacted, That section eighteen of the said Act be amended by adding the following proviso to said section, to-wit; Provided, that all sales by the Marshal of the town of Chauncey, where the amount involved is under one hundred dollars, shall be had at the city hall in said town, during the legal hours of sale, and after posting an advertisement of same on the door of said city hall for ten days. Marshal's sales. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889. AMENDING CHARTER OF CHAUNCEY. No. 279. An Act to amend An Act to incorporate the town of Chauncey, in Dodge county, approved September 11th, 1883, providing for the punishment of offenders against the laws of said town, by confinement in the jail of the county, or in the guard-house of the town, or to work upon the streets of the town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, when any person shall be convicted of the offense of violating any ordinance of the town of Chauncey, such person may be sentenced by the

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court trying the same to confinement in the common jail of the county, or in the guard-house of the town of Chauncey, for a time not longer than thirty days, which punishment may be commuted by the payment of such fine as the court may impose, in accordance with the charter and ordinances of said town of Chauncey. Charter amended. Imprisonment and fines for violating ordinances SEC. II. Be it further enacted, That all laws in conflict with this Act be repealed. Approved September 12, 1889. EXTENDING CORPORATE LIMITS OF EASTMAN. No. 280. An Act to extend the corporate limits of Eastman, in the county of Dodge, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the town of Eastman, in the said State, shall be extended so as to include the territory within the following limits, to-wit: Commencing at the northwest corner of lot number eight in the fifteenth district, and running along the boundary line of said lot southwesterly eighteen hundred feet to a post; thence at right angles across said lot number eight, crossing the district line between districts fifteen and sixteen, nineteen hundred and ten feet from northwest corner of lot three hundred and eight in the sixteenth district, and continuing across said lot three hundred and eight to a post on the northeast boundary line of said lot, a distance from the northeast corner of three hundred an eight nineteen hundred and ten feet; thence at right angles to the northeast corner of said lot three hundred and eight in the sixteenth district. Corporate limits exteuded. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889.

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AMENDING CHARTER OF CAIRO. No. 293. An Act to amend an Act, approved October 28, 1870, entitled An Act to incorporate the town of Cairo, in the county of Thomas, and for other purposes, so as to confer the power and authority to elect the Marshal upon the Mayor and Councilmen of said town; to empower said Mayor and Councilmen to dismiss from office said Marshal for failure or neglect to perform the duties of his office; to require bond and security of said Marshal in such amount as they may think proper and right, and to make three months' instead of ten days' residence necessary to qualify a voter in the town elections; to change the place of holding said election from the usual place of holding the Justice Court in said town to the town hall, and to substitute for the words Atlantic and Gulf the words The Savannah, Florida and Western. 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 one of an Act, approved October 28, 1870, entitled an Act to incorporate the town of Cairo, in the county of Thomas, and the town of Subligna, in the county of Chattooga, and to provide for the election of Mayor, Councilmen, Marshal, Clerk and Treasurer of same, and for other purposes, so far as the same relates to the town of Cairo, be, and the same is hereby amended by substituting for the words Atlantic and Gulf the words The Savannah, Florida and Western; by striking out the words ten days and substituting in lieu thereof the words three months; by striking out the words usual place of holding the Justice Court and substituting in lieu thereof the words town hall, and by striking out after the word Councilmen and before the word and the words and one Marshal, so that said section, when amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, That the inhabitants now living, and that may hereafter reside upon the territory within a half mile in all directions from the depot of the Savannah, Florida and Western Railroad, in the town of Cairo, in the county of Thomas, be, and they are hereby constituted and made a body corporate by the name and style of the town of Cairo; and the said inhabitants who are entitled to vote for the members of the General Assembly of the State of Georgia and have resided three months within said corporate limits, and who

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have paid all legal taxes required of them by said town, shall meet at the town hall in said town on the first Saturday in November next, and on the first Saturday in November in each year thereafter, and elect from the citizens of said corporate limits one Mayor and five Councilmen, and said Mayor and Councilmen shall be vested with the municipal government of said town of Cairo, and as Mayor and Councilmen of said town, and under that name and style, shall have full power to have a common seal or scroll, and to hold, purchase, have, receive, enjoy, possess and retain to them and their successors in office, for the use of said town of Cairo, any real or personal estate within the jurisdictional limits of said town of Cairo, and shall be capable, under the aforesaid name and style, to sue and be sued in any court of law or equity in this State. Amends section one of original charter. Boundary defined. General powers. SEC. II. Be it further enacted by the authority of the same, That section six of the above recited Act, be, and the same is hereby amended, by adding after the word elect and before the word one the words a Marshal and from and after the word Treasurer and before the word in the words and Marshal so that said section when amended shall read as follows: And be it further enacted, That said Mayor and Council shall elect a Marshal, and from one of their number a Clerk and Treasurer of Council, and fix the salaries of said Mayor, Marshal, Clerk and Treasurer, and shall require bond and security from said Clerk and Treasurer and Marshal, for the faithful performance of their respective duties, in such amount as they may think proper and right. Amending section 6. Subordinate officers. SEC. III. Be it further enacted by the authority of the same, That section 9 of the above recited Act, be, and the same is hereby amended by adding after the word Mayor and before the word shall the words and Council and by striking out after the word office and before the word and the words and immediately to give ten days' notice of an election for another, so that said section when amended shall read as follows: And be it further enacted, That said Mayor and Council shall have power to dismiss from office said Marshal for failure or neglect to perform the duties of his office, and shall appoint a Marshal to act in and during the term of all vacancies. Provided, that no by-law, rules or regulations, shall be of force which is in violation of the laws and Constitution of this State. Amends section 9. Authority to suspend Marshal. SEC. IV. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889.

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CONFIRMING GRANT BY CITY OF SAVANNAH TO ANDREW HANLEY. No. 302. An Act to authorize and empower, ratify, and confirm the granting by the Mayor and Aldermen of the city of Savannah to Andrew Hanley of eight (8) feet of and from the south side of President street, between Whitaker street and St. James Square, in said city of Savannah, the said strip of eight (8) feet to be added to and form a part of lot letter Q, Heathcote Ward, so as to bring the northern line of said lot out eight feet, conforming it to the present line of lot letter H, Pereival Ward, and the proposed line of lot letter G, Percival Ward, upon the payment by the said Hanley to the Mayor and Aldermen of the city of Savannah of the value of said strip of land, as ascertained and agreed upon between the said parties, and for other purposes. WHEREAS, An ordinance was passed in Council, Savannah, Ga., on July 1st, 1889, to convey a certain strip of land eight (8) feet in width, and hereinafter fully described, to Andrew Hanley, for the sum of three thousand ($3,000) dollars, conditioned upon the confirmation of such ordinance by the Legislature of Georgia; therefore, Preamble. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Mayor and Aldermen of the city of Savannah be, and they are hereby authorized and empowered to grant to Andrew Hanley that certain strip of ground, being eight (8) feet in width of and from the south side of President street, between Whitaker street and St. James Square, in the city of Savannah, Georgia, the said strip of eight (8) feet to be added to and form a part of lot letter Q, Heathcote Ward, so as to bring the northern line of said lot out eight feet, conforming it to the present line of lot letter H, Percival Ward, and the proposed line of lot letter G, Percival Ward, upon the payment by the said Andrew Hanley to the Mayor and Aldermen of the city of Savannah, and into the Treasury of said city of Savannah, of the sum of three thousand ($3,000) dollars, as heretofore ordained, towit: On July 1st, 1889, by the Mayor and Aldermen of the city of Savannah, in Council assembled. Authority to grant strip of land to Andrew Hanley. SEC. II. Be it further enacted by the authority aforesaid, That the said ordinance of July 1st, 1889, is hereby ratified and confirmed, and the Mayor and Aldermen of the city of Savannah are

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authorized and empowered to make a conveyance of said strip of eight (8) feet of land, in the usual mode of written conveyances, to said Andrew Hanley, upon the payment of said sum of three thousand ($3,000) dollars into the Treasury of the city of Savannah. Ordinance of July 1, 1889, ratified. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889. ESTABLISHING SYSTEM OF SEWERAGE FOR WAYCROSS. No. 305. An Act to authorize the establishment and maintenance of a system of sewerage and drainage in and around the city of Waycross, and a system of water works for said city; and to authorize the erection of such works, buildings and furnaces as may be necessary for the cremation of the garbage and sewerage of said city; to provide for the appointment, by the Ordinary of Ware county, of Sanitary and Water Works Commissioners for said city, and to prescribe their duties and powers; to authorize the construction, in the streets of said city, of such sewers, drains and waterpipes as may be deemed necessary, and the building and extension of any of the sewers or drains of said city to such point or points beyond the corporate limits of said city as the Sanitary and Water Works Commissioners may deem best, and to authorize the taking of private property for these purposes under certain restrictions; and to authorize and empower said city of Waycross to issue bonds to carry out the purposes of this Act. 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 by this Act there is hereby established and created in and for the city of Waycross, Ware county, said State, a Board of Public Works, to be known as the Sanitary and Water Works Commissioners. Said Board of Commissioners shall consist of six members, and shall be appointed by the Ordinary of Ware county as follows: Three of said members shall be residents of the east side of Tebeau Branch, running through said town, and the other three members be residents of the west side of said branch; and their terms of office shall be for six years, except for the first appointment,

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which shall be as follows: Two for two years, two for four years and two for six years; and in case of vacancy, by death, resignation or otherwise, said Ordinary shall fill said vacancy by appointment. Sanitary and water works Commission created. SEC. II. Be it further enacted by the authority aforesaid, That said Commissioners shall prepare as soon as practicable a plan for a system of drainage and sewerage and a plan for a system of waterworks for said city. They shall have power to provide a plan for the incineration of the garbage and sewerage of said city, or its removal by a system of sewerage and drainage, or both, as they may deem best. They shall have power to determine the location, structure and grade of all sewers and all water pipes, and shall make all necessary and proper rules for flushing sewers, and all rules and regulations for the proper management and operation of the sewerage system and water system of said city. They shall designate such private property within or without the corporate limits of the city of Waycross as will be necessary for the successful establishment of a system of water works, a system of sewerage, or a crematory, and such property, unless otherwise obtained, may be condemned as hereinafter provided. Said Commissioners shall have power if, in their judgment, the same would be best, either as a temporary expedient or as a permanent method, to remove or have removed the garbage and sewerage of said city by carts or wagons, or in part so removed and in part carried off through sewers. It is the purpose and intention hereof to authorize and empower said Sanitary and Water Works Commission to completely protect the public health by adopting one or more plans or systems, or any part or parts of different methods or plans of sewerage, drainage, cartage or incineration. They shall have power to make all contracts on behalf and in the name of said city necessary for the construction, extension, operation and preservation of whatever system or systems of sewerage, drainage and water works that may be established, and shall fix the rates to be charged for water, and the times and terms of paying the same. Said Commissioners shall have general charge, control and supervision of said water works and sewerage systems, and crematory, should one be established, and shall have power to employ such agents and appoint such officers as the exigencies of the public health may from time to time require. Said Commissioners shall have power and authority to call upon the police authorities of said city for necessary aid and assistance in enforcing any of the authority or powers conferred upon them by this Act, as well as enforcing its orders, rules and regulations, and it shall be the duty of the police authorities to

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render to said Commissioners such necessary aid and assistance when so called upon by the use of the police force of said city. Any person violating any of the rules or regulations of said Commissioners, which, when adopted and published, are hereby declared to have the force and effect of ordinances of said city, shall be tried by the Mayor, or in the absence of the Mayor, by the Mayor pro tem., and upon conviction thereof be subject to a fine of not exceeding one hundred dollars, in the discretion of the Mayor or Mayor pro tem. System of drainage and sewerage. Powers of the Commissioners. Enforcing its rules and regulations. Penalty for violation of ordinances SEC. III. Be it further enacted, That said Commissioners shall have a Chairman, to be elected from their number; the Clerk of the City Council shall be ex-officio Clerk of said Commissioners, and the Treasurer of said city shall be ex-officio Treasurer of said Sanitary and Water Works Commissioners; but he shall, before entering upon his duties as such, execute a good and sufficient bond, in the sum of ten thousand dollars, payable to the Mayor and Council of the city of Waycross, conditioned upon the faithful discharge of all the duties of his office. The duties of both the Clerk and Treasurer of said Commissioners shall be prescribed by said Commissioners, and all records shall be at all times kept open to the inspection of the citiizens of Waycross. Said Commissioners shall cause a full and correct record of their acts to be kept. Chairman and Clerk of Commissioners. SEC. IV. Be it further enacted, That said Commissioners shall have power to lay down and construct through the streets and lanes of said city all pipes, mains or sewers, necessary to the establishment of an efficient system or systems of sewerage and water works; and shall also have power to take, as herein prescribed, private property, either within or without the corporate limits of said city, either for crematory, the location of water works, or both. They may condemn a right-of-way, not exceeding fifty feet in width, for the purpose of laying down pipes, mains or sewers, for the purpose of conveying the garbage and sewerage of said city into any permanent stream of water. No private property shall be taken until the owner or owners thereof shall have been notified by said Commissioners in writing of the location and amount of land which it is desired to use. If said owner or owners and said Commissioners cannot or do not agree at once upon the terms and conditions upon which such lands shall be taken, either as a site for water works or crematory, or for right-of-way, the said Commissioners shall appoint one assessor, and the owner or owners of such land shall appoint another assessor, and these two shall appoint a third. If they cannot or do not agree upon a third within five days after being notified of their appointment, then the Ordinary of Ware county shall appoint

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the third assessor, and if such owner or owners should fail or refuse to appoint, the Ordinary of Ware county, after a lapse of three days from the failure or refusal of said owner or owners to do so, shall appoint for him, her or them, an assessor, who shall act with the one appointed by the Commissioners as if he had been appointed by said owner or owners. The assessors so appointed shall determine and assess the amount of money to be paid by said city for such site or right-of-way, and the decision of any two of such assessors shall be final and binding on the parties, except that in all cases there may be an appeal by either party to the Superior Court of Ware county, under the usual rules governing appeals to that court; and the decision rendered in said court shall describe the land as a site or right-of-way, and shall fix the amount of money to be paid for the same; and upon the payment of the sum so awarded by the city of Waycross, said payment shall convey an easement in said land so awarded to the Mayor and Council of the city of Waycross, which shall continue for the purpose of carrying out this Act; Provided, however, that should it become necessary, in the establishment, construction or extension of said system or systems of sewerage; or drainage, or water works, to use any part of the right-of-way of any railroad, no greater width of land shall be used than is necessary, and no part of said railroad's right-of-way shall be taken or used, the use of which, for the purpose herein set forth, would interfere with, discommode or seriously inconvenience the railroad company whose right-of-way would be desired, in its business, or in any way affect the safety of its track. Powers of Commissioners. Right-of-way. Disputed right-of-way. Assessors. Award. Appeals. Proviso. SEC. V. Be it further enacted, That the Mayor and Council of the city of Waycross, for the purpose of carrying into effect this Act, are hereby authorized to issue bonds of said city, with the usual interest coupons attached, to the amount of thirty thousand dollars. Said bonds shall be of such form and denomination, and shall bear such rate of interest, not to exceed six per centum per annum, as said Mayor and Council may determine by ordinance. Said bonds shall be payable thirty years after their date, and shall not be taxable by the city of Waycross, and shall not be sold for less than their par value. The said Mayor and Council shall provide each year by taxation a sufficient amount to pay the interest on said bonds as the same falls due; and shall, also, by taxation annually raise and set apart a sinking fund with which to pay off said bonds at their maturity. The tax hereby authorized and required to be levied shall be in addition to that levied under the charter of said city for general purposes. Said bonds, when issued, shall constitute a fund subject to the order and control of the Sanitary

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and Water Works Commissioners; but the proceeds arising from the sale of the same shall be applied exclusively to the establishment, construction, preservation and extension from time to time of such system, or systems, of water works, sewerage, drainage, or incineration as may be adopted by said Sanitary and Water Works Commissioners. The sinking fund herein provided for shall be in safe securities, and these, together with the profit, if any, arising from the water tax, shall be subject to said bonds. No bonds, however, shall be issued until the consent of two-thirds of the legal voters of said city shall have been obtained at a special election held for this purpose. Said election shall be ordered by the Mayor and Council of said city, thirty days notice of which shall be given by the Mayor. The question to be submitted to the qualified voters of said city at such election shall be Bonds or No Bonds, and the ballots cast shall have written or printed thereon the words, For Bonds, or Against Bonds; the result of said election shall be declared by the Mayor and Council of said city. If the result be For Bonds then the same shall be issued and disposed of as provided herein. Should the whole issue authorized not be at first required, the Sanitary and Water Works Commissioners may from time to time sell and dispose of, under the terms of this Act, the remainder of said bonds, for the purposes of preserving, extending, or improving said system or systems, first detaching therefrom matured coupons, which coupons shall be at once destroyed in the presence of the Mayor and Council by said Commissioners, and an entry made of such destruction in both the records of the Mayor and Council and the records of the Commissioners. Should the result of the election herein provided for be Against Bonds, then another election may be held under the terms of this Act, after the expiration of six months from date of said election. Authority to issue bonds. Sinking fund. Authority to issue bonds must be approved by two-thirds of qualified voters of the city. SEC. VI. Be it further enacted, That said Sanitary and Water Works Commissioners shall fix and prescribe the water tax to be paid by consumers, which tax shall be applied first, to the maintenance, extension or improvement of such system or systems as may be established under and by virtue of this Act, and any surplus shall be held as part of the sinking fund. Water tax. SEC. VII. Be it further enacted, That in adopting and putting in operation a system of water works, care should be taken by said Commissioners to provide an abundant supply of water for the use of said city of Waycross in the event of fire, and for public fountains, and for such other public uses as may be necessary. No tax shall be paid or charged for such public use of water. Water supply for fire purposes. SEC. VIII. Be it further enacted, That whenever any person is

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in arrears for water, rent or tax, he shall be notified by the treasurer of said Commissioners, and if the tax is not paid within three days thereafter, execution shall be issued and collected as provided by the Act of February 27, 1877, providing for the collection of taxes by municipal governments. Executions against delinquents. SEC. IX. Be it further enacted, That in establishing such water works and sewerage system, said Commissioners shall, as nearly as possible, expend an equal amount of funds, authorized by this Act, on both sides of said Tebeau Branch in this city, so that said system as aforesaid, shall benefit as nearly as practicable, the citizens of the whole city. Expenditure of funds. SEC. X. Be it further enacted, That the Sanitary and Water Works Commissioners shall receive such compensation as the Mayor and Council shall prescribe, whose duty it shall be to fix their salaries annually, as well as that of the secretary and treasurer. Salaries. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889. INCORPORATING TOWN OF PARROTT. No. 309. An Act to incorporate the town of Parrott, in Terrell county, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the town of Parrott, in Terrell county, is hereby incorporated under the name of the town of Parrott. Corporate name. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the house in the eleventh district of said county now occupied by John L. Parrott as a store, and known as Parrott's store. Corporate limits. SEC. III. Be it further enacted, That the government of said town shall be vested in a Mayor and three Councilmen, who may sue and be sued, plead and be impleaded, and perform any and all other acts necessary for the government of said town, under the name of the Mayor and Council of the town of Parrott. Corporate powers. SEC. IV. Be it further enacted, That John L. Parrott be, and he is hereby, appointed Mayor, and J. C. Whaley, E. S. Pinkston and P. T. Hucksby are hereby appointed Councilmen of said town,

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to hold office until the first regular election as hereinafter provided for, and until their successors are elected and qualified. Provisional Mayor and councilmen. SEC. V. Be it further enacted, That on the first Monday in January, 1890, and on the same day biennially thereafter, an election shall be held in said town for Mayor and Councilmen, whose term of office shall be for two years, and until their successors are elected and qualified. No one shall vote for or be eligible to said offices of Mayor and Councilmen who is not a bona fide citizen of said town, and who is not qualified to vote for members of the General Assembly of said 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 th offices to which they have been elected. Biennial elections. SEC. VI. Be it further enacted, That before entering upon the discharge of their duties the Mayor and Councilmen shall take the following oath, which may be administered by any person authorized by the law of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties of Mayor (or Councilman) of the town of Parrott to the best of my ability; so help me God. Oath of office. SEC. VII. Be it further enacted, That said Mayor and Council shall have power to levy and collect a tax of not exceeding five-tenths of one per cent. upon all the real and personal property within the corporate limits of said town. To lay out streets and lanes and to compel all persons within said corporate limits who are subject to road duty to work on the streets of said town, and they may prescribe a commutation tax in lieu of said work on the streets. Taxes. Street tax. SEC. VIII. Be it further enacted, That the Mayor and Council of said town shall have exclusive power and authority to regulate the sale of spirituous, vinous and malt liquors in said town, to grant licenses and to fix fees for the same when granted, not inconsistent with the laws of said State, and to impose a penalty on persons selling without license. Sale of spirituous liquors. SEC. IX. Be it further enacted, That said Mayor, and if from any cause he fail to act, any two of the Councilmen shall be authorized to try any person charged with the violation of the ordinances of said town and to punish persons proved guilty by a fine not exceeding fifty dollars or imprisonment not to exceed thirty days, or both. Violation of ordinances. SEC. X. Be it further enacted, That said Mayor and Council shall have power to pass such ordinances and laws as they may

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deem necessary for the proper government of said town; to prescribe such rules for the collection of taxes, fines and all other money due the corporation, and appoint all officers that in their judgment may be proper for the correct administration of justice in said town. General powers. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889. REDUCING CORPORATE LIMITS OF SHELLMAN. No. 318. An Act to amend an Act, approved September 5, 1883, to reduce the corporate limits of the town of Shellman, in the county of Randolph. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 2 of Act, approved September 5, 1883, incorporating the town of Ward, which was thereafter, to-wit: October 6th, 1885, changed to the name of Shellman, be amended so as to reduce the corporate limits from one mile to one-half mile in every direction from the depot of the South Western Railroad in said town. Corporate limits reduced. SEC. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889. INCORPORATING TOWN OF MINERAL BLUFF. No. 319. An Act to incorporate the town of Mineral Bluff, in Fannian county, Georgia, and to provide for the election of Mayor and Councilmen, and defining their powers, duties, etc. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Mineral Bluff, in the county of Fannin, be, and the same is hereby incorporated as a town under the name of the town of Mineral Bluff. Corporate name.

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SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the academy in the town of Mineral Bluff. Corporate limits. SEC. III. Be it further enacted, That J. V. Smith is hereby appointed Mayor, and T. M. Greenwood, J. W. Hall, T. J. Dickey, J. T. McNelly, and John Prewit are hereby appointed Councilmen of said town of Mineral Bluff, to hold their offices until the first election, as hereinafter provided. Provisional mayor and councilmen. SEC. IV. Be it further enacted, That on the first Saturday in January, 1890, and on the first Saturday in January of each year thereafter, an election shall be held in said town for a Mayor and three Councilmen who shall hold their office for one year, and until their successors are elected and qualified. No one shall vote or be eligible to the office of Mayor or Councilman who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State. Said elections shall be held and conducted by three freeholders in the same manner as elections for county officers in said State, and the certificates of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected; said certificates shall be recorded by the Clerk of the Council in a book to be kept for that purpose. Annual elections. Managers. SEC. V. Be it further enacted, That before entering on the discharge of their duties, the Mayor and Councilmen shall subscribe the following oath, which may be administered by any person authorized by law 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 Mineral Bluff, according to the best of my ability and understanding; so help me God. The Mayor or Mayor pro tem., and two Councilmen, shall constitute a quorum for the transaction of business, but it shall require the attendance of a full board to amend or pass any ordinance or by-law for the government of said town. Oath of office. SEC. VI. Be it further enacted, That should the office of Mayor or Councilman become vacant by death, or otherwise, the Council shall order a new election by giving ten days' notice, at which time a successor for the unexpired term shall be elected. Vacancies. SEC. VII. Be it further enacted, That said Mayor and Councilmen shall have power and authority to elect a Marshal, Clerk and other subordinate officers, as they may deem necessary for carrying into effect the powers herein conferred upon them; to fix and regulate from time to time the salaries and fees (if any) of the officers under this charter, but when exercising the functions of Justice of the

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Peace, as hereinafter provided, they may charge and collect such fees and costs as Justices of the Peace are allowed under the laws of this State. Subordinate officers. SEC. VIII. Be it further enacted, That said Mayor and each of said Councilmen shall be ex-officio a Justice of the Peace, and shall have authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, and to admit any offender to bail or commit him to jail for the violation of the laws of this State, and to admit to bail or commit to the guard-house for the violation of the ordinances of said town. Mayor or Councilmen ex-officio Justices of the Peace. SEC. IX. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well being of said town. They shall have power to make all contracts in their corporate capacity which they may deem necessary for the welfare of said town, not inconsistent with the laws of this State. Corporate powers. SEC. X. Be it further enacted, That said Mayor and Councilmen shall have power to require all male persons above sixteen years of age within said corporate limits to work on the streets of said town for a period not exceeding ten days in each year, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Street tax. SEC. XI. Be it further enacted, That the Mayor and Council shall have power to charge and collect such special tax as they may deem proper from all persons carrying on any kind of business or calling within the corporate limits of said town. Special tax. SEC. XII. Be it further enacted, That the Mayor, and in his absence the Mayor pro tem (who shall be elected by the Councilmen of said town from their own number) shall be the chief executive officer of said town; he shall see that all ordinances, by-laws, rules and orders of the Council are faithfully executed, and that the streets of said town are properly worked; he shall have control of the police of said town, and see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of payment he may imprison the offender in the guard-house of said town not exceeding thirty days. Powers of the Mayor. SEC. XIII. Be it further enacted, That in all cases where any person, who has property subject to taxation within the corporate

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limits of said town, shall fail or neglect to pay the taxes imposed according to this Act, the Clerk of the Council shall issue execution for the same, which execution shall be signed by said Clerk, and bear attest in the name of the Mayor, and be directed to the Marshal of said town, commanding him to levy on the goods, chattels, lands and tenements of the defendant, or so much thereof as shall be sufficient to satisfy the demand and costs; said execution shall find all property of the defendant from the date thereof, and the costs in such proceedings shall be the same as Tax Collectors' executions by the laws of this State, and the Marshal shall proceed to advertise and sell in such manner as the laws or ordinances of said town shall direct. Tax executions. SEC. XIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889. AMENDING CHARTER OF JEFFERSON. No. 320. An Act to amend an Act to incorporate the town of Jefferson, in the county of Jackson; to provide for the election of Mayor and Alderman for the same, and for other purposes, approved August 14, 1872, so as to confer additional power upon the Mayor and Council relative to the punishment of offenders, and to extend the corporate limits of said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section two of the above recited Act be, and the same is amended; first, by striking from the second line of said section the words, one-half, and substituting therefor the words, three-fourth of a; and second, by striking from said section the words, present court house, and substituting therefor the words, centre of the public square, so that said section when amended shall read as follows: That the corporate limits of said town shall extend three-quarters of a mile in every direction from the center of the public square in Jefferson; Provided, that this section shall not be so construed as to subject the corporation aforesaid to the liability of keeping any bridge or bridges or embankment connected therewith, across Curry's Creek, in repair without the consent of the corporation. Corporate limits extended. Proviso.

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SEC. II. Be it further enacted by the authority aforesaid, That section 12 of the before recited Act be amended by adding in the sixth line thereof, between the words county and said the words or to require labor on the streets, sidewalks or other public works of said town, and by adding in the sixth line of said section 12, immediately following the words thirty days, the following: And said compulsory labor not to exceed ninety days, and further amend said section by striking the word both in the seventh line of the section, and substituting in lieu thereof the words one or more of these punishments, so that said section when amended shall read as follows: That the said Mayor and Council shall have power to impose fines for violations of this charter, or any ordinances of the town passed in conformity therewith, or to imprison the offenders in the guard-house of the town or common jail of the county, or to require them to labor on the streets, sidewalks or other public works of said town; said fine not to exceed one hundred dollars; said imprisonment not to exceed thirty days, and said compulsory labor not to exceed ninety days. Either one or more of these punishments may be imposed at the discretion of the Court. Amends section 12. Fines and imprison ment. SEC. III. Be it further enacted by the authority aforesaid, That section 13 of the before-recited Act be amended by striking from the ninth line thereof the word thirty and substituting therefor the words not exceeding ninety, so that said section when amended shall read as follows: That the Mayor and Council shall have power to hold Court as often as they may deem it necessary to dispose of offenders, etc., and the Mayor or acting Mayor shall preside therein. The said Mayor or acting Mayor shall have cognizance of all offenses against the ordinances of the town and may punish all violations of such ordinances as above provided in section 12, or by compulsory labor on the public streets or other property belonging to the said town for a term not exceeding ninety days, or both fine and imprisonment, or fine and compulsory labor, as before stated, at the discretion of the Mayor; and the said Mayor and Council shall have full power and authority to pass all ordinances necessary and proper to carry into effect the powers herein granted. Amends section 13. Police Court. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889.

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AMENDING CHARTER OF CITY OF MACON. No. 322. An Act to amend the charter of the city of Macon, so as to proivde for the improvements of its streets, by vesting in the Mayor and Council of the city of Macon, the authority to pass ordinances, to prescribe the width of the various streets in said city; to grant encroachments upon any of its streets, and compel property owners to encroach upon the streets, so as to make the width of streets uniform, and to provide the terms upon which said encroachments can be built upon, to authorize the said Mayor and Council of the city of Macon to compel the property owners on both sides of any street in the city of Macon to pay one-third the cost of paving the streets in front of their respective property; Provided, the Mayor and Council of the city of Macon shall pay the other one-third; and to provide for the assessment, collection and expenditure of the amount so received from said property owners. 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 several Acts granting a charter to the city of Macon, under the corporate name and style of the Mayor and Council of the city of Macon, shall be so amended as to vest in the Mayor and Council of the city of Macon full authority to pass ordinances to prescribe the width of the variousstreets in said city; to grant, for a valuable consideration, eneroachments upon any of its streets, and to vest in the purchaser thereof the absolute title to such encroachment, by the and from said Mayor and Council of the city of Macon, and to compel the property owners to encroach upon the streets, so as to make the width of any street uniform; Provided, that nothing herein contained shall authorize the building or erection of any structure whatever upon any encroachment granted or sold hereunder, except by the unanimous consent of the property owners on both sides of the street, for the width of the block on which said encroachment is granted; and, provided further, that no property owner shall be compelled to pay for an encroachment which he has been forced to make; and, provided further, that the encroachments granted shall be of equal width on both sides of a street. To prescribe width of streets. Proviso. SEC. II. Be it further enacted, That the said Mayor and Council of the city of Macon are hereby authorized to compel the property

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owners on both sides of any street in the city of Macon, to pay onethird the costs of paving the streets in front of their respective property; Provided, the Mayor and Council of the city of Macon shall pay the other one-third; and, provided, that this authority shall only be exercised upon such street or such block of any street as a majority of the property owners on such street or such block shall in writing request the said Mayor and Council of the city of Macon. The manner of assessing the amount to be collected from said property owners, and for the collection of the same shall be as follows: The Commission which is now or may hereafter be authorized by law to provide for a system of paving the streets of the city of Macon, and to expend the money collected therefor, shall cause an estimate to be made of the entire cost of paving the street, or such portion thereof as they may decide to pave, lying immediately in front of the property of any property holder thereon, and shall furnish to the Mayor and Council of the city of Macon such estimate, and upon thirty days' notice to the said property owners from the said Mayor and Council, through its Marshal the said property owner shall be required to pay to the Treasurer of the city of Macon a sum equal in amount to one-third the estimated cost of such paving, and in case of the property owners failing so to do by the expiration of the thirty days, the time of notice given him, then the said Mayor and Council are hereby required forthwith to cause execution to be issued against the said property owner in the same manner as excutions are issued for unpaid taxes due the city of Macon, which shall be levied upon the property in front of which said pavement is to be laid, and which property shall be advertised and sold in the same manner as is provided by law for Marshal's sales for unpaid taxes due to the city of Macon. When the amount is collected, either by being paid in by the said property owner or by levy and sale as hereinbefore described, it shall remain with the Treasurer of the city of Macon to be expended upon the order of said Commission and of the Mayor and Council, as may be provided by the Act creating the said Commission. Property owners to pay [frac13] cost of paving streets. Proviso. Manner of assessments. Executions for cost of paving streets. SEC. III. Be it further enacted, That before this Act shall become operative it must receive a majority of the votes cast by the qualified voters of the city of Macon at an election held for that purpose, under the rules and regulations as now provided by law for the election of the Mayor and Aldermen of said city; said election to be held upon a day fixed by the Mayor and Council of the city of Macon, of which date thirty days' notice shall have been given in the daily papers of said city. Must be ratified by election before the people.

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SEC. IV. Be it further enacted, That all conflicting laws are hereby repealed. Approved September 28, 1889. AUTHORIZING CITY OF MACON TO PAVE AND PARK ITS STREETS. No. 324. An Act to amend the charter of the city of Macon and the several Acts amendatory thereof, so far as to authorize the Mayor and Council of the city of Macon to issue bonds in the amount of two hundred thousand dollars for the purpose of parking, paving and sewering the streets of said city of Macon; to provide for a Commission for adopting a permanent plan of parking, paving and sewering the streets of said city, and for the expenditure of moneys raised for that purpose. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Mayor and Council of the city of Macon are hereby authorized, for the purposes herein specified, to issue the bonds of the city of Macon to the amount of two hundred thousand dollars. Authority to issue bonds. SEC. II. Be it further enacted, That said bonds shall be of denominations not less than one hundred dollars, as the said Mayor and Council may determine; shall bear interest at the rate of four and one-half per cent. per annum, payable quarterly upon interest coupons or warrants, and shall fall due as follows: Six thousand dollars thereof shall be due one year from the date of their issue, and six thousand dollars each year thereafter for twenty-nine years, including the first year, and twenty-six thousand dollars due thirty years from the date thereof. Said bonds shall be executed by the official signatures of the Mayor and Treasurer of the city of Macon, and by having affixed the corporate seal of said city of Macon. The coupons or interest warrants shall be signed by the Treasurer of the city and each coupon or interest warrant shall indicate the bond to which it belongs. The Board of Commissioners, hereinafter described, shall keep a record of the numbers and denominations of all the bonds issued, and file a copy of the same with the Treasurer of said city. Character of bonds. When due. How signed. SEC. III. Be it further enacted, That the said bonds herein authorized

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to be issued shall be sold as hereinafter provided, and the proceeds of said sale shall be used exclusively for permanent improvements in sewering, parking and paving the streets of the city of Macon. Use of proceeds. SEC. IV. The said bonds, as they fall due, and the interest coupons or warrants upon said bonds shall be paid by the Treasurer of the Mayor and Council of the city of Macon on presentation at his office when due, out of that portion of the amount collected by the said Mayor and Council of the city of Macon from taxes, which, under the Act, approved the 20th day of December, 1886, the said Mayor and Council are authorized and required to expend upon the streets and public property of the said city; and the Treasurer of the said Mayor and Council of the city of Macon is hereby required to keep separate and distinct from all other assets of the said city, each year, a sum sufficient to pay the interest on said bonds, and such of said bonds as fall due that year; which said sum shall be taken from the amount of taxes, which, under said Act, are devoted to the improvement of the streets and the public property, and the amount so devoted and set apart shall be used by the said Treasurer for no other purpose whatever save the payment of these bonds and compons or interest warrants. Any violation of the requirements of this Act shall constitute good ground for the removal of said Treasurer from office, and render the sureties upon his bond liable to any holder of the said bond or bonds, in double the amount of the interest warrant or coupon which may be due to said bondholder. How paid. SEC. V. Be it further enacted, That the principal of said bonds, when they shall become due, and the coupons or interest warrants of the same, when they shall become due, shall be receivable by the city of Macon in payment of all dues to the city of Macon; and said bonds shall not be taxable, directly or indirectly, by the city of Macon. Bonds are receivable for all dues to city. SEC. VI. Be it further enacted, That there shall be a commission composed of five members of the Mayor and Council and four tax-payers of the city of Macon, one of whom shall reside in each of the wards of said city. The Mayor of the City of Macon shall be one of the five commissioners representing the Mayor and Council upon said commission, and shall be ex-officio chairman of the said commission. The other four representatives of the Mayor and Council upon said commission shall be chosen as follows: During the term of office of the present Mayor and Council of the city of Macon, those Aldermen who are at present or may hereafter be appointed by the Mayor as chairmen of the Committees on Streets,

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Finance, Public Property and Water Supply, respectively, shall be ex-officio members of said commission until the term of office of the present Mayor and Council shall have expired. After that time, four representatives of the Mayor and Council, in addition to the Mayor, shall be designated as follows: The Mayor shall appoint two, and two shall be elected by ballot by the Mayor and Council of the city of Macon. In case of the death, resignation, or a failure to serve for any cause, of any of the said members of the Mayor and Council, then his successor shall be appointed or elected in the same manner as was appointed or elected the member whom he succeeds. The four commissioners not members of the Mayor and Council shall be as follows: From the first ward, C. E. Damourt; from the second ward, John G. Deitz; from the third ward, W. H. Felton, Jr., from the fourth ward, C. D. Findlay. In case for any reason any of the last-named four commissioners shall fail to serve, then his successor shall be elected by the other members of the commission; but the person elected shall reside in the same ward in which resided the commissioner whom he succeeds, and shall not during his term of office be a member of the Mayor and Council of the city of Macon, or hold any office under them. The commission hereby created, with four permanent members and five ex-officio members, and their successors, shall continue in office until all the bonds authorized to be issued under this Act shall have been issued and sold and all the proceeds thereof shall have been expended in accordance with the terms of this Act. Said commission shall do no act while there exists a vacancy upon the same, but there shall be nine members of the same; but when there are in existence the said nine members, then seven of said nine, at any one meeting, shall constitute a quorum for the transaction of all business. The said commission shall have exclusive control of the expenditure of the proceeds arising from the sale of the bonds herein authorized to be issued, and also such amounts as may be assessed upon property owners, for the purpose of paying for the portion of paving in front of their respective property, as is now, or may hereafter be provided by law, to an extent equal to twice the amount of the proceeds of said bonds, which may be devoted to the pavement of the streets of the city of Macon; Provided, however, that the said amount shall not be paid out except upon an itemized statement approved by the commission and also by the Mayor and Council of the city of Macon. Bond commission created. How constituted. Commissioners from the city. Term of office. Expenditure of proceeds sale of bonds. Proviso. SEC. VII. So soon as the bonds to be issued under this Act shall have been signed by the Treasurer and Mayor of the city of Macon, and the corporate seal of said city attached thereto, they shall be delivered to the commission hereby created, and as the

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work authorized to be done under this Act progresses, so much of said bonds as may be necessary to pay for the same shall be sold by said commission, as follows: They shall advertise said bonds for sale to the highest bidder, for thirty days in the daily newspapers in the city of Macon, and in such others as to them may seem best, for bids for said bonds, and the said bonds shall be sold to the highest and best bidder or bidders; Provided, that in no event shall the said bonds or any of them be sold for less than par. All moneys arising from the sale of said bonds, and all the moneys collected from tax payers, which, under Acts of the Legislature at present existing, or which may hereafter be enacted, the Mayor and Council are authorized to collect, for the special purpose of paving the streets, shall be forthwith deposited with the Treasurer of the city of Macon; who, to protect these funds, shall, in addition to the bond at present required of him by law, give bond in the sum of fifty thousand dollars, to be of force during his term of office, conditioned to faithfully pay out all of said moneys coming into his hands under the terms of this Act, and to turn over to his successor in office, such of said funds as have not been paid out. This bond shall be signed by the Treasurer, and the security thereon shall consist of some good and selvent guarantee company, to be approved by the Mayor and Council of the city of Macon; and the fee required by said guarantee company for standing security upon said bond shall be paid by the Mayor and Council of the city of Macon. How sold. Proviso. Mayor's bond. SEC. VIII. All the moneys arising from the sale of the bonds herein authorized to be issued shall be in the manner and form above stated, expended by the Commission created under this Act exclusively for the permanent improvement of the streets of the city of Macon, under some plan provided as hereinafter set forth, for sewering, parking and paving the same. And all the moneys collected from the property owners for paving purposes, as is now or may hereafter be provided by law, shall be expended by said Commission, under the terms hereinafter set out, exclusively for the purpose of paving said streets, in addition to the amount by said Commission, appropriated thereto out of the proceeds of the sale of the bonds herein authorized to be issued. But no portion of the moneys arising from either the sale of the bonds or collected from property owners shall be expended for any labor already done, or material already used for that purpose by the Mayor and Council of the city of Macon, and no portion thereof shall be expended for any work done by the regular street force of the city of Macon, or for work done upon any street in the nature of grading the same. All of the said moneys, from whichever of these sources it is derived,

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shall be expended only for work done under the following conditions: All work to be done by contract, let by the Commission, herein created, to the lowest and best bidder therefor, after due advertisement. Expenditure of funds arising from sale of bonds. SEC. IX. Be it further enacted, That the said Commission shall, on the first day of November of each year make to the Mayor and Council of the city of Macon a report in writing of their actings and doings under this Act, as said Commissioners, including an account of their receipts and disbursements. Annual reports. SEC. X. It shall be the duty of the Commission herein created, within four months from the date of the passage of this Act, to select some permanent plan for sewering, parking, and paving the streets of the city of Macon. This plan shall be adopted by said Commission after due advertisement and investigation, on consultation with some competent engineer, or engineers, which they are hereby authorized and required to employ. It shall specify how much money is necessary for a complete system of sewerage for the entire city of Macon, and how much is necessary for parking and paving the streets of the city of Macon; and it shall further specify what amounts derived from the sale of the bonds herein authorized to be issued, shall be expended for sewering, what amount for parking, and what amount for paving the streets. In the adoption of this plan, the said Commission is not to be limited to the expendture of $200,000, but shall adopt some permanent plan for the sewering, parking and paving the streets of the city of Macon; and the said Commissioners shall devote the money derived from the sale of the bonds issued under this Act to the execution of such portions of said permanent plan as they may regard as most important and most worthy of immediate execution. Plan of sewering, parking and paving streets. SEC. XI. Be it further enacted, That this Act shall be printed in full upon the back of each bond herein authorized to be issued. Act printed on each bond. SEC. XII. Be it further enacted, That before the bonds herein provided for shall be issued, the assent of two-thirds of the qualified voters of the city of Macon shall be obtained, in the manner now provided by law, as prescribed in sections 508, (five hundred and eight) from I to M inclusive, of the Revised Code of Georgia. Assent of two-thirds of voters required. SEC. XIII. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved September 28, 1889.

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AMENDING CHARTER OF HAWKINSVILLE. No. 329. An Act to amend, change and repeal the charter of the town of Hawkinsville, in the county of Pulaski, so far as the same relates to the election and term of office of Mayor and Aldermen; to change the term of office of Mayor from one to two years; to change the term of office and manner of electing Aldermen so that at the first election three will be elected for twelve months and three for two years, and three annually thereafter; to authorize the Mayor and Aldermen to grant the right-of-way over the streets of the town to the Empire and Dublin Railroad Company. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Mayor and Council of the town of Hawkinsville, in the county of Pulaski, be, and are hereby fully authorized and empowered to grant to the Empire and Dublin Railroad Company the right-of-way over the streets of said town in such manner and in such terms as to the said Mayor and Council seem best, right and proper. Right-of-way granted to Empire and Dublin Railroad. SEC. II. Be it further enacted by the authority aforesaid, That at the next annual election of Mayor for said town on the second Wednesday in January, 1890, the Mayor of said town of Hawkinsville shall be elected for a term of two years; that thereafter the term of the office of Mayor of said town shall be for and during the term of two years instead of one year, as now provided by the charter of said town, and that the election for Mayor of said town be held every two years, on the second Wednesdey of January. Term of office of Mayor. SEC. III. Be it further enacted by the authority aforesaid, That at the next regular election of Aldermen for said town of Hawkinsville on the second Wednesday in January, 1890, three Aldermen shall be elected for the term of one year, and three for the term of two years, and that annually on the second Wednesday of January in each year thereafter there shall be three Aldermen elected for said town, who shall hold their office for the term of two years. Term of office of Aldermen. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, or militating against the same, are hereby expressly repealed and made null and void. Approved September 28, 1889.

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INCORPORATING TOWN OF RICHLAND. No. 337. An Act to incorporate the town of Richland, in the county of Stewart; to define the corporate limits of said town; to provide for the election of a Mayor and Aldermen for the government thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Richland, in the county of Stewart, be, and the same is hereby, incorporated as a town, under the name of the town of Richland. Corporate name. SEC. II. Be it further enacted, That the municipal government of said town of Richland shall consist of a Mayor and five Aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the town of Richland, and by that name and style shall have perpetual succession, and by said name shall be capable to sue and be sued in any court of law or equity in the State; plead and be impleaded, and do all other acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy and possess; to retain to them and their successors, for the sole use and benefit of said town of Richland, in perpetuity or a term of years, any estate, real or personal, within limits of said town, and to sell, exchange or lease the same in any way whatever. General powers. SEC. III. Be it further enacted, That the corporate limits of said town shall be a square extending 999 yards from the center point, where the railroad leading through said town from Columbus intersects with the railroad leading through said town to Americus, the north and south lines being parallel, as near as practical, with the Americus road, and the east and west lines being parallel, as near as practical, with the Columbus road. Corporate limits. SEC. IV. Be it further enacted, That the corporate powers of said town shall vest in said Mayor and Aldermen, who shall be elected on the second Saturday in December of each year; but if the time of said election shall have passed before the passage of this Act, then the first election under this Act shall take place within sixty days after the passage thereof. Said Mayor and Aldermen shall hold their offices for one year, or until their successors are elected and qualified. Annual elections. Term of office. SEC. V. Be it further enacted, That said Mayor and Aldermen shall, before entering upon the duties of their respective offices,

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subscribe to the following oath, which may be administered by any person in this State authorized to administer oaths: I do solemnly swear (or affirm) that I will faithfully discharge all the duties incumbent upon me as the Mayor (or Alderman) of the town of Richland according to the best of my ability; so help me God. Oath of office. SEC. VI. Be it further enacted, That the qualified voters of said town shall be all such persons who are qualified to vote for members of the General Assembly for said county, who have bona fide resided in said town for the period of thirty days previous to the election whereat they shall offer to vote. Qualified voters. SEC. VII. Be it further enacted, That said Mayor and Aldermen shall have power and authority to elect such Marshals, Clerks and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the compensation of such subordinate officers, and to require of them such bonds as they may deem necessary. Subordinate officers. SEC. VIII. Be it further enacted, That said Mayor and Aldermen shall have power to pass and make all ordinances, by-laws, rules and regulations necessary for the good government, peace, order and health of said town, and all the powers herein granted; Provided, they are not repugnant to the Constitution and laws of this State or of the United States. Corporate powers. SEC. IX. Be it further enacted, That said Mayor and Council shall have power to levy a tax not to enceed one-fourth of one per cent. upon all property, real or personal, subject to State tax within the corporate limits of said town. They shall also have power and authority to require of all persons subject to road duty, under the laws of the State, to work on the streets, alleys and sidewalks of said town; but they may receive in lieu of said work such commutation fee as said Mayor and Council may prescribe, which shall be used only in working the streets, alleys and sidewalks of said town. Taxes. Street tax. SEC. X. Be it further enacted, That said Mayor and Council shall have power to assess and collect such a business or license tax as they may deem proper upon all kinds of business, professions or occupations carried on in said corporation; also on all shows, exhibitions and performances, on all billiard, pool or other tables for playing at games, and all establishments of like character in said town for amusement and gain; Provided, they shall not have power to license the sale of any intoxicating or malt liquors in said town until such persons have fully complied with any local option law which may be in force in the county in which said town is situated. Avocation tax. Proviso. SEC. XI. Be it further enacted, That said Mayor and Council shall have power to provide for the arrest, trial, and punishment of

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offenders against any ordinance, by-law, rule, or regulation of said town, by fine, imprisonment, or work on the streets of said town; Provided, said fine shall not exceed one hundred dollars, and such imprisonment or work shall not exceed thirty days. Punishment for violation of ordinances. SEC. XII. Be it further enacted, That at the first meeting of the Mayor and Council after their election and qualification, it shall be the duty of said body to elect a Mayor pro tem., who shall perform all the duties of said Mayor, when from any cause he cannot be present to execute the duties of his office. Mayor pro tem. SEC. XIII. Be it further enacted, That in the event the office of Mayor or Alderman, or any subordinate officer of said town, shall become vacant either by death, resignation or removal, the said vacancy shall be filled by the said Mayor and Council. Vacancies. SEC. XIV. Be it further enacted, That said Mayor and Council shall have power to lay out, open and abolish streets and alleys of said town, extend and change the same, as the public interest may require, by paying the owners just compensation for the property taken for any such purposes. Authority to open or abolish streets. SEC. XV. Be it further enacted, That said Mayor and Council shall have power to provide by ordinance for the collection of all taxes, moneys and fines due to said town by execution, to be issued and signed by the Mayor of said town, or the Mayor pro tem., and the levy of the same by the Marshal of said town upon any real or personal property of the defendant, to be found in the county, and said Marshal's levies and sales shall be had under the same laws as govern Constables' sales in this State, except that all personal property levied on may be sold in said town; and in case any illegality or claim is interposed to such sale, the same shall be returned with all the papers to the Justice Court in the district in which said town is situated. If real property be levied on, then the said papers shall be returned to the next term of the Superior Court of said county; Provided, that said court is not held within ten days after the filing of said illegality or claim. If held within that time, said cause shall be returnable to the next succeeding term; Provided, further, that in all cases, where the Justice's Court shall not have jurisdiction, said papers shall, also, be returnable to said Superior Court. Collection of taxes. Executions Proviso. SEC. XVI. Be it further enacted, That all fields and woods within said corporation not laid off into town lots, shall not be taxed by said Mayor and Council, except there be a dwelling or business house on the same; then, in that event, not exceeding one acre around said dwelling shall be subject to taxation. Unimproved property not taxable. SEC. XVII. Be it further enacted, That upon the arrest of any

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person upon a charge of violating any of its ordinances, or by-laws of said town, if it shall appear from the testimony adduced upon the trial of said person, that there is probable cause for his detention to answer to the charge of having violated any of the criminal laws of this State, said officer trying said cause shall issue his warrant committing said accused to the common jail of the county, to answer to said charge before the County Court, or Superior Court of the county, if said County Court shall not have jurisdiction of the offense. In either event, if said case is one that is bailable by Justices of the Peace, bail shall be appraised by said committing officer. Authority to commit offenders in State cases. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889. AUTHORIZING CITY ASSESSORS FOR MILLEDGEVILLE. No. 338. An Act to authorize and require the Mayor and Aldermen of the city of Milledgeville to elect three freeholders as City Assessors; to prescribe and define their duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Mayor and Aldermen of the city of Milledgeville shall have full power and authority, and are hereby required, to elect at the first or second meeting of said Mayor and Aldermen in January, 1890, and every two years thereafter, three (3) upright, intelligent and discreet persons, who shall also be freeholders and residents of said city, as City Assessors, and who shall hold their offices for a term of two years each, or until their successors are duly elected and qualified, unless removed at any time by said Mayor and Aldermen for good and sufficient cause, to be judged of by said Mayor and Aldermen. Office of city assessors created. Term of office. SEC. II. Be it further enacted by the authority aforesaid, That it shall be the duty of said City Assessors to assess the true and actual value of all real estate within the corporate limits of said city of Milledgeville, and to make a return thereof to said Mayor and Aldermen. The said City Assessors shall also receive returns of personal property; and in cases of failure to return personal property for taxation, or failure to make a true return, or attempted

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fraud in returning the same, they shall assess the true value of such personal property for taxation, and shall make return thereof to said Mayor and Aldermen. The said returns shall be made and filed in the Clerk's office of said city by the first day of July in each year, and the said Mayor and Aldermen shall place such assessments so returned in the hands and custody of the Clerk and Treasurer of said city of Milledgeville, who shall enter the same in his books with other taxes, and the same shall be collected as other taxes of said city. Their duties. Tax returns. SEC. III. Be it further enacted by the authority aforesaid, That said City Assessors shall, after having filed their return as hereinbefore required, advertise in the newspaper wherein the city advertisements are published, once a week for two weeks, that all complaints will be heard within the next twenty days after the expiration of said advertisement at the city hall, and any person dissatisfied with the assessment of his property may appear, either in person or by agent or attorney, and make any showing he may deem proper touching the fairness and justice of such assessment; and after having fully heard such complaint, said Assessors shall have authority and power to amend their return as to them shall seem proper and just; and said Assessors shall immediately after the expiration of the said twenty days report in writing to said Mayor and Aldermen as to any and all changes, increases and reductions of assessments, and their returns shall be corrected accordingly. Tax payers may file complaints for unjust assessments. SEC. IV. Be it further enacted by the authority aforesaid, That said Assessors, before they enter on the discharge of their duties, shall take and subscribe an oath, before the Mayor of said city, faithfully, truly and impartially to assess all the real estate, and also the personal property, whenever necessary, within the corporate limits of said city, and to return such assessment to said Mayor and Aldermen, with the names of the owners thereof. Said Assessors shall receive for their services such sums each per annum as the Mayor and Aldermen shall order, and the compensation so fixed shall not be changed during the terms for which said Assessors are elected. Oath of office. Salaries. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889.

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NEW CHARTER FOR THOMASVILLE. No. 350. An Act to re-incorporate the town of Thomasville as the city of Thomasville; to confer additional powers on said corporation, and to codify, amend and supersede all previous Acts incorporating the town of Thomasville, and grant a new charter to said town under the name of the city of Thomasville, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act the corporation heretofore known as the Mayor and Council of the town of Thomasville be, and it is hereby re-incorporated under the name and style of the city of Thomasville, and by that name shall be, and is hereby invested with all the rights, powers and privileges incident to a municipal corporation, and all the powers, rights, titles, property, easements and hereditaments heretofore belonging, or in anywise appertaining to the said Mayor and Council of the town of Thomasville, as a corporate body, shall be, and are hereby vested in the city of Thomasville as a corporate body, and the city of Thomasville as such body corporate is hereby made responsible for all the debts, liabilities, and undertakings of the said Mayor and Council of the town of Thomasville as a body corporate. Re-incorporated as city of Thomasville. SEC. II. Be it further enacted by the authority aforesaid, That the government of said city shall be vested in a Mayor and six Aldermen. The present Mayor and Aldermen shall continue in office as such until the expiration of the term for which they were elected, and until their successors are elected and qualified, and shall have and exercise all rights, powers and duties hereby conferred on the Mayor and Aldermen of the city of Thomasville. That the Mayor and Aldermen of the city of Thomasville may, at any time when they deem it proper, lay off said city into six wards, and after said city has been laid off into wards, in every election thereafter each ward shall be entitled to one Alderman from such ward, to be elected at the time and according to the regulations prescribed by the Mayor and Aldermen, by a majority of the legal voters of said city, and such Aldermen so elected, with the Mayor to be elected as heretofore prescribed, shall constitute the said Mayor and Aldermen of the city of Thomasville. Municipal government. City wards.

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SEC. III. Be it further enacted by the authority aforesaid, That the corporate limits of the said city of Thomasville shall extend one mile in every direction from the court house in said city, and shall also extend for police purposes only so as to include all the land embraced in the new cemetery for colored people and for a distance of two hundred yards around and outside of the fence enclosing said cemetery, and also so as to include all that territory embraced within the following boundaries, to-wit: Bounded on the north by the corporate line, west by the Tallahassee road, east by the Magnolia road, and south by a straight line drawn from the northwest corner of the old Lightfoot place, on the Tallahassee road, by the southern boundary of the lands of the Connecticut Industrial School, to the Magnolia road. These extensions to be subject to the same police regulations and under the same police jurisdiction as the city proper, but not subject to city taxes, nor the residents thereof entitled to vote in any city election. Corporate limits defined. SEC. IV. Be it further enacted by the authority aforesaid, That an election shall be held in said city on the third Tuesday in January, 1890, and annually thereafter, for a Mayor and six Aldermen, to serve for one year, and until their successors are elected and qualified. Said election to be held at the court house in said city, under the supervision of a Justice of the Peace of the 637th District G. M., and two freeholders, or of three freeholders resident in said city. The polls shall be opened at 8 o'clock a. m. and closed at 5 o'clock p. m., city time. No one shall be entitled to vote in said election, or any municipal election in said city, unless he is a duly registered voter of said city. Said election to be conducted in all respects as elections for members of the General Assembly in said State, except that only two lists of voters and two tally sheet need be kept, and except as herein provided. Annual elections. Qualified voters. SEC. V. Be it further enacted by the authority aforesaid, That the Treasurer of said city shall be ex-officio Registrar of said city, and open his books of registration on the first Monday in October, 1889, and annually thereafter on the same day, and shall keep them open until six o'clock p. m. on the first Monday in December next thereafter, at his office in said city, every day, Sundays excepted, from 9 a. m. to 6 p. m., and he shall register all male persons who apply in person, and not by proxy, within the time prescribed, and who will take and subscribe the following oath which said Treasurer is hereby authorized to administer, to-wit: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States; that you have resided in this State for the past twelve months, and in the county of Thomas

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for the past six months; that you have paid all State and county taxes required of you since the adoption of the Constitution of 1877, except for this year; that you have never been convicted of a felony or larceny; that you have resided in the corporate limits of the city of Thomasville for the past six months, and have paid all taxes legally required of you, including street tax and any license tax, and have considered this city your home for that length of time; so help you God. Any person who shall take the said oath, and shall swear falsely in so doing, shall be guilty of false swearing, and shall, on conviction therefor, be punished as prescribed in section 4310 of the Code of 1882; each person so registering shall give the street, block and number or other designation of his residence in said city, which shall be recorded along with his name in the book kept by the Registrar for that purpose. That said Registrar shall publish once in each week, while the books are open, an alphabetically arranged list of the persons so registered, and after the books are closed said list shall be published at least three successive times in the paper or papers of said city doing the city printing, and said Registrar shall furnish the superintendents of election with at least three copies of said list. No candidate for any city office shall be eligible as a superintendent or manager of said election. Books of registration. Registration oath. Punishment for illegal registration. SEC. VI. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of Mayor or Alderman who is not a registered voter of said city. That the superintendents of said such election shall declare those persons receiving the highest number of votes for Mayor and Aldermen duly elected, and furnish a certificate to that effect; shall return one tally sheet and list of voters with the ballots, under seal, to the City Clerk, and the other tally sheet and list of votes to the Ordinary of Thomas county. The persons so elected must present themselves at the Council Chamber within ten days, and take an oath before the outgoing Mayor, or any officer authorized to administer an oath, faithfully to discharge the duties of Mayor or Alderman, as the case may be. Any one desiring to contest any election shall file a notice of contest with the Ordinary within three days after said election, setting forth all the grounds for contest, and upon payment of a fee of ten dollars ($10.00) in advance the Ordinary shall cause a copy of said notice to be served by the Sheriff or his deputy on the contestees, and give notice at the same time to both parties of the time and place of hearing, not later than ten days from the date of said service. The Ordinary is authorized to hear and determine the contest (with the right of certiorari to the Superior Court.) The cost to be paid by the losing party. Eligibility to office. Oath of office. Contest of election.

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SEC. VII. Be it further enacted by the authority aforesaid, That in case of vacancy in the office of Mayor, the Aldermen shall elect one of their own number as Mayor for the unexpired term, and in case of a vacancy in the Board of Aldermen, the remaining members shall elect a citizen of said city to fill such vacancy for the unexpired term. Vacancies. SEC. VIII. Be it further enacted by the authority aforesaid, That should the Mayor or any member of the Board of Aldermen be guilty of malpractice in office, or any abuse of the powers confided to him, he shall be subject to indictment in the Superior Court of Thomas county, and on conviction shall be imprisoned not exceeding sixty days, or pay a fine not exceeding one hundred dollars, which fine shall be paid over to the Treasurer of said city. Either or both of said punishments may be imposed, in the discretion of the court. The Mayor and Aldermen may, for cause, suspend, fine or remove from office, or suspend from pay and duty, any officer of said city elected or appointed by them. Malpractice in office. SEC. IX. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power at any regular meeting to elect a Clerk, a Treasurer, a Marshal, Policemen, Chain-gang Keepers and guards, a Sexton or cemetery keeper, and a Superintendent of water works and other public works, and such other officers as they may deem necessary; to regulate the time, mode and manner of electing each and all of said officers; to fix their fees and salaries; take their bonds, and prescribe their powers and duties. They shall, also, have power to provide for the appointment of a City Attorney, a health officer, and a Board of Health, and to prescribe their powers and duties. Subordinate officers. SEC. X. Be it further enacted by the authority aforesaid, That said Mayor and each of said Aldermen shall be ex-officio a Justice of the Peace, and shall have full power and authority to issue warrants for the arrest of any person charged with the commission of an offense against the laws of the State, within the limits of said city; hear testimony under oath as to the guilt or innocence of the party accused; to commit to jail, or the guard-house of said city, or to require bond with good and sufficient security, if the offense is a bailable one, for the appearance of the accused before any court authorized by law to try and determine the case. Mayor and Aldermen are ex-officio justices of the peace. SEC. XI. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full power and authority to levy and collect a tax upon all and every species of property in said city subject to State tax; upon banking and insurance capital employed in said city; upon brokers and factors; upon each and every business,

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calling, trade and profession carried on in said city; upon billiard and pool tables, bowling alleys, bank, insurance, telegraph and express agencies in said city; to tax all theatrical performances, shows and exhibitions for gain, or any kind of profit in said city; to tax all itinerant traders or peddlers; all vendors of patent medicines, drugs, books, nostrums, or devices of any kind; all solicitors or canvassers selling goods, wares or merchandise by sample, at retail or to consumers. All of said taxes (except the tax on real or personal property, which shall be ad valorem, and not exceeding one-half of one per cent. for ordinary current expenses) shall be in the nature of a license, which must be paid in advance of doing busines or carrying on the trade or occupation, or canvassing, or offering for sale any of the articles above set forth. And the said Mayor and Aldermen shall provide by ordinances for the punishment of all parties required to take out license, who do or attempt to do any business before taking out such license and complying fully with all requirements of said Mayor and Aldermen made with reference thereto. Taxes. Avocation tax. SEC. XII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full power and authority to prevent any party from encroaching upon the streets, alleys and sidewalks, or placing any obstruction in, on or over any streets, alley or sidewalk, and to remove or cause to be removed any such encroachment, whether building, porch, steps, signs, or whatever it may be, already erected, and to prevent and abate any nuisance in the public squares, parks, streets, lanes, alleys, sidewalks of said city, now dedicated or that may be dedicated to public use, or on the premises of any person in said city; to establish a market or markets, and regulate the same, and regulate at what places and within what hours fresh meats, fish, fowls and game may be sold at said market, or other places in said city, and what license shall be paid for selling such articles; Provided, all farm products, including fish, meats, fowls and game can be sold without taxed license after 8 o'clock a. m. by the producer; to license and regulate all hotels and boarding houses; to prevent the erection and maintenance in said city of butcher pens, slaughter houses, tanyards, blacksmith shops, wood-working mills, saw mills, grist mills, forges and chimneys, except by the permission of said Mayor and Aldermen, and to cause the removal of any and all such establishments whenever they become dangerous to the health and welfare of the citizens, endanger the lives or property, or both, of others, or become nuisances; to cause all lots or premises to be thoroughly drained, and to this end may open ditches or drains, or fill up

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cellars, excavations, pits, ditches or ponds, at the expense of the owner or owners thereof, when they, after reasonable notice, fail to do so; said expense to be collected as city taxes are collected; to license and regulate drays, hacks, omnibuses, wagons and vehicles making a business of hauling for hire or gain any article or material of any kind within the limits of said city; to regulate, control and license all livery, feed and sale stables, pumps, wells, fire engines, hose or engine companies; to require a license from all auctioneers, also to collect a commission on all goods sold at auction or on commission in said town; and to fix the amount of license, and to issue or withhold license as to them may seem best. Streets and street encroachments. Markets Proviso. General powers. Public vehicles. SEC. XIII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full power and authority to open, lay out, curb, pave and drain streets, alleys or lanes, or to widen, straighten or otherwise enlarge or improve streets, alleys and lanes in said city; to purchase, improve and beautify public squares or parks in said city, and to appropriate money for school purposes. And said Mayor and Aldermen shall have full power and authority to condemn private property for streets, lanes or alleys, or for laying sewer or water pipes, in same manner as railroad companies are authorized to do under the general railroad law of Georgia, as contained in the Code of 1882. Authority to open or close streets. SEC. XIV. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have the exclusive right to grant license to sell liquors (spirituous, vinous or malt) in said city, to say whether said liquors shall or shall not be sold; to fix the amount to be paid for license; to prescribe such regulations for the keeping and management of places where liquors are sold as may seem fit; to grant or refuse license to any applicant as may seem to them best; to punish by fine or imprisonment, or work on the public works of said city, any person selling without license (each sale to constitute a separate offense), or otherwise violating any ordinance, rule or regulation of said Mayor and Aldermen; and to withdraw such license at any time, for a violation of the ordinances, rules or regulations passed by said Mayor and Aldermen; to require a bond in such sum as they may deem best from each party taking license, to keep a decent and orderly house, and observe the ordinances, rules and regulations prescribed by said Mayor and Aldermen; the giving of such bond to be a condition precedent to doing business. They shall have power to license, regulate and control billiard, pool and bagatelle tables, bowling alleys, ten pin or nine pin alleys, and like games, and to refuse and revoke license upon proper case made by

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any citizen injured or annoyed by the manner in which any such table or alley is used, or house selling liquor is conducted. Liquor license. Games etc. SEC. XV. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full power and authority to prevent horses, mules, cattle, hogs sheep, goats, dogs, and fowls, from running at large in said city or any portion thereof, and to prevent and prohibit the keeping of hogs in the city limits, or regulate the manner in which they must be kept, if allowed to remain, and shall have full authority to take up and impound any such animal or fowl, and remove hogs from town, and punish all owners of such animals who refuse to obey any ordinance passed by said Mayor and Aldermen to carry this authority into effect. Authority to prevent stock, etc., running at large. SEC. XVI. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen are hereby authorized and empowered to pass all such ordinances and rules and regulations as may seem to them necessary or proper to prevent the maintenance of any house of illfame, assignation or prostitution within said city, and to punish for any violation of any such ordinances, rule or regulation by fine or imprisonment, or work on the public works, or removal and exclusion from said city. Any one or more, or all said punishments may be included in one sentence. Whore houses. SEC. XVII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full power and authority to establish and regulate a city police, and to elect a chief of police and such other officers and members of the police force as may seem to them necessary. The Marshal of said city, and any member of said police force, shall have power to arrest any person acting in a disorderly manner, or disturbing the peace and good order of said city, or committing or attempting to commit any crime in said city, or suspicious characters, and take the party so arrested before the Mayor or other officer authorized to issue warrants, or accept bail for examination or trial as soon as practicable. Police. SEC. XVIII. Be it further enacted by the authority aforesaid, That it shall be the duty of every person owning property in said city, either in his own right or as agent of another, or in any fiduciary capacity, to make annual returns thereof, under oath, to the City Clerk in such form and upon such blanks as said Mayor and Aldermen may prescribe, for taxation, and upon failure or refusal of any person to make such return, the Clerk shall make the returns for taxation of said person, and the property shall be double taxed, as now prescribed by law in case of parties failing or refusing to make returns to the Tax Receivers in this State. Said Mayor and Aldermen may relieve from such double tax if they see fit. The

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Mayor and Aldermen, shall, as soon as practicable after the books have been closed each year, carefully examine the returns, and correct all such as are in their judgment incorrect, and assess the property returned at such values as shall seem to them fair and equitable, and add to any return the full value of any property not returned; and as soon as said assessments and corrections, if any, are completed the Clerk shall turn over the books for that year to the Treasurer of the city, who shall proceed to collect the taxes as assessed by the Mayor and Aldermen. Should any owner or agent object to said assessment he shall have the right to be heard by the Mayor and Aldermen. The Treasurer shall report to the Mayor and Aldermen all taxes not collected when the books for any year have been closed, and the Mayor and Aldermen shall order the Clerk to issue executions against all persons who have failed to pay by the time fixed for issuing execution, which execution shall be a lien, second only to the lien for State and county taxes, on all property owned by the defaulting tax payers. The executions shall be turned over to the Marshal of said city, who shall proceed to collect them in the same way as executions for the State are collected, and shall levy, advertise and sell property subject to such executions under the law governing Sheriffs in levying, advertising and selling property under executions for State and county taxes. The deed of the Marshal of said city to any property, sold under any such execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting tax payer would have done; Provided, however, that any person whose property has been sold for taxes be allowed to redeem the same by paying to the purchaser at any time within twelve months from the date of the sale the full amount of his bid, with ten per cent. premium thereon. Returns for taxation. Assessments. Executions Proviso. SEC. XIX. Be it further enacted by the authority aforesaid, That the Mayor of said city shall hold a Police Court as often as may be necessary for the trial of offenders against the by-laws, ordinances, rules and regulations of said city, and may, when presiding in said court, punish any person convicted of violating any by-law, ordinance, rule or regulation of said city by sentencing said offender to pay a fine not exceeding one hundred dollars or to imprisonment in the guard house of said city or the common jail of said county for any time not exceeding sixty days, or to work on the streets or public works of said city for any time not exceeding ninety days, or may impose any one or more of these punishments for the same offense. Said court may enforce its judgments by imprisonment in the guard house or the common jail of Thomas county, or work on

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the public works. When presiding in said court the Mayor shall have power to punish for contempt of court any person disturbing said court, refusing to obey its mandates, or in any way guilty of contempt thereof by fine not to exceed twenty dollars for each act of contempt, or to commit to the guard house of said city, or to the jail of said county of Thomas, for any time not longer than three days. In the absence, sickness or disqualification of the Mayor, the Mayor pro tem., (the Mayor and Aldermen being authorized hereby to elect one of the Aldermen to serve as Mayor pro tempore at such time as they see fit,) shall have, and may exercise all the powers conferred by this charter upon the Mayor. The Marshal and Clerk shall be the officers of said court, and shall have for their attendance and services in said court such fees as may be fixed by the Mayor and Aldermen, which fees shall be collected as part of the penalty in all cases of conviction. Any person charged with the violation of the ordinances, rules or regulations of said city shall, unless the offense is of such a nature as to require the arrest and confinement of the party, be served by the Marshal or any policeman of said city with the copy of a summons, signed by the Clerk and bearing test in the name of the Mayor or Mayor pro tem., setting out in a plain, summary way the nature of the offense charged, and the time when, and the place where the party is required to appear and stand a trial. Any party under bond who shall fail to appear at the time and place named in the bond shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to the securities thereon that unless they produce their principal within one week judgment will be entered up against them for the amount of said bond, and execution issued against said principal and his securities for the amount of said judgment and costs. Nothing herein contained shall be construed to prevent the arrest without warrant or summons of any person when it is necessary to preserve the peace, good order or security of said city, or prevent the commission of a crime. Police Court. Punishment for contempt. Mayor pro tem. Marshal and Clerk's fees. Forfeiture of appearance bond. SEC. XX. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen may enact any and all by-laws, ordinances and regulations necessary to lay out a fire district in said city, and to enlarge, change or modify its limits from time to time, and to prescribe when and how and of what materials buildings in said limits may be erected or covered, how thick the walls must be and how chimneys and stove pipes and flues are to be secured, and generally to do all such things as they may deem necessary to protect said city as far as possible from dangers of fire and prevent the spread of any fire from one building to others. They shall also have authority to

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order any changes in the construction or management of chimneys, flues, stoves or pipes, or the removal thereof, when in their judgment the same are dangerous or likely to become so, and make the owner or occupant of the premises pay the expense of such changes, which expenses shall be collected as taxes are collected. Fire limits. SEC. XXI. Be it enacted by the authority aforesaid, That the Mayor and Aldermen shall have full power and authority to compel all persons resident in said city, who are subject to road duty under the laws of this State, to work the streets of said city for such time, not exceeding fifteen days in each year, or to pay such a sum of money, not to exceed ten dollars, in any one year, as commutation for such work and in lieu thereof as the said Mayor and Aldermen may ordain; and the said Mayor and Aldermen may make all ordinances necessary to carry this power into effect and to punish by fine not exceeding twenty dollars, or work on the streets twenty days, any and all persons subject to road duty who refuse to work or pay the commutation. Thirty days continuous residence in the corporate limits of said city shall be sufficient to constitute one a resident of said city so as subject him to liability to do street work. Street work. Street tax. SEC. XXII. Be it further enacted by the authority aforesaid, That whenever a majority in frontage of the owners of property in two or more adjoining blocks fronting on any street shall petition, in writing, the Mayor and Aldermen of said city to have the street paved and curbed, and the sidewalks paved, said Mayor and Aldermen may have said street and sidewalk, either or both, paved and curbed, and assess two-thirds of the cost of such curbing and paving upon the property abutting on said street according to frontage on said street, as taxes, and shall, if necessary, issue an execution against each piece of property for the amount so assessed against it, such execution to be a lien of the highest dignity against said property until the same is paid, and the property so subject be levied on and sold by the Marshal, after advertising the same in the paper doing the city printing, once a week for four weeks, before regular Sheriff's sale day, and the Marshal's deed shall operate to convey title to the purchaser as absolutely as the deed of the holder or owner of said lot would. Authority to pave streets and side walks. How paid for. SEC. XXIII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen may appoint a Board of Health, consisting of not less than five members, one of whom shall be elected President by the members of said board, and shall be a reputable physician in regular practice in said city. Said Board of Health shall be charged with the duty of looking after the sanitation of the city, and shall prescribe rules and regulations for keeping

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the city in as good sanitary condition as possible. The rules and regulations adopted by said board shall be submitted to said Mayor and Aldermen, and, when approved by them, shall be binding on all citizens, and shall be enforced in the same manner as the ordinances; and any violation thereof shall subject the offender to arraignment before the Mayor, and punishment, on conviction, by fine, imprisonment or work on the streets, as in case of other violations of the city ordinances. The Mayor and Aldermen shall decide when it is necessary to establish quarantine against any place or district in order to guard against the introduction of any contagious or infectious disease, and against what points or what territory quarantine shall be established, and how the quarantine shall be enforced; and the quarantine regulations, when enacted by the Mayor and Aldermen, shall be binding, and may be enforced, by the authority of said Mayor and Aldermen, against all parties coming into or passing through said city; and any person or persons seeking to enter said city who cannot show a proper health certificate, and other proofs required by said regulations, may be compelled to comply with all quarantine regulations, and be punished for any violation thereof by fine not exceeding one hundred dollars, imprisonment under guard at the quarantine station for any time not exceeding sixty days, or both. An inspector appointed for that purpose by the Mayor and Aldermen shall visit the premises of every citizen of said town for the purpose of ascertaining whether said premises are in good sanitary condition or not; and when the owner or occupant of any house or lot refuses or neglects to keep the same in good condition, the Mayor and Aldermen may have the same done at the expense of said owner or occupant, or both; said expense to be collected as taxes are collected. Board of Health. Quarantine. Sanitation. SEC. XXIV. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full power and authority to make, ordain and enforce all such by-laws, rules and regulations as may appear to them necessary and proper for the security, welfare and interest of said city, or for preserving the health, peace, order, morals or good government of the same; and shall have, in addition thereto, all the powers and authority set forth in section 779 and 782 to 796, inclusive, of the Code of 1882, not inconsistent or in conflict with the provisions of this charter. General powers. SEC. XXV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889.

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INCORPORATING TOWN OF ADEL. No. 351. An Act to incorporate the town of Adel, in the county of Berrien; to define the limits and powers of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Adel, in the county of Berrien, be, and the same is hereby incorporated as a town under the name of the town of Adel. Corporate name. SEC. II. Be it further enacted by the power aforesaid, That the corporate limits of said town should extend one-half mile north, south and west and east to Bear Creek from the junction of Fourth street and the Georgia Southern and Florida Railroad, so that said town may be square from these given points. Corporate limits. SEC. III. Be it further enacted by authority aforesaid, That on the third Wednesday in October, 1889, and annually thereafter on the same day, an election shall be held in the council chamber, in said town, for a Mayor and five Councilmen, who shall hold their office for one year and until their successors are elected and qualified, but no one shall vote for or be eligible to the office of Mayor or Councilmen of said town who does not reside within the corporate limits of the same, 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 of this State, and certificates of the Mayor shall be sufficient authority to the persons elected to enter on the discharge of their duties of the office to which they have been elected. Said certificates shall be recorded by the Clerk of said Council on the minutes. Annual elections. Qualified voters. SEC. IV. Be it further enacted by authority aforesaid, That before entering on the discharge of their duties the Mayor and elect Councilmen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolving on me as Mayor (or Councilman, as the case may be,) of the town of Adel, according to the best of my ability; so help me God. Oath of office. SEC. V. Be it further enacted by the authority aforesaid, That said Mayor and Councilmen shall have power and authority to elect such Marshals, Clerks, and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to prescribe the fees and duties of all such officers, and

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require such bonds for the faithful performance of their duties as they may deem necessary and proper. Subordinate officers. SEC. VI. Be it further enacted by the authority aforesaid, That the Mayor shall be ex-officio a Justice of the Peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses; to examine them under oath; to admit any offender to bail or commit him to jail for violation of the laws of the State, and admit to bail or commit to the guard-house for violations of the ordinances of said town. Mayor is ex-officio Justice of the Peace. SEC. VII. Be it further enacted by authority aforesaid, That said Mayor and Councilmen shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; Provided, they be not repugnant to the Constitution and laws of this State or of the United States. Corporate powers. SEC. VIII. Be it further enacted by authority aforesaid, That said Mayor and Councilmen shall have power to levy and collect a tax of not exceeding one-half of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits who are subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on streets. Said Mayor and Councilmen shall have power to lay off, alter and establish streets, to remove obstructions therefrom and to abate nuisances. Taxes. Street tax. SEC. IX. Be it further enacted by authority aforesaid, That the Mayor of said town, and in his absence the Mayor pro tem., who shall be elected by the Councilmen from their own numbers, shall be the chief executive officer of said town; he shall see that all ordinances, by-laws, rules and orders of the Council are faithfully executed; he shall have control of the police of said town and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town is preserved, that persons and property are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guard-house of said town not to exceed twenty days, or to work on the streets of said town not to exceed twenty days. The collection of taxes within said town may be enforced by execution, signed by the Clerk and

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attested by the Mayor, and may be levied by the Marshal of said town, who shall advertise and sell the property, if personal property, under the same rules that govern constables' sales, and if real estate, under the same rules that now govern sheriff sales. Powers of the Mayor. Executions SEC. X. Be it further enacted by authority aforesaid, That if at any time the office of Mayor or Councilmen shall become vacant by death, resignation, or otherwise, the members of the Council shall order an election to fill such vacancy, to be held within thirty days thereafter. Vacancies. SEC. XI. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict be, and the same are hereby repealed. Approved October 3, 1889. AMENDING CHARTER OF COLQUITT. No. 377. An Act to amend an Act entitled an Act to incorporate the town of Colquitt, in the county of Miller, and to provide for the election of Mayor and four Aldermen, and for other purposes, approved July 26, 1889. 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 four (4) of the above recited Act be, and the same is hereby amended by striking out all of said section to the words, but no, and inserting in lieu thereof the following: That on the 22nd day of October, 1889, an election shall be had for a Mayor and four Aldermen, who shall hold their office until a Mayor and Aldermen are elected at an election to be had on the first Tuesday in January, 1890, which shall be the day for the annual election for Mayor and Aldermen of said town, so that said section when amended will read as follows: Amends section 4 of charter. SEC. II. Be it further enacted by the authority aforesaid, That on the 22nd day of October, 1889, an election shall be had for a Mayor and four (4) Aldermen, who shall hold their office until a Mayor and Aldermen are elected, at an election to be held on the first Tuesday in January, 1890, which shall be the day for the annual election for Mayor Aldermen for said town; but no one shall vote for or be eligible to the office of Mayor or Aldermen

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who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of this State; said election shall be held and conducted in the same manner as elections for county officers in this State, and a certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of their duties as such Mayor and Aldermen. Annual elections. Qualified voters. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. AUTHORIZING BOARD OF COMMISSIONERS OF LOUISVILLE TO PURCHASE TRACT OF LAND. No. 392. An Act to authorize the Chairman and Board of Commissioners of the town of Louisville to purchase from the Board of Trustees of the Louisville Academy a tract of forest land for sanitary purposes, and to prohibit the sale of said land by the Town Commissioners, and the cutting of the forest from the same. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the Chairman and Board of Commissioners of the town of Louisville be, and they are hereby, authorized to purchase from the Trustees of the Louisville Academy, for sanitary purposes, and for a price not to exceed four thousand dollars, all that part of the timbered lands of said academy bounded on the east by the town of Louisville, north by the lands of the estate of Mrs. M. A. M. Bostick, south by lands of F. A. Sinquefield and I. R. Powell, and west by the waters of the Ogeechee River and Rocky Comfort Creek. Authority to purchase tract of land. SEC. II. Be it further enacted by the authority aforesaid, That the Chairman and Board of Commissioners of the town of Louisville shall not have power to sell said land, or any part thereof, but they shall forever keep the same, and protect and preserve the forest thereon for the preservation and benefit of the health of the inhabitants of said town. Cannot be sold.

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SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. AUTHORIZING CITY OF ATHENS TO PAVE SIDEWALKS. No. 396. An Act to authorize the Mayor and Council of the city of Athens to construct, pave and otherwise improve sidewalks in said city, and to assess and collect the cost thereof out of the real estate abutting on the sidewalk so constructed, paved or otherwise improved; to provide for the collection of such assessments and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Council of the city of Athens shall have full power and authority, in their discretion, to construct sidewalks in said city and to pave the same; to pave sidewalks already constructed; to put down curbing, and to otherwise improve the sidewalks now constructed or hereafter constructed in said city. Authority to pave sidewalks. SEC. II. Be it further enacted, That in order to carry into effect the power above delegated, said Mayor and Council shall have full power and authority to assess the cost of constructing, paving and otherwise improving sidewalks, including all necessary curbing, on the real estate abutting on the sidewalk constructed, paved or otherwise improved. Assess ments to pay cost. SEC. III. Be it further enacted, That no assessment shall be made under the foregoing section for constructing, paving or otherwise improving sidewalks outside of the limits of what are now known as the fire limits, except as an extension of similar work already done or hereafter done within said fire limits. The extension contemplated by this section may be either on the same street on which such work has been done or on streets running into the same. Whenever any work has been done under this Act, or has heretofore been done within the said fire limits, the same may be extended from time to time to such parts of the city as said Mayor and Council deem proper; that all such extension or extensions shall make a continuation of similar work either upon the same street or upon other streets running into the same. Whenever a sidewalk is constructed, paved or otherwise improved under this

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Act, it shall be wholly in the discretion of said Mayor and Council whether to pave or otherwise improve the sidewalk on both sides of the street. These streets and parts of streets upon which sidewalks shall be constructed, paved and otherwise improved under this Act shall be determined by the Mayor and Council, and the amount of work necessary within the fire limits before an extension outside is allowed, shall be entirely within the discretion of said Mayor and Council. The material to be used, the character of the improvement and all similar questions shall be within the discretion of the said Mayor and Council, and nothing in this Act shall be construed to require all sidewalks to be made of the same material or improved in the same manner. No assessments shall be made outside of fire limits. Extent of work discretionary with Mayor and Council. SEC. IV. Be it further enacted, That the said Mayor and Council shall have full power and authority to assess the cost of keeping in repair, and in a condition suitable for travel, any of the sidewalks in said city, now laid out and hereafter laid out, on the real estate abutting on such sidewalks. Repair of sidewalks. SEC. V. Be it further enacted, That the amount of each assessment for constructing, paving or otherwise improving sidewalks under the foregoing section of this Act shall be a lien on the real estate abutting on the sidewalk constructed, paved or otherwise improved, from the date of the passage of the ordinance providing for the work and making the assessment. The amount of each assessment for the repair of and work on sidewalks, under section four (4) of this Act, shall be a lien on the real estate assessed from the time the repairs are made or work is done; and said Mayor and Council may make assessments under said section by a general ordinance requiring all property owners to keep their sidewalks in repair, and in a condition suitable for travel, authorizing the necessary work to be done by the officers of the city specified in such general ordinance. Liens for assessments. SEC. VI. Be it further enacted, That the said Mayor and Council shall have authority to enforce the collection of the amount of any assessment under this Act by execution, to be issued by the Clerk of Council of said city, against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment, except in case of assessments under section four (4) of this Act, when the execution shall be issued against the real estate assessed, and the owner thereof at the time the repairing or work was done, which executions may be levied by the Chief of Police, or any policemen of said city, on such real estate; and after advertising and other proceedings, as in cases of sale for taxes due the said city, the same may be sold at public outcry, to the highest bidder; and

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such sales shall be conducted in the same manner as sales for taxes by municipal corporations in this State, and shall be subject to the right of redemption and purchase by the municipality, in the same manner set forth in an Act entitled an Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877; Provided, that the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance; and all such affidavits so received shall be returned to the Superior Court of Clarke county, and shall be there tried, and the issue determined, as in cases of illegality, and subject to all the pains and penalties provided in cases of illegality for delay. The deeds made to the purchasers by the proper officers, under the provisions of this Act, shall be just as valid to the purchasers as if made under the ordinary processes of law issuing from the Superior Court. Authority to enforce the collection of assessments. 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 October 16, 1889. REGULATING STORAGE OF GUANO IN COVINGTON. No. 413. An Act to amend a local Act, No. 276, regulating the storage of guano, or other commercial fertilizers, in the city of Covington, Newton county, passed by the General Assembly of the State of Georgia, and approved February 26, 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 authority of the same, That local bill No. 276, regulating the storage of guano, or other commercial fertilizers, in the city of Covington, passed February 26th, 1877, is hereby amended, by striking from section 1st, sixth line, after the word houses, the words, near the depot built, and insert the words, built or to be built. Also, strike from same section, seventh line, after the word, provided, the remainder of the section, and insert the following: That such houses built, or to be built, for the storage of guano, or other commercial fertilizers, shall

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be located on or within one hundred feet of the Georgia Railroad right-of-way. Also, to strike from section 2, line four, after the words, shall be, the remainder of the section, and insert the following: Punished as prescribed in section 4310 of the Code of 1882, so that said Act, when amended, shall read as follows: Section 1. Be it enacted by the Senate and House of Representatives, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall not be lawful for any person to store guano, or other commercial fertilizers, within the corporate limits of the city of Covington, in the county of Newton, except at the depot, and the houses built or to be built for that purpose; Provided, that such houses for the storage of guano, or other commercial fertilizers, shall be located on or within one hundred feet of the Georgia Railroad right-of-way. Original act amended. Regulates storage of guano. SEC. II. Be it further enacted by the authority aforesaid, That any person storing guano, or commercial fertilizers, in violation of the above section, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty for violating this act. SEC. III. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. INCORPORATING TOWN OF COLEMAN. No. 431. An Act to incorporate the town of Coleman, in the county of Randolph; to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Coleman Station, in the county of Randolph be, and the same is hereby incorporated as a town, under the name of the town of Coleman. 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 Coleman they may sue and be sued, contract and be contracted with, and exercise all other corporate powers that may be necessary in performing their duties. Corporate name. Corporate powers. SEC. II. Be it further enacted, That the corporate limits of said

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town shall extend one-half mile in every direction from the depot of the South Western Railroad in said town. Corporate limits. SEC. III. Be it further enacted, That W. T. Rogers be, and he is hereby appointed Mayor, and D. W. Hammock, J. W. Nichols, S. J. Saunders, T. H. Jones and W. H. Moore be, and they are hereby appointed Councilmen of said town of Coleman, to hold their offices until the first annual election as hereinafter provided. Provisional Mayor and Aldermen. SEC. IV. Be it further enacted, That on the first Wednesday in January, 1890, and every year thereafter on the same day, an election shall be held in the council chamber in said town for a Mayor and five Councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of Mayor or Councilman of said town who does not reside at the time, and for three months prior to an election, within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly of the State of Georgia. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. All contests concerning said elections shall be heard and determined by the Ordinary of said county, but no such contest shall be allowed or heard unless begun within five days after said election. In the event that the office of Mayor or any Councilman shall become vacant by death, resignation, removal, or otherwise, the Mayor, but in case his seat is vacant, a majority of the Councilmen, shall order a new election, notice of which shall be given at least ten days before said election is held, and same to be conducted as herein set out. Annual elections. How held Vacancies. SEC. V. Be it further enacted, That before entering on the discharge of their duties, the Mayor and Councilmen shall take and subscribe to the following oath, which may be administered by any person authorized by law 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 Coleman, Randolph county, according to the best of my ability; so help me God. Oath of office. 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, not inconsistent with the laws of this State. They shall have power to purchase, hold and convey property in so far as may be necessary for the management of said town; to abate nuisances; to take such

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steps for the preservation of the health of the citizens of said town as they deem necessary; to establish and open such streets in said town as the public interest may require, and to devise such means for the protection of its citizens from loss by fire as they may deem necessary. General powers. SEC. VII. Be it further enacted, That the said Mayor and Council shall have power to levy and collect an ad valorem tax, if not exceeding three-quarters ([frac34]) of one per cent., upon all property, both real and personal, within the corporate limits of said town, except as hereinafter set out; also such business or occupation tax as they may determine; the collection of said taxes may be enforced by execution and levy and sale of property, as in case of sales of property liable for State and county taxes; all levies of executions to be by the Marshal, or his deputy, and to be conducted as sales by the Sheriff of this State in cases of tax executions, except when personal property is levied on; advertisement and sales shall be before the council chamber in said town. They shall also have power to require all persons within said corporate limits, after ten days' residence therein, and who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets, and shall have power to imprison any defaulter who fails or refuses to work said streets when required so to do, in the guard house of said town, such imprisonment not to exceed three days for every day he fails to work as required. Taxes. Street work or commutation tax. SEC. VIII. Be it further enacted, That all persons, firm or corporation owning property in said town, except as hereinafter set out, on the first day of April of each year, shall be required to make return thereof for taxes, under oath, to the Tax Receiver of said town, and on failure so to do, shall be deemed a defaulter and be double taxed by the Tax Receiver of said town. On failure of any person, firm or corporation, as aforesaid, to pay taxes assessed, execution shall issue therefor as may be provided by the Mayor and Council. Tax returns. SEC. IX. 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 said Council are faithfully executed; he shall hold police courts, try offenders for violations of ordinances and rules prescribed for the government of said town, and may punish violations of the same by such fine or imprisonment, or both, or work on the streets of said town, as may be prescribed by said Mayor

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and Council; and when sitting as a court may fine for contempt, or imprison for such, not exceeding five days, any person misbehaving in presence of said court, or failing to obey its lawful summons; he shall have power to issue executions, attested by the Clerk, for all fines, penalties and writs issued by him, or he may require the immediate payment thereof, or, in default of such payment, he may imprison the offender in the guard-house of said town not exceeding thirty days; he shall have control of the police of said town, and may appoint special police whenever he may deem it necessary; and it shall be his duty to see that the peace and good order of the town are preserved and that the citizens and property thereof are protected; and to this end he may cause the arrest and detention of all violators and disorderly persons in said town. Powers of the Mayor. Police. SEC. X. Be it further enacted, That said Mayor and Councilmen, at the first meeting after their qualifications (or at the next meeting, if they deem best), shall elect a Clerk, who may be one of their own number or any citizen of said town. Said Clerk shall also be the Tax Receiver of said town, and shall issue all executions for taxes and collection of fines and other indebtedness, except when otherwise provided, and shall sign all summons or other process pertaining to the Mayor's Court. Said Mayor and Council shall also elect a Treasurer, who shall be also the Tax Collector, from their own number, or from any citizens of said town; they shall also elect a Marshal, and prescribe the duties of the several officers so elected. From all of said officers a bond shall be taken, such sums as the Council may require, to be approved by the Mayor, conditioned for the faithful discharge of their duties. They shall also take and subscribe an oath 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 and Tax Receiver. Treasurer and Tax Collector. Oath of office. SEC. XI. Be it further enacted, That the Mayor, Clerk, Treasurer and Marshal shall respectively receive such compensation for their services as the members of the Council may prescribe by proper ordinances. The members of the Council shall not receive any salary, but shall be exempt from street tax during the continuance of their official term. Salaries. SEC. XII. Be it further enacted, That said Mayor and Council shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortune and other like enterprises, as they may deem most to the interest of said town. Special tax. SEC. XIII. Be it further enacted, That the manufacture or sale

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of spirituous, malt, or intoxicating liquors of any kind and in any quantity shall be, and is hereby prohibited and forbidden within the corporate limits of said town. Any person violating this clause shall be subject to indictment by the Grand Jury of the county, and be punished as the law provides. Prohibits sale of spirituous liquors. SEC. XIV. Be it further enacted, That land used and cultivated exclusively for farming purposes, which may be situated within the corporate limits of said town, shall not be subject to taxation by the Mayor and Council. Farm lands exempt from taxation. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 23, 1889. INCORPORATING TOWN OF JENKINSBURG. No. 440. An Act to incorporate the town of Jenkinsburg, in the county of Butts, in the State of 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 the town of Jenkinsburg, in the county of Butts, and State of Georgia, be, and the same is hereby incorporated, under the name of the town of Jenkinsburg. The corporate powers of said town shall be vested in a Mayor and five Councilmen, who shall, by the name of the Mayor and City Council of the town of Jenkinsburg, have power to sue and be sued, plead and be impleaded, and exercise all the powers, and make and execute all contracts that may be necessary to carry out the purposes of this Act, for the government of said town; and the corporate limits of said town shall extend one-half mile in every direction from the railroad platform, in the station of Jenkinsburg. Corporate name. Corporate powers. Limits. SEC. II. Be it further enacted, That within thirty days after the passage of this Act; Provided, said thirtieth day does not fall on Sunday; and in the event said thirtieth day is on Sunday, then, on the Saturday preceding, there shall be held an election at said station of Jenkinsburg, at some place therein to be selected by the managers thereof, for the election of a Mayor and five Councilmen, who shall hold their office until the first day of January, 1891, or until their successors are elected and qualified. Said election, and all

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elections held under this charter for election of said officers, shall be held under the same rules as elections for members of the General Assembly; and at such elections, all persons qualified to vote for members of the General Assembly, and who have paid all taxes due said town, and that are required to be paid by the Constitution of the State, shall be entitled to vote. At said first election, all persons who are qualified under the provisions of this section above set forth, and who are residents in said limit of one-half mile, shall be entitled to vote; and at the succeeding elections, all persons who have resided in said town thirty days, and are otherwise qualified, shall be entitled to vote. On the first Saturday in December, 1890, and on the same day of each succeeding year, there shall be held an election for Mayor and City Councilmen, who shall hold their offices for the term of one year, or until their successors are elected and qualified. Election ordered. How held. Qualified voters. Annual elections. SEC. III. Be it further enacted, That before entering on the duties of their office, the said Mayor and Councilmen shall, before some officer authorized to administer the same, take the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor (or Councilmen, as the case may be) of the town of Jenkinsburg, Butts county, according to the best of my ability; so help me, God. Oath of office. SEC. IV. Be it further enacted, That said Mayor and Councilmen shall have the power and authority to pass all laws and ordinances that they may deem necessary for the government of said town, the safety of its citizens, and the protection of property from damage by fire, or otherwise; Provided, the same are not contrary to the Constitution and laws of this State and the United States. Laws and ordinances Proviso. SEC. V. Be it further enacted, That said Mayor and Council shall have the power to levy a tax, not exceeding one-half of one per cent., on all the property, real and personal, in said town; and the same may be enforced by execution issued by the Clerk of said town, and levy and sale of property as in cases of levy and sale of property under executions for State and county taxes; all levies and sales to be made by the Marshal or his deputies, and conducted as sales by Sheriff in case of levy and sale of property under tax fi. fas. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town; or they may prescribe a commutation tax, which may be paid in lieu of work on the streets. Taxes. Street work. SEC. VI. Be it further enacted, That the Mayor (and in his absence the Mayor pro tem., who shall be elected by the Councilmen

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from their own number), shall be the chief executive officer of said town. He shall see that the ordinances, 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 to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, and he may require immediate payment thereof, and in default of immediate payment he may punish the offender by imprisonment in the guard-house of said town or by work on the public streets of said town not exceeding thirty days. Powers of the Mayor. Fines and penalties. SEC. VII. Be it further enacted, That the Mayor and Council shall at their first meeting (or at their next meeting after the first, if they deem just and proper) elect from their number a Secretary and Treasurer, who shall give such bond with good security, as the Board may determine, and also a Marshal and a deputy if necessary, who shall also, if required by the Mayor and Council, give like bond and security. The bonds herein provided shall be for the faithful performance of their duties, and said officers shall take an oath before the Mayor of said town to faithfully perform all the duties devolving on them as such officers. Subordinate officers. SEC. VIII. Be it further enacted, That said Mayor, Secretary and Treasurer, and Marshal and deputy shall have such salaries as the Mayor and Council may deem best. Salaries. SEC. IX. Be it further enacted, That the said Mayor and Council shall have power to tax all shows, auctioneers, pool and billiard tables, and all like enterprises, as they deem proper; to control, regulate and prohibit the sale of liquor or beer of every character. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889.

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AUTHORIZING CITY OF SAVANNAH TO ESTABLISH HARBOR LINES. No. 443. An Act to authorize and empower the Mayor and Aldermen of the city of Savannah to establish and control, by ordinance of its Council, harbor lines in the Savannah River from the crosstides, above the city, to the sea; to prevent piers, bulkheads or other structures being built on either side of said river beyond such lines as may be established by ordinance of its Council, and to pass and enforce such ordinances as may seem to the said Council proper to prevent the shoaling of said river between the said cross-tides and the sea. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Aldermen of the city of Savanah are hereby authorized and empowered to establish and control, by ordinance of its Council, harbor lines in the Savannah River from the cross-tides, above the city of Savannah, to the sea, and within the jurisdiction of the State of Georgia; to prevent piers, bulkheads or other structures being built on either side of said river, beyond such lines as may be established by ordinance of its Council, and to pass and enforce such ordinances as may seem to the said Council proper for the purpose of preventing the shoaling of the said river between the said cross-tides, above the city, and the sea, within the jurisdiction of the State of Georgia. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 24, 1889. REPEALING CHARTER OF SOUTH ROME. No. 444. An Act to repeal the charter of the town of South Rome, and to extend the corporate limits of the city of Rome so as to include all the territory now embraced within the limits of the town of South Rome. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the city of Rome be extended

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so as to include all the territory now embraced within the corporate limits of South Rome, upon the terms and in the manner hereinafter prescribed and set forth. Corporate limits of Rome extended. SEC. II. Be it further enacted, That within forty days from the approval of this Act by the Governor the Mayors respectively of the city of Rome and the town of South Rome shall cause an election to be held in their respective municipalities and under the same rules and regulations as are usual for holding their municipal elections, to determine the question of annexing the town of South Rome to the city of Rome; when those voting respectively in the city of Rome and in the town of South Rome in favor of annexation shall have written or printed on their ballots For Annexation, and those voting against annexation shall have written or printed on their ballots Against Annexation. Election for annexation of South Rome to Rome authorized SEC. III. Be it further enacted, That in case a majority of the votes cast respectively in the city of Rome, and in the town of South Rome, shall be for annexation, then the Mayor and Council of the city of Rome shall, within two years from the first day of May, 1890, lay and complete, in the territory so annexed, the following water mains, to-wit: Connecting with the water main at the foot of Broad street, in the city of Rome, a six inch main extending across the Etowah River, and along Main street to Butler street, thence along Main street a four inch main to the top of McAffrey's hill; this much shall be done in the fiscal year 1890; and a four inch main from Main street, along Butler street to Pennington avenue; thence along Pennington avenue to the foot of Cemetery street; thence the nearest and most practicable route, connecting with the main on Main street. This work to be begun on the first day of May, 1890, and the work prosecuted as rapidly as practicable, so as to be complete within two years from the first day of May, 1890, as above set out and specified. Provides for new water works. SEC. IV. Be it further enacted, That there shall be planted in said newly acquired territory by the first day of June, 1890, as many as twenty-two gas lights, or their equivalent in electric lights. Lights. SEC. V. Be it further enacted, That citizens of said newly acquired territory shall be entitled to all the rights and privileges of the public schools of the city of Rome, in common with other citizens of Rome, from and after the first day of January, 1890. Public schools. SEC. VI. Be it further enacted, That said newly acquired territory shall be known and distinguished in the city of Rome as the Fifth Ward, and that said ward shall always be entitled to and be represented by two Aldermen, being two of her own citizens, who shall have received the highest number of votes cast for candidates

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residing in said ward; said Aldermen to be elected at the next election to be held for Mayor and Aldermen in the city of Rome; the one receiving the highest number of votes to serve for two years, and the one receiving the next highest number of votes to serve for one year, in conformity with the charter and laws of the city of Rome. Said Fifth Ward shall also be entitled to and have such police regulation and protection common to other wards of the city of Rome. Annex shall be designated as Fifth Ward. Police regulations. SEC. VII. Be it further enacted, That from and after the first day of April, 1890, there shall be set apart and expended annually the sum of one thousand dollars upon the streets in each of the wards of the city, any surplus street funds above five thousand dollars to be expended where most urgently demanded for public good. Street improvements. SEC. VIII. Be it further enacted, That the Mayor and Council of the city of Rome shall never have any power or authority to grant license to any person or persons to sell at wholesale or retail any spirituous, or malt, or intoxicating liquors within the newly acquired territory known as the Fifth Ward. Prohibits sale of liquors. SEC. IX. Be it further enacted, That there shall be no further extension of Myrtle Hill, or any other cemetery in said town, except that so much of the Mills property as was not overflowed by the freshet of 1886, and as may be suitable for burial purposes, may be embraced in said Myrtle Hill Cemetery; and the balance of said Mills property, lying south of Branham avenue, may be, also, enclosed with said cemetery, but the same shall be used exclusively for a public park; nor shall there ever be any new cemetery located in the present limits of South Rome. Extension of Myrtle Hill. Public park. SEC. X. Be it further enacted, That all lands embraced in the newly acquired territory, known as the Fifth Ward, and used only for farming purposes, shall not be subject to city tax, so long as said lands are used for such purposes. Farming lands exempt from taxation. SEC. XI. Be it further enacted, That if a majority of all the votes cast in the elections, as hereinbefore provided for, shall be For Annexation, then, and in that event, the charter of the town of South Rome is hereby repealed, to take effect from and after the 1st day of April, 1890, surrendering to the city of Rome all real estate now owned, or personal property then on hand, belonging to the said town of South Rome, and free from all encumbrance, and upon the day aforesaid, the said city of Rome shall assume jurisdiction over the newly acquired territory, and the inhabitants thereof, under the charter and by-laws of the city of Rome, and the amendments thereto. If majority of votes are cast for annexation charter of South Rome is repealed.

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SEC. XII. Be it further enacted, That all laws militating against this Act be, and the same are hereby repealed. Approved October 24, 1889. EXTENDING THE CORPORATE LIMITS OF FAIRBURN. No. 447. An Act to extend the corporate limits of the town of Fairburn, in the county of Campbell, 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 corporate limits of the town of Fairburn shall be extended for police purposes, so as to include the territory within the following limits: Commencing on the western side of the present city limits, on a line with the front fence of the cemetery lot, and running southwest to the lower side of the cemetery; thence northwest 300 yards; thence back to the present city limits in a straight line, so that the front fence of the Fairburn Cemetery shall be the south line of said extension, and the fence on the west side of said cemetery shall be the west line of said extension, and running a distance of 300 yards; and the north line of said extension shall be a straight line from the last mentioned corner to the present city limits; and the east line of said extension shall be the present west line of said city of Fairburn. The property embraced in this extension shall not be subject to city taxes. Corporate limits extended. Exempt from taxation. SEC. II. Be it further enacted, That the corporate limits of the town of Fairburn shall be extended for police purposes so as to include the territory within the following limits: Commencing on the southern side of the present city limits at a point where the present city limits crosses Campbellton street and extending out on each side of said street one hundred yards so as to take in the Railroad Park, so that the northern line of said extension shall be the present city limits, being one hundred yards from the center of said streets on each side running with the present city limits; and the eastern line of said extension will be a line running from a point one hundred yards from the center of said Campbellton street on the east side thereof, running south-east two hundred yards; and the southern line of said extension shall be a line running from the last mentioned point south-west two hundred yards, and the west line of said extension shall be a line running from the point last

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mentioned, in a north-west direction, two hundred yards to the present city limits. The property mentioned in this extension shall not be subject to city taxes. New limits defined. SEC. III. Be it further enacted, That the Mayor and Council of the town of Fairburn shall have full power and authority to work persons imprisoned in the calaboose, for the violation of any of the ordinances of said town, on the public works or streets in said town during the time of their imprisonment or confinement. Authority to work prisoners on public streets. SEC. IV. Be it further enacted, That the right and power to make arrests in said annexed territory for violation of any of the ordinances of the town of Fairburn, now in force, or which may be passed hereafter by the Mayor and Council of said town of Fairburn, is hereby conferred on the police force of said town of Fairburn, and when any person shall be arrested by the regular or special police of said town of Fairburn for violation of any ordinance of said annexed territory, such person so offending shall be tried before the Mayor or Mayor and Council of said town, and if found guilty shall be punished as if said offense was committed in any other part of the corporate limits of said town of Fairburn. Police powers. SEC. V. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889. AMENDING CHARTER OF MORELAND. No. 450. An Act to amend an Act entitled An Act to incorporate the town of Moreland, in the county of Coweta, and for other purposes connected therewith. Approved December 28, 1888. SECTION I. Be it enacted by the General Assembly of Georgia, That section 1 of the above recited Act be amended by striking therefrom the words one quarter and inserting in lieu thereof the words one half, and by adding to said section 1 the following proviso: Provided, that none of the lands now owned by A. W. Bingham shall be included in the corporate limits of Moreland, and that no land in said town which is used exclusively for agricultural purposes shall be subject to taxation by said town, so that said section, as amended, will read as follows: That from and after the passage of this Act the town of Moreland, in the county

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of Coweta, be, and is hereby incorporated; and that the incorporate limits of said town of Moreland shall extend one half a mile in every direction from the railroad depot in said town; Provided, that none of the lands now owned by A. W. Bingham shall be included in the corporate limits of Moreland, and that no land in said town which is used exclusively for agricultural purposes shall be subject to taxation by said town. Charter amended. 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 November 25, 1889. INCORPORATING TOWN OF HILTON. No. 452. An Act to incorporate the town of Hilton, in the county of Early; to define its limits; prescribe its municipal powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the town of Hilton, in the county of Early, be, and the same is hereby incorporated as a town under the name of the town of Hilton. The corporate limits of said town to extend one-half mile in every direction from the store house now occupied by E. Hilton. The corporate powers of said town shall be vested in a Mayor and five Councilmen, and by the name of the Mayor and Councilmen of the town of Hilton 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. Limits. Corporate powers. SEC. II. Be it further enacted, That E. Hilton be, and he is hereby, appointed Mayor, and J. T. Jay, W. T. Jay, H. G. Anglin, J. P. Nelson and E. T. Murphy be, and they are hereby, appointed Councilmen of said town of Hilton, to hold their offices until the first annual election, as hereinafter provided. Provisional Mayor and Aldermen. SEC. III. Be it further enacted, That on the first Monday in January, 1890, and every year 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 a term of one year, and until their successors are elected and qualified. 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

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enter on the discharge of the duties of the office to which they have been elected; 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. In the event that the office of Mayor or any member of the Board of Councilmen shall become vacant from any cause whatever, the Mayor, or, in case his seat is vacant, said Board of Councilmen shall, at the next regular meeting thereof, elect officers to fill the unexpired term occasioned by such vacancy. Annual elections. Eligibility to office. Vacancies. SEC. IV. Be it further enacted, Before entering on the discharge of their duties, the Mayor and Council shall subscribe the following oath, which shall 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 Hilton, according to the best of my ability and understanding; so help me, God. Oath of office. SEC. V. 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. Laws and ordinances Proviso. SEC. VI. Be it further enacted, That said Mayor and Councilmen shall have power to levy and collect a tax not exceeding one-half of one per cent upon all property, both real and personal, within the corporate limits of said town, 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 to State and county taxes. All levies of tax executions to be made by the Marshal, and to be conducted as sales by the Sheriffs of this State in cases of levy of tax executions. They shall also have power to require all persons within said corporate limits who are subject to road duty under the laws of this State, to work on the streets of said town; or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Taxes. Executions Street work. SEC. VII. Be it further enacted, That the Mayor of said town, and in his absence, the Mayor protem., (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

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whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that all persons and property therein are protected; and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guard-house of said town, or by work on the streets of said town, not exceeding thirty days. Powers of the Mayor. Police protection. SEC. VIII. Be it further enacted, That said Mayor and Councilmen at their first meeting shall elect a Clerk and Treasurer, who may be one of their own number, and also a Marshal, who shall be a citizen of said town. From 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 and Treasurer or Marshal, as the case may be, to the best of their skill and knowledge. Subordinate officers. SEC. IX. 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. X. Be it further enacted, That said Mayor and Council shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and all other like enterprises as they may deem to the best interest of said town. Special tax. SEC. XI. Be it further enacted, That said Mayor and Council shall have power to regulate and control the sale of all liquors, wines, bitters and beverages of all kinds that will intoxicate, 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 penalties upon any person or persons selling such intoxicating liquors, wines, bitters or beverages in said town without said license. Liquor traffic. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889.

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AMENDING CHARTER OF MAYSVILLE. No. 480. An Act to amend an Act, approved October 13, 1885, entitled an Act to amend an Act to incorporate the town of Maysville, in the counties of Jackson and Banks, by amending so much of section 5 of said Act as allows the Commissioners of the said town the right to levy one dollar tax per capita for street purposes, be so regulated and amended that said Commissioners may levy any amount from one dollar to five dollars, as in their discretion may seem best, per capita, for street 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, an Act entitled an Act to amend an Act to incorporate the town of Maysville, in the counties of Jackson and Banks, by amending so much of said Act as allows the Commissioners the right to levy one dollar per capita upon the citizens of said town for street purposes, be so amended that said Commissioners may levy any amount from one dollar to five dollars upon the citizens of said town, who are subject to road duty under the laws of this State, per capita, for street purposes. Amends charter of Maysville. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889 INCORPORATING TOWN OF MEIGS. No. 489. An Act to incorporate the town of Meigs, in Thomas county, and to provide for the election of Mayor and Council, Marshal and and Clerk, and to define their powers and duties. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, the town of Meigs, in the county of Thomas, shall be incorporated under the name and style of the town of Meigs, by which name it shall sue and be sued, plead and be impleaded. Corporate name.

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SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: The corporate limits of said town shall extend one-half mile from the depot site of the Savannah, Florida and Western Railway Company in said town; that is, said corporate limits shall commence at the center of the depot site aforesaid and extend in one-half mile north, south, east and west, so as to include all of the territory in every direction within one-half mile from the center of the depot site aforcsaid, which, after the passage of this Act, shall be known as the corporate limits of said town. Corporate limits defined. SEC. III. Be it further enacted by the authority aforesaid, That on every first Monday in each year there shall be an election held for the election of five Councilmen, whose terms shall be for one year, which election shall be conducted in the same manner as an election for members of the General Assembly in this State, and each person residing within the corporate limits of said town who shall be qualified to vote for members of the General Assembly in this State shall be a qualified voter in such elections for Councilmen, and the person or persons who shall receive the highest number of votes for either of the above named offices shall be duly elected; Provided, that the Mayor, Marshal and Clerk, herein provided for, shall be elected by the Council immediately upon their election, or as soon thereafter as practicable, whose terms shall be for one year or until their successors are elected and qualified. Annual elections. Proviso. SEC IV. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power, annually, to fix the salaries of the officers of said town, and to levy and collect a tax on all the property within said town, subject to taxation by the county authorities, not to exceed three-tenths of one per cent.; to cause to be worked all streets, roads and alleys in said town, by all persons resident therein, subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons in lieu of working on such streets. Said Mayor and Council shall have power to make and establish any all such by-laws, rules and ordinances as they may deem necessary for the government of said town, which are not inconsistent with the laws and Constitution of this State; to punish by fine or imprisonment, or both, in the discretion of the Mayor or Council; Provided, the fine shall not exceed fifty dollars, nor the imprisonment thirty days, in the discretion of the Mayor and Council. Corporate powers. Rules and by-laws. Proviso. SEC. V. Be it further enacted by the authority aforesaid, That the Mayor shall have the same jurisdiction and authority as have Justices of the Peace in this State to bind over offenders, that may

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be brought before the Mayor or any member of the Council, when it shall appear that the offense is a violation of any State law, committed within the corporate limits of said town. Powers of the Mayor. SEC. VI. Be it further enacted by the authority of the same, That nothing in this Act shall be so construed as to give the town authorities, or any other authorities, the right to grant license to sell intoxicating liquors in any quantity within said town limits, unless the application for a license shall be accompanied by a petition therefor, signed by two-thirds of the freeholders living within three miles of the center of said town. Liquor license. SEC. VII. Be it further enacted by the authority aforesaid, That there shall be no taxes collected on property for the years 1889, 1890 and 1891, beyond two-tenths of one per cent. Rate of taxation. SEC. VIII. Be it further enacted by the authority aforesaid, That the Mayor shall be the chief executive officer of said town. He shall see that all the laws and ordinances of said town are faithfully executed; shall receive such compensation as the Mayor and Councilmen by ordinance may provide preceding his election, and which shall not be changed during the time for which he is elected. Before entering on the duties of his office he shall duly subscribe to the following oath before some officer authorized by law to administer such oaths, and which shall be spread upon the minutes of the records of said Mayor and Councilmen: I,, do solemnly swear (or affirm) that I will, to the utmost of my ability, discharge the duties of Mayor of the town of Meigs during my continuance in office; so help me God. Each Councilman shall also take a similar oath as Councilman before entering on his duties. Executive officer. His salary. Oath of office. SEC. IX. Be it further enacted by the authority aforesaid, That the Mayor shall be ex-officio presiding officer of said Council, but shall have no vote except in case of a tie. The Council may select one of their number to preside in the absence of the Mayor, who, also while acting as Mayor, shall also be deprived of voting on all issues that may come before the Council except in casting the deciding vote in case of a tie. SEC. X. Be it further enacted by the authority aforesaid, That the Mayor and Council shall be entitled to fix the times of their regular meetings or sessions, and the Mayor, or acting Mayor, shall have the power to convene the Council in special meetings or sessions whenever in his judgment the exigencies of the case require it; or upon the joint request of three Councilmen the Mayor shall call special sessions of said Council. Sessions of the council. SEC. XI. Be it further enacted by the authority aforesaid, That the Mayor, or in his absence the presiding officer of Council, or any

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other member of the Council designated for that purpose, shall have full power and authority to hold, at such time and places and under such regulations as may be prescribed by ordinance, a Mayor's Court for the said town, and to impose such penalties for the violation thereof as may be prescribed by ordinance, a fine for each offense not exceeding one hundred dollars ($100) or imprisonment not exceeding thirty (30) days in the town prison or in the county jail of Thomas county, or to be put to hard labor on the streets or public works of said town or both fine or imprisonment or fine and hard labor on the streets and public works of said town. Mayor's court. Fines. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. INCORPORATING TOWN OF METCALFE. No. 491. An Act to incorporate the town of Metcalfe, in Thomas county, and to provide for the election of Mayor and Council, Marshal and Clerk, and to define their powers and duties. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, the town of Metcalfe, in the county of Thomas, shall be incorporated under the name and style of the town of Metcalfe, by which name it shall sue and be sued, plead and be impleaded. Corporate name. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: The corporate limits of said town shall extend one-eighth milef rom the depot used by the Savannah, Florida and Western Railway Company in said town; that is, said corporate limits shall commence at the center of the depot aforesaid, and extend in one-eighth mile north, south, east and west, so as to include all of the territory in every direction within one-eighth mile from the center of the depot aforesaid, which, after the passage of this Act, shall be known as the corporate limits of said town. Corporate limits defined. SEC. III. Be it further enacted by the authority aforesaid, That on every first Monday in each year there shall be an election held

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for the election of five Councilmen, whose terms shall be for one year, which election shall be conducted in the same manner as an election for members of the General Assembly in this State, and each person residing within the corporate limits of said town who shall be qualified to vote for members of the General Assembly in this State shall be a qualified voter in such elections for Councilmen, and the person or persons who shall receive the highest number of votes for either of the above named offices shall be duly elected; Provided, that the Mayor, Marshal and Clerk herein provided for, shall be elected by the Council immediately upon their election, or as soon thereafter as practicable, whose terms shall be for one year, or until their successors are elected and qualified. Annual elections. Qualified voters. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have power annually to fix the salaries of the officers of said town, and to levy and collect a tax on all the property within said town, subject to taxation for county purposes, not to exceed two-tenths of one per cent.; to cause to be worked all streets, roads and alleys in said town by all persons resident therein subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons in lieu of working on such streets; said Mayor and Council shall have power to make and establish any and all such by-laws, rules and ordinances as they may deem necessary for the government of said town which are not inconsistent with the laws and Constitution of this State, to punish by fine or imprisonment, or both, in the discretion of the Mayor or Council; Provided, the fine shall not exceed fifty dollars, nor the imprisonment thirty days, in the discretion of the Mayor and Council. Corporate powers. Proviso as to fines. SEC. V. Be it further enacted by the authority aforesaid, That the Mayor shall have the same jurisdiction and authority as have Justices of the Peace in this State, to bind over offenders that may be brought before the Mayor, or any member of the Council, when it shall appear that the offense is a violation of any State law committed within the corporate limits of said town. Mayor has powers of Justice of the Peace. SEC. VI. Be it further enacted by the authority aforesaid, That nothing in this Act shall be so construed as to give the town authorities, or any other authorities, the right to grant license to sell intoxicating liquors in any quantity within said town limits, unless the application for a license shall be accompanied by a petition therefor signed by two-thirds of the freeholders living within three miles of the center of said town. Sale of spirituous liquors prohibited. SEC. VII. Be it further enacted by the authority aforesaid, That

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there shall be no taxes collected on property for the years 1889, 1890 and 1891 beyond one-tenth of one per cent. Rate of taxation. SEC. VIII. Be it further enacted by the authority aforesaid, That the Mayor shall be the chief executive officer of said town. He shall see that all the laws and ordinances of said town are faithfully executed; shall receive such compensation as the Mayor and Councilmen, by ordinance, may provide preceding his election, and which shall not be changed during the time for which he is elected. Before entering on the duties of his office he shall duly subscribe to the following oath before some officer authorized by law to administer such oath, and which shall be spread upon the minutes of the records of said Mayor and Councilmen: I,, do solemnly swear (or affirm) that I will, to the utmost of my ability, discharge the duties of Mayor of the town of Metcalf during my continuance in office; so help me God. Each Councilman shall also take a similar oath as Councilman before entering on his duties. Powers of the Mayor. Oath of office. SEC. IX. Be it further enacted by the authority aforesaid, That the Mayor shall be ex-officio presiding officer of said Council, but shall have no vote except in the case of a tie. The Council may select one of their number to preside in the absence of the Mayor, who, also, while acting as Mayor, shall also be deprived of voting on all issues that may come before the Council except in casting the deciding vote in case of a tie. Mayor pro tem. SEC. X. Be it further enacted by the authority aforesaid, That the Mayor and Council shall be entitled to fix the times of their regular meetings, or sessions, and the Mayor, or acting Mayor, shall have the power to convene the Council in special meetings, or sessions, whenever, in his judgment, the exigencies of the case require it; or upon the joint request of three Councilmen, the Mayor shall call special sessions of said Council. Sessions of the Council. SEC. XI. Be it further enacted by the authority aforesaid, That the Mayor, or in his absence, the presiding officer of Council, or any other member of the Council designated for that purpose, shall have full power and authority to hold, at such times and places, and under such regulations as may be prescribed by ordinance, a Mayor's Court for the said town, for the trial of offenders against the ordinances of said town, and to impose such penalties for the violation thereof, as may be prescribed by ordinance, a fine for each offense, not exceeding fifty dollars ($50), or imprisonment not exceeding thirty (30) days in the town prison, or in the county jail of Thomas county, or be put to hard labor on the streets or public works of said town, or both fine and imprisonment, or fine and hard labor on the streets and public works of said town. Mayor's Court. Limit of fines.

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SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. AMENDING CHARTER OF GREENSBORO. No. 500. An Act to amend the charter of the city of Greensboro so as to require the Mayor and Aldermen of said city to make semi-annual itemized statement of receipts and disbursements on account of said city; also the indebtedness; and for other purposes. Said Act approved March 5, 1856. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the charter of the city of Greensboro, which was approved March 5, 1856, shall be so amended as to require the Mayor and Aldermen of said city to make a semi-annual itemized statement of account on the first Monday of April and the first Monday of October of each year, showing the receipts, disbursements and indebtedness of said city, weich shall be published, either by posting at the court house door, or in a public gazette of the city. Semi-annual reports required. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. AUTHORIZING DUBLIN TO GRANT USE OF STREET TO ANY RAILROAD. No. 502. An Act to authorize the Mayor and Council of the town of Dublin to permit any railroad to use Madison street, in said town, for railroad purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the Mayor and Council of the town of Dublin are hereby authorized

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to permit any railroad to use and occupy Madison street, in said town, by its tracks, and as a right-of-way, under such terms, limitations and restrictions as said Mayor and Council may impose. Use of street granted to any railroad. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. AMENDING CHARTER OF ATHENS. No. 503. An Act to amend the charter of the city of Athens, so as to authorize the Mayor and Council of the city of Athens to assess the annual cost of water for fire purposes, against the property protected; to declare what property is so protected; to provide for the collection of said assessments, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Council of the city of Athens are hereby authorized, in their discretion, to make an annual assessment of the various lots and lot-owners in said city, within the protection of water mains, now laid or hereafter laid, to pay the cost of providing a supply of water for fire purposes. Said Mayor and Council shall have power to prescribe what shall constitute a lot for the purposes of this Act, and to declare what property is within the protection of the water mains; Provided, that no lot shall be less than twenty-five feet front, and residence lots ahall not be sub-divided for assessment, and no assessment shall be made on unimproved lots; and, provided further, that no lot shall be declared within the protection of a water main when the improvements on such lots are more than one thousand feet from a fire hydrant. Said Mayor and Council shall have power to equalize assessments under this Act, taking into consideration the value of the improvements upon the lots assessed, and the distance of such improvements from a fire hydrant; Provided, that no assessment on any lot shall exceed the sum of five dollars per annum. Assessments for water taxes Proviso. SEC. II. Be it further enacted, That the said Mayor and Council shall provide for a return of lots subject to assessment under this Act, and may impose as a penalty, a double assessment upon any person who fails or refuses to make such returns, or to pay the assessment when due. The amount of the assessment upon each lot

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shall be a lien upon the lot assessed from the date of the ordinance making the assessment. Assessments made under this Act shall be collected by execution issued against the lot assessed, and the owner at the date of the assessment, which shall be issued and enforced in the same manner as tax executions are issued and enforced in said city. Returns for assessments. SEC. III. Be it further enacted, That the amounts that may be collected from any assessment under this Act shall be used only for paying the cost or expense of providing a supply of water for fire purposes. If the amount realized from any assessment under this Act shall not be sufficient to pay the whole cost or expense of such water supply, then the balance necessary for such purpose shall be raised as now provided by law. Funds to be used only for providing water supply. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. AMENDING CHARTER OF DALTON. No. 504. An Act to amend the charter of the city of Dalton, Georgia, and the Acts amendatory thereof, so as to authorize the Mayor and Council of the city of Dalton to require all persons, firms, companies and corporations doing business within the corporate limits of said city to register their trade, calling or profession with the Clerk of the Council, and to pay a fee therefor and to prescribe fire limits. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same, That the charter of the city of Dalton be, and the same is hereby amended so as to authorize the Mayor and Council of said city to require each person, firm, company or corporation, whether they reside within the corporate limits of said city or not, engaged in, or about to engage in any business, trade, calling or profession within said corporate limits, to register their names, business, trade, calling or profession annually in the office of the Clerk of the Council in a book to be kept by him for such purpose, at such times and under such regulations as the Mayor and Council may prescribe by ordinance. Charter amended. Business men required to register. SEC. II. Be it further enacted, That said Mayor and Council

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shall have full power and authority to impose such fines, not to exceed one hundred ($100) dollars, and to enforce the collection of the same by fine and imprisonment, as may be prescribed by ordinance against any firm, person, company or corporation failing or refusing to register and procure license as prescribed. Penalty for failing to procure license. SEC. III. Be it further enacted, That the Mayor and Council of said city are hereby authorized to prescribe fire limits within said city, and to prevent the erection of wooden buildings within said limits in said city, and to enact such ordinances as they may deem proper for the regulation of the same. Fire limits. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. AMENDING CHARTER OF MONTICELLO. No. 505. An Act to amend an Act entitled An Act to regulate the town of Monticello, in the county of Randolph, approved December 15, 1810, and the several Acts amendatory thereof, by defining the powers of the municipal government of said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the municipal government of the town of Monticello, in Jasper county, shall have power and authority to levy and collect annually a special tax on all businesses conducted in said town, except that of law, physic and dentistry; to levy and collect a special tax on all billiard tables, pool tables, tenpin or nine-pin alleys, and all other tables and alleys used for the purpose of playing on with pins or balls, or both, within said town, and, in addition to these, all the powers conferred by the Act of August 26, 1872, entitled An Act to prescribe the manner of incorporating towns and villages in this State. Municipal powers defined. General powers. SEC. II. Be it further enacted by the authority aforesaid, That an Act entitled an Act to regulate the town of Monticello, in the county of Randolph, approved December 15, 1810, be amended by striking therefrom so much of said Act as provides that the municipal government shall be vested in five Councilmen only, and inserting in lieu thereof: The government of said town shall be

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vested in a Mayor and five Councilmen, to be elected by the people on the day appointed by the ordinances of said town. The other authorities of the town shall be a Recorder and Marshal, who shall be elected by the Mayor and Council, and hold their offices for one year, unless removed by the Mayor and Council. Original charter amended. Subordinate officers. SEC. III Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. NEW CHARTER FOR WAYCROSS. No. 517. An Act to re-incorporate the town of Waycross as the city of Waycross, and to confer additional powers on the said corporation, and to codify, amend and supercede all previous Acts incorporating the town of Waycross, and granting a new charter to the said town, under the name of the City of Waycross, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the town of Waycross, in Ware county, be, and the same is hereby re-incorporated under the name and style of the City of Waycross, and from and after the passage of this Act, the several Acts incorporating the town of Waycross, as well as the Acts amendatory thereof, be so amended, superceded and changed as that the charter of the said city of Waycross shall read as follows: The municipal government of the city of Waycross shall consist of a Mayor and five Aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the city of Waycross, and by that name and style shall have perpetual succession with power to make such ordinances, resolutions and by-laws for municipal purposes as may be deemed proper, not in conflict with this charter, nor the Constitution and laws of this State, nor the United States, and with power in, and by said corporate name, to contract and be contracted with, sue and be sued, plead and be impleaded in all the Courts of this State, and do all other acts relating to its corporate capacity; and shall be able, in law, to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said city of Waycross, any property, or, for any term of years, any estate or estates, real or personal, lands, tenements,

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hereditaments, of whatever kind or nature soever, within the limits or without the limits of said city for corporate purposes, and hold all property and effects now belonging to the said city for the purposes and intents for which the same were granted or dedicated; to use, manage and improve, sell and convey, rent or lease, and have the like powers over property hereafter acquired, and to have and use a common seal. All ordinances, rules and regulations heretofore adopted in said city, and now in force, shall continue in operation until the same are repealed, amended and codified by the said Mayor and Aldermen, provided the same are not in conflict with the provisions of this Act. Re-incorporated as the city of Waycross. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of the said city shall extend one mile and one-half in every direction from the present court house as now located therein. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That the said city of Waycross shall be divided into five wards and numbered respectively 1, 2, 3, 4 and 5. Ward number 1 shall be included in the following boundary lines, to-wit: Beginning at the point where Pond street intersects the Savannah, Florida and Western Railway, thence easterly along said railway to the boundary line of said city, and from said point where Pond street intersects the Savannah, Florida and Western Railway along said street to the intersection of parallel street, and thence out and along said parallel street, as far as the same is now opened, and on an air-line therefrom, and along what would be parallel street, if opened and extended, to the boundary line of said city; thence around and along said boundary line to the point aforesaid, where the same is intersected by the Savannah, Florida and Western Railway. Ward number two (2) shall include that part of the said city lying between Ward number 1, and embraced in the following limits, to-wit: Beginning at the point where Pond street intersects the Savannah, Florida and Western Railway, and thence westerly along said railway to where the same is intersected by Isabella street, thence out and along said Isabella street as far as the same is opened, and on an air-line therefrom, and along what would be Isabella street, if opened and extended, to the boundary line of the said city of Waycross, and extending along said line to the point where the same intersects with the boundary of Ward number 1. Ward number three (3) shall include that part of the said city lying between Ward number 2 and embraced in the following limits, to-wit: Beginning at the point where Isabella street intersects the said Savannah, Florida and Western Railway, and thence in a

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westerly direction along said Savannah, Florida and Western Railway to the boundary line of the said city, and thence along said line to the point where the same intersects with the boundary of Ward number 2. Ward number 4 (four) shall include that part of the said city lying between Ward number 3 and embraced in the following limits, to-wit: Beginning at the point where Gilmore street intersects with the said Savannah, Florida and Western Railway, and thence out and along said Gilmore street as far as the same is opened, and on an air-line therefrom, and on what would be Gilmore street, if opened and extended to the boundary line of said city, and thence along said line to the point where the same intersects with the said Savannah, Florida and Western Railway at the boundary of Ward number 3. Ward number 5 (five) shall include that part of the said city lying between Ward number 4 and embraced in the following limits, to-wit: Beginning at the point where Gilmore street intersects said Savannah, Florida and Western Railway, and thence in an easterly direction along the line of said railway to the boundary line of the said city, thence along said line to the point where the same intersects the boundary of Ward number 4. City wards. Boundary of first ward. Boundary of second ward. Boundary of third ward. Boundary of ward number 4. Boundary; of fifth ward. SEC. IV. Be it further enacted by the authority aforesaid, That there shall be elected at the next annual election, to be held on the first Saturday in January, 1890, a Mayor and five Aldermen; one of whom shall be a resident of each ward, who shall hold their office for a term of one year; and at each annual election held on the first Saturday in January of each and every year there shall be a Mayor and five Aldermen elected, one to be a resident of each of the five wards, who shall hold their office until their successors are elected and qualified. And in the event that the office of said Mayor, or of either of said Aldermen, shall become vacant by death, resignation, removal, or otherwise, a majority of the Council shall order a new election, by giving at least ten days' notice in any one or more of the city papers, or at two or more of the most public places in the said city. And the said election so held shall be managed in the same manner as the election hereinafter provided for in this charter; Provided, however, that if any of the said offices shall become vacant at any time within three months of the expiration of the term of office, said Council shall have the right and power to fill such office for the remainder of the term. The Mayor shall receive for his services a sum not exceeding $250 per annum, and each of the said Aldermen a sum not exceeding $50 per annum, as may be fixed by the Council, which sums shall not be changed during their term of office. The elections provided for in this section

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shall be by general ticket; Provided, that said Aldermen shall be taken one from each ward, of which he shall be a resident. Annual elections. Vacancies. Proviso. Salaries. SEC. V. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of said city shall be citizens of the State of Georgia, who have attained the age of twenty-one years, and who have been citizens of the city of Waycross for one year next preceding the election, and shall be qualified voters of said city. Eligibility to office. SEC. VI. Be it further enacted by the authority aforesaid, That any person qualified to vote for members of the General Assembly shall be entitled to vote for the Mayor and Aldermen; Provided, that they have registered their names as required by an Act to provide for the registration of the voters of Waycross, approved October 15, 1887, and the Act amendatory thereof, approved December 24, 1888, which said Acts are continued in force, and are to be taken and considered as a part of this charter for the city of Waycross. Qualified voters. SEC. VII. Be it further enacted by the authority aforesaid, That the elections for Mayor and Aldermen of said city shall be held under the same rules and regulations, as nearly as practicable, as elections for members of the General Assembly. Such elections shall be conducted under the management of a Justice of the Peace and two freeholders, who are residents of said city and not candidates in said election, or in the absence of a Justice of the Peace, any three freeholders, residents of the said city and not candidates in said election may manage the same. The Mayor and Aldermen of said city to have the right and power to appoint any three freeholders or any two freeholders and a Justice of the Peace, who are residents of the said city, to conduct said election. The managers shall each, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or Justice of the Peace, to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote who is not entitled to do so according to the charter of this city, nor knowingly prohibit any one from voting who is so entitled. Nor we will not, knowingly, divulge for whom any vote was cast, unless called upon by law to do so; so help us, God. Said oath shall be signed by each superintendent or manager in the capacity in which he acts, and shall be made and subscribed before some officer authorized to administer oaths, if any such is present, and if no such officer is present, said oath may be made and subscribed by each manager in the presence of the others. The managers shall report the result of the election to the acting Council,

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and shall also issue a certificate of election to each of the persons elected, which certificates of election shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties after qualification as hereinafter provided. Said certificates to be entered upon the records of said Mayor and City Council; but the lists of voters, tally-sheets and ballots shall be returned by the said managers to the Ordinary of said county of Ware, and all contests growing out of said election or concerning the same, shall be before said Ordinary, and determined by him as in other cases of contest, and no such contest shall be allowed or heard by him unless begun within five days after the election. Manner of conducting elections. Managers oath. Certificate of election. Contests. SEC. VIII. Be it further enacted by the authority aforesaid, That the place of holding all elections under this charter shall be at the court house or city hall, and the time of day for keeping open the election shall be from 7 o'clock a. m. to 6 o'clock p. m. The managers may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed if a candidate in person or by written authority objects. Place for holding election, etc. SEC. IX. Be it further enacted by the authority aforesaid, That before entering upon the duties of their respective offices the Mayor and Aldermen shall make and subscribe the following oath, which shall be administered by any person qualified to administer oaths: I do solemnly swear that I will faithfully discharge all of the duties devolving on me (as Mayor or Alderman, as the case may be,) of the city of Waycross during my continuance in office, according to the best of my ability and understanding; so help me God. Said oath shall be entered upon the records of the city. Oath of office. SEC. X. Be it further enacted by the authority aforesaid, That there shall be elected by the Mayor and Aldermen a Mayor pro tem., Clerk of Council, City Treasurer, Tax Assessor or Assessors and Collector, City Attorney, Marshal, and such other officers and men as the Mayor and Council may determine to constitute the police force of the city; a street overseer, sexton, and such other officer or officers as the necessities of the city may demand, who shall each hold his office for one year, or until his successor is elected and qualified, unless removed for causes to be judged by the Mayor and Aldermen. They shall receive a reasonable sum as compensation for their services, to be fixed by the Mayor and Aldermen preceding every election, which shall not be increased or diminished during their continuance in office. Their duties shall be prescribed by ordinances. On entering upon the discharge of their duties they shall each take and subscribe an oath to faithfully perform the duties of their offices, and they shall each enter into bond, with good security,

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payable to the city of Waycross, in such amount as may be fixed by the Mayor and Aldermen for the faithful performance of their duties. The Mayor and Aldermen may also appoint special policemen when, in their judgment, such appointment may be necessary; such policemen to be discharged when the emergency requiring their services is past, and to be compensated as the Mayor and Aldermen may determine. The Mayor and Aldermen shall also have power and authority to appoint a Board of Health for the said city, and to define their powers and duties, and to prescribe their compensation. Subordinate officers. Salaries. Special Policemen. Board of Health. SEC. XI. Be it further enacted by the authority aforesaid, That a majority of the Aldermen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time, and may compel the attendance of the absentees. Any Alderman shall have the right to call for the ayes and nays, and have the same recorded on the minutes in all cases. The Mayor shall have no vote, except in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the Board of Aldermen, and the said Mayor shall have three days after the meeting at which the Aldermen vote in which to file with the Clerk, in writing, his dissent; but the Aldermen may pass the said ordinance, order or resolution, notwithstanding the veto, by a vote of two-thirds, to be taken by ayes and nays, and entered upon the minutes. Quorum of City Council. Mayor's veto. SEC. XII. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen shall have full power to levy and collect an ad valorem tax, not to exceed one-third of one per cent., upon all property, real or personal, within the incorporate limits of the city, which is taxable under the laws of the State; said ad valorem tax to be for the purpose of bearing the general expenses of the city government, and an additional tax, not to exceed one-quarter () of one per cent., for the special and extraordinary expenses, viz: Cholera, yellow fever, small-pox or other contagious diseases, including quarantine and sanitary purposes, and to be collected and used for no other purposes, whenever, in the judgment of the Mayor and Aldermen, the necessities of the city shall require the same; and in addition thereto they shall have power and authority to levy and collect an ad valorem tax, not to exceed one-quarter () of one per cent., upon the value of all real and personal property in said city, for public school purposes, as now authorized by an Act of the General Assembly providing for the establishing of a system of public schools for Waycross, approved October 22,

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1887, and the Act amendatory thereof, approved December 26, 1888. Taxes. Extraordinary expenses. School tax. SEC. XIII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have authority, in addition to the ad valorem tax above provided for, to levy and collect a specific tax upon all billiard tables, ten-pin alleys, or nine-pin alleys, and all tables or alleys of any kind used for the purposes of playing with balls or pins, or both, in the said city, and on all contrivances of whatever kind used for the purpose of gaming, or carrying on games of chance, by selling cards, tickets or numbers, or by turning a deal, or a wheel, selecting cards, pictures, envelopes or photographs from a number of similar articles or objects, or by pitching rings at sticks or knives, or by throwing dice, or by any other artifice or contrivance whatever. They shall, also, have authority to levy a tax in such sums as they may see proper, upon all circuses, sleight-of-hand performances, tricks of legerdemain, theatrical exhibitions, or other shows which may exhibit in said city, such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by execution, as hereinafter provided for in this Act. Said Mayor and Aldermen shall, also, have authority to levy and collect such license tax upon any or all business occupations of different kind or charaeter, carried on for any length of time in said city, as they may see proper, and to enforce the collection of the same as in the case of other taxes. Special taxes. Avocation tax. SEC. XIV. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances, in the public streets, lanes, alleys, or public sidewalks in said city. They shall have power, if necessary, to establish a market or markets in said city; to regulate all butcher pens, slaughter houses, tan-yards, livery stables, blacksmith shops, forges and chimneys, steam saw-mills, steam grist-mills, mill-ponds, fish-ponds, and steam gins within said city, and remove or cause to be removed the same, or any of them, in case they become nuisances, dangerous, or injurious to the health of the city. They shall have power, also, to fill up all pits, cellars or excavations, in said city, or cause the owner or owners to do so, when they shall deem it necessary for the public interests to have the same done. They shall have power to license and regulate all hotels or taverns, public houses and boarding houses; and power to regulate all drays, omnibuses, hacks, wagons and other vehicles,, owned or kept for use or hire in said city, and to regulate and control all public pumps and wells, fire companies and engines, or any other apparatus of

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like character in said city. They shall have power to remove, or cause to be removed, all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered nuisances, or considered dangerous. Streets and street encorachments. Licenses for hotels, etc. SEC. XV. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power to license and appoint as many auctioneers and vendue-masters annually for the city as they may deem proper, and to fix and collect the amount of license required of each. They shall further have power to levy a tax upon all goods sold at auction in said city, to be paid by the auctioneer. They shall have power and authority to license all other occupations and business not herein specially provided for and not otherwise taxed. Auctioneers and vendue masters. SEC. XVI. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, wines, malt and intoxicating liquors of every kind whatever in said city; to grant license for the sale of the same, and to fix the price for the said license; Provided, the same shall not be less than the sum of ten thousand ($10,000) dollars; to establish such regulations and restrictions for the sale of the same as they may see proper, and to impose penalties upon persons selling such liquors without license, or for violating any of the city ordinances regulating the sale of the same. Regulation of sale of spirituous liquors. Proviso. SEC. XVII. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets and alleys of said city, and to improve and light the same; and shall have power to lay off, vacate, close up, alter, open, curve, pave, drain and repair the roads, streets, bridges, sidewalks, alleys, cross tracks, drains and gutters for the use of the public or any citizen of said city. They shall also have power to compel the owners or lessees of property to pave or otherwise keep in good order and condition, as they may direct, the sidewalks in front of such property. Should any owner or lessee fail to comply with any ordinances passed for such purpose, the work may be done by the city and the expenses attending the same collected by execution issued against the said owner or lessee. They shall have power also to protect places of public worship; provide places for the burial of the dead, and to regulate interments therein; to regulate the keeping of gunpowder and other combustible and explosives; to make regulations for guarding against fire; to establish fire limits, and from time to time to enlarge and restrict the same. They shall

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also have power to provide, lay out, improve and maintain public parks or pleasure grounds, and have complete authority and jurisdiction over the same. Streets and street improvements. Sidewalks. Houses of public worship and cemeteries. SEC. XVIII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power and authority to pass all such ordinances and regulations for the government of said city for the suppression of disorderly conduct; the protection of life and property; the maintenance of the public peace and the protection of the public health, which would not be repugnant to the Constitution and laws of this State or of the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. And the said Mayor and Aldermen shall have power and authority to make all such contracts in their corporate capacity as they may deem best for the said city. For the preservation of of order, health, etc. SEC. XIX. Be it further enacted by the authority aforesaid, That all persons liable to perform road duty by the laws of this State shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year or to pay a commutation tax in lieu thereof not to exceed four dollars ($4), as the Mayor and Aldermen may determine. Should any person liable to work the streets of the said city under this section fail or refuse so to do or to pay his street tax assessed in lieu of such services after having received due notice so to do on or before the last day, as the said Mayor and Aldermen by ordinance may require, such person may be sentenced by the Mayor to work upon the streets of the said city for and during the term of not exceeding fifteen days, under the direction and control of the proper officer, or be confined in the guard-house for a term not exceeding ten days, in the discretion of the Mayor. Street work. Penalty for not working streets. SEC. XX. Be it further enacted by the authority aforesaid, That should any person fail or refuse to pay the city tax or license, or tax and license imposed by the city authorities according to this charter within the time allowed or prescribed by the ordinances of said city, the Clerk shall issue an execution against such delinquent taxpayer for the amount due by him to the said city, which shall bear test in the name of the Mayor and Aldermen of said city. Said execution shall bind all of the property that said defaulting taxpayer owns in said city for the year for which the said taxes are due. Said execution shall be directed to and enforced by the Marshal of said city, who, after levying the same upon the property of the said defaulting taxpayer, shall, if the property levied on be personal property, advertise the sale by posting notices thereof in three or more public places in the said city for ten days before the date of

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sale; and, if the property be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the Sheriff's sales of Ware county are advertised, before selling the same. All sales under such execution shall be made by the City Marshal before the door of the court house or the city hall, or at such place as the Mayor may direct. Notice of which place and the time of sale shall be contained in the advertisement. The property levied upon shall be sold by the Marshal at public outcry, under the laws of Sheriff's sales, to the highest and best bidder. When personal property is sold the Marshal shall deliver possession thereof on the spot to the purchaser. When real estate is sold the Marshal shall make to the purchaser a deed, which shall be as effectual in passing the title as the deed of the person against whom the execution was issued, and it shall be the duty of such Marshal, upon application of the purchaser or his agent, to put said purchaser or his agent in possession of the real estate sold, provided said Marshal shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assigns. The Clerk shall be entitled to fifty cents for each fi. fa. issued, and the Marshal shall be entitled to the same fees for levies as are by law allowed to bailiffs in this State, and to the same fees for selling as are received by Sheriffs in this State. Executions for taxes. How sales are advertised. Fees. SEC. XXI. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have power and authority to establish and provide regulations for a city guard-house in which to confine for punishment, when necessary, persons sentenced by the Mayor for violating any of the city ordinances, or any of the penal sections of this charter, and for the safe detention of all disorderly persons, and all persons committing, or attempting to commit crimes; and the Marshal, or any policeman of said city, shall have the right to take up disorderly persons, and all persons committing, or attempting to commit any crime, and confine them in the guardhouse to await their trial. City guard house. SEC. XXII. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of said city shall be bound to keep the peace, and for this purpose shall be ex-officio Justices of the Peace, so as to enable them, or either of them, to issue warrants for offences committed within the jurisdiction of the city, and shall have power, on examination, to commit the offender or offenders, to the guard-house in the said city, or to the jail in Ware county, or to bail them, if the offense be bailable, to appear before the proper court of said county for trial. Mayor and Aldermen are ex-fficio Justices of the Peace.

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SEC. XXIII. Be it further enacted by the authority aforesaid, That the Mayor of the said city, or the Mayor pro tem., when acting as Mayor, shall have power and authority to hold a Police Court for the trial and punishment of all violators of the ordinances, rules or regulations of the said city, and, upon conviction, to punish the said offenders by a fine not to exceed one hundred dollars ($100) and costs, or by labor on the streets or public works of the said city, under the control and direction of the proper officer, not to exceed ninety days, or by confinement in the guard-house not to exceeed sixty days. The Mayor, or the Mayor pro tem., when proceeding in such police court, shall have authority to punish for contempt by fine, not to exceed ten dollars, or confinement in the guard-house, not to exceed five days. In the absence of the Mayor and the Mayor pro tem., any Alderman of the city shall have power to hold police court. Police Court. Limit of fines. Contempt of court. SEC. XXIV. Be it further enacted by the authority aforesaid, That whenever any execution, issued by the proper authority of said city, for fines, forfeitures, taxes, licenses, or any other duty or demand due the said corporation, shall be levied on any property claimed by another person, not a party to the execution, said claim shall be investigated under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and the said claim shall be tried before a jury in the first Justice's Court, or Superior Court, having jurisdiction thereof, as the case may be. Claims of illegality. SEC. XXV. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen shall prescribe by ordinance the time and manner in which, and the officer or officers to whom all property, occupations, etcetera, shall be returned for taxation by the said city, and it shall be the duty of the assessor or assessors to value the real estate for said city for taxation, and to scrutinize carefully each return of property, real or personal, by any tax payer in the said city, and if, in his or their judgment, they shall find the property embraced in the return, or any portion of it, returned below its value, said assessor or assessors shall assess the value thereof within fifteen days, or such other time as may be prescribed by the said Mayor and Aldermen. Whenever the assessor or assessors shall raise the valuation at which the tax payer has returned his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the tax payer's privilege, if dissatisfied with the assessment, to appeal to the Mayor and Aldermen under such rules and regulations as they may prescribe. Manner of assessing property for taxation. Appeals. SEC. XXVI. Be it further enacted by the authority aforesaid, That should a Board of Health be appointed by said Mayor and

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Aldermen, they shall meet once a month, or as often as may be necessary, to visit every part of the city, and to report in writing to the Mayor and Aldermen all nuisances which are likely to endanger the health of the city or of any neighborhood. Said Mayor and Aldermen shall have power, on report of the Board of Health, to cause such nuisance to be abated and the recommendations of the board carried out in a summary manner at the expense of the party whose act caused the said nuisance, or of the owner of the premises, as the Mayor and Aldermen shall elect. Said Mayor and Aldermen shall have power and authority, upon the recommendation of the Board of Health, to cause the owners of lots and parcels of land in said city to drain the same, or to fill the same to the level of the streets or lands upon which they front, or to drain any pool of water thereon. Also to compel the owner or owners of cellars occasionally holding water, to cause the same to be emptied of the water, or to fill up the same if necessary; and in case the owner or owners of the said lot or lots or parcel or parcels of land shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of the said Mayor and Aldermen by filling up the said lots or parcels of land, or by draining the same, or by draining any pool of water thereon, or by emptying or filling up such cellars, it shall be lawful for the said Mayor and Aldermen to cause the same to be done, and for the amount expended for this purpose the Clerk shall forthwith issue an execution against the owner of said property, to be collected from the said lot or parcel of land, and a sale under the Marshal shall pass it as completely to the purchaser as a sale under a judgment or execution by the Sheriff of said county. They shall also have authority, upon the recommendation of the said Board of Health, to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said city of any infectious or contagious diseases, or to isolate, localize or prevent the spread or increase of the same when found in the city. The power and authority conferred in this section may be exercised by the Mayor and Aldermen in their discretion without the recommendation of the said Board of Health, if, at the time, no such board exists in the city. The said Mayor and Aldermen shall have power and authority at any time to fill any vacancies that may occur in the said Board of Health. Duties of the Board Health. Abatement of nuisances. Sanitary precautions. SEC. XXVII. Be it further enacted by the authority aforesaid, That it shall not be lawful for the Mayor or any Alderman of said city to be interested either directly or indirectly in any contract with the city of Waycross, having for its object the improvement of the city or any part thereof, and in the expenditures of its moneys,

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and for any violations of this section by the Mayor or any Alderman of the said city, the offender shall be, on conviction, punished as prescribed by section 4310 of the Code of this State. Prohibits Mayor or Aldermen from entering into contracts for city work. SEC. XXVIII. Be it further enacted by the authority aforesaid, That all warrants, summonses and precepts issued by the Mayor or Aldermen of the city of Waycross, or by the Clerk, bearing test in the name of the said Mayor or Aldermen, shall be directed to the Marshal or police of the said city; and the said Mayor and Aldermen shall have power to issue subp[oelig]nas, or cause the same to be issued by the Clerk, to compel the attendance of parties or witnesses at the Mayor's Court, and the meetings of the said Mayor and Aldermen. The said Mayor and Aldermen shall have full power and authority to take and receive from all parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses, and to pass all ordinances necessary to carry their behests into effect, and to forfeit and collect said bonds in the same manner that such bonds are forfeited in the Superior Court of this State. Warrants. Appearance bonds. SEC. XXIX. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen shall have full power and authority, in their discretion, to organize a chain-gang in the said city under such rules and regulations as may be adopted by the said Mayor and Aldermen, and to cause all offenders against the laws and ordinances of the said city to work in the said chain-gang on the streets and public works of the said city as said Mayor and Aldermen may direct; and that said Mayor and Aldermen shall also have power and authority to work criminal convicts in the said chain-gang, agreeable to the laws of this State, and are hereby authorized to farm out all persons sentenced to imprisonment for violating the ordinances of the city, in the same manner and upon the same terms as the Ordinaries of this State are authorized to farm out convicts. City chaingang. SEC. XXX. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen shall have full power and authority to take up and impound any horses, mules or hogs running at large within the limits of the said city, and to regulate and control the keeping of dogs in the said city, and to provide for impounding and disposing of the same; and to pass all such ordinances as may be deemed necessary for carrying out the provisions of this section. Authority to impound cattle, dogs, etc. SEC. XXXI. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen shall cause the entire police

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force of the said city to be so uniformed and armed as to be readily recognized by the public as peace officers. Police must be in uniform. SEC. XXXII. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen shall have full power and authority to fill any vacancy that may occur in any office held under the election or appointment by said Mayor and Aldermen, for the unexpired term thereof. Vacancies. SEC. XXXIII. Be it further enacted by the authority aforesaid, That any of the officers of the said corporation, who may be sued for any act done, in his or their official character, may be justified under this charter, and that the provisions of this charter may be pleaded, and shall be a full defense to any action brought against the Mayor and Aldermen of the said city, or either of them, for any act or acts done by them, or either of them, under and in accordance with its provisions, and the ordinances passed in pursuance thereto. Officers of the corporation are protected by this charter. SEC. XXXIV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 1, 1889. AMENDING CHARTER OF WEST END. No. 519. An Act to amend an Act to charter the city of West End, in Fulton county. SECTION I. Be it enacted by the General Assembly of Georgia, That the original Act chartering the town of West End, in Fulton county, be, and the same is hereby, amended as follows, to-wit: The people of the territory heretofore known as the town of West End, the boundaries of which are hereinafter defined, are hereby constituted and continued a body politic and corporate under the name and style of The City of West End, with the power to govern themselves by such ordinances, orders or resolutions as they may deem proper, not in conflict with the Constitution and laws of this State; and by said name and style shall have perpetual succession; shall have and use a common seal; and shall have power to contract and be contracted with, sue and be sued, and plead and be impleaded in all the courts of this State; and do all other acts necessary to its corporate capacity; and shall be able in law and

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equity to purchase, receive, have, hold, possess and enjoy, and sell and convey, any property, real or personal, for the use and benefit of said corporation; also to use, manage and improve, rent or lease property now belonging to or hereafter acquired by said city of West End. Amends original charter. Corporate name. General powers. SEC. II. The corporate limits of said city shall be as follows: Commencing where the original land line between land lots number one hundred and eight (108) and one hundred and nine (109), crosses the corporate limits of the city of Atlanta on the west, and running from thence west along the north line of land lots number one hundred and eight (108) and one hundred and seventeen (117) to the northwest corner of said land lot number one hundred and seventeen (117); from thence running south along the west line of land lots number one hundred and seventeen (117) and one hundred and eighteen (118) to the southwest corner of land lot number one hundred and eighteen (118); from thence east along the south line of land lots number one hundred and eighteen (118) and one hundred and seven (107) to the Central Railroad; thence in a straight line in a northeastwardly direction to a point where Humphreys street crosses the corporate limits of the city of Atlanta, as shown by Cooper's map of Atlanta; and from thence along the corporate limits of Atlanta to the beginning point; and that for police and sanitary purposes and the abatement of nuisances the authority of said city shall extend one-half of a mile beyond the limits here named in every direction, except within the limits of the city of Atlanta. Corporate limits defined. SEC. III. The Legislative Department of said city shall consist of a Mayor and five Councilmen. Legislative department. SEC. IV. Elections for the offices of Mayor and Councilmen for said city of West End shall be held at such times and places in said city as hereinafter provided. The hour for opening the polls at such elections shall be seven o'clock a. m., and the polls shall be kept open from that time till three o'clock p. m.; and said Mayor and Council are hereby authorized to fix and alter the time and place of holding such elections as they may deem proper. All male citizens qualified to vote for members of the General Assembly, who shall have paid all taxes required by said city during their residence therein, and who shall have actually resided in said city continuously for at least three months, and who shall have complied with all requirements of said city as to their qualification as voters, shall be entitled to vote at such elections for Mayor and Councilmen, or at any municipal election in said city. The Mayor and Council shall have power and authority to provide for the registration of

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voters prior to any municipal election, and make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered. Elections. Qualified voters. SEC. V. Such elections shall be held by three supervisors or managers, composed of a Justice of the Peace and two freeholders, residents of said city; or in the absence of a Justice of the Peace, by three freeholders, residents of said city; all of whom, before any election, shall be appointed by the Mayor and Council; but in case of a failure to make such appointment, a Justice of the Peace and two freeholders, or three freeholders, qualified as above, may hold any election. Managers of elections. SEC. VI. Each of said upervisors or managers shall, before entering upon said duties, take an oath before some person authorized to administer oaths, or in the absence of such person shall administer the oath to each other, to faithfully and impartially conduct said election, and prevent illegal voting. If they have any doubt of the qualification of any one offering to vote, they shall administer an oath to such person touching his qualifications; and any one who shall in such case swear falsely, shall be guilty of the offense of false swearing and perjury, and be liable to indictment, and on conviction shall suffer the pains and penalties prescribed for such offense; and any person voting or attempting to vote more than once, or in violation of this Act, or any law of this State, or ordinance of said city, providing for elections in said city, shall be guilty of misdemeanor, and upon indictment or accusation and conviction shall be punished as provided in section 4310 of the Code of Georgia, of 1882. Oath of of managers or supervisors. SEC. VII. Said supervisors or managers shall make returns of elections to the Mayor and Council of said city, who shall consider the same and declare the result. In elections for Mayor and Councilmen the persons receiving the highest number of legal votes shall be declared elected, and all cases of contested elections shall be tried before the Mayor and Council. Result of elections. Contests. SEC. VIII. If any vacancy shall occur in the office of Mayor, or any member of Council, by failure to elect, or by death or resignation, or by removal from office, or beyond the city limits, a special election to fill such vacancy shall be ordered by the remaining members of the Mayor and Council; or, in case the Mayor and Council fail or refuse to order such election for thirty days after such vacancy occurs, it may be ordered by any Justice of the Peace residing in said city upon proper showing made to him under oath. Ten days' notice shall be given of all such special elections by posting notices in at least three conspicuous places in said city, and by

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advertising the same at least three times in any daily paper having general circulation in West End. Said special election shall be conducted and managed in the same manner as hereinbefore provided for. Vacancies. Notice of elections. SEC. IX. Elections in said city shall be held annually. At the next annual election as now provided for by law, and biennially thereafter, a Mayor shall be elected, who shall hold said office for two years, or until his successor shall have been elected and qualified. At the same time two Councilmen shall be elected, and at the next annual election thereafter, three Councilmen shall be elected, and so ontwo Councilmen being elected at the same time with the Mayor, and three Councilmen the following year, so that one-half the Board of Mayor and Council shall go out of office every year. Annual elections. Term of office. SEC. X. The Mayor shall be the Chief Executive of said city. He shall, before entering on his duties as such Mayor, take an oath to faithfully discharge the duties required of him by law, or the ordinances of the city. He shall see that all laws and ordinances of said city are faithfully executed; shall examine, audit and approve all accounts against the city before payment; shall have power to convene the Council whenever, in his judgment, it may be necessary; shall have a salary, which shall be fixed by the Mayor and Council before his term of office begins, and which shall not be changed during his term of office. He shall preside at all meetings of the Council, or in his absence a member of the Council shall be chosen to preside for the occasion. The Mayor or presiding officer shall have no vote at meetings of the Council, except in case of a tie. Duties of the Mayor. His vote. SEC. XI. The Mayor, or in his absence any member of the Council, shall have power and authority to hold a Mayor's Court for the trial of offenders against the laws and ordinances of said city, and impose such penalties as may be prescribed by ordinance, not exceeding a fine of five hundred dollars or labor on the public works not exceeding ninety days, or by fine and imprisonment or fine and labor on the public works. Any person being dissatisfied with the decision of said court shall have the right to appeal to the full Board of Mayor and Council by paying costs and giving sufficient security for their appearance and the eventual condemnation money, or by appealing in forma pauperis, as provided by the laws of the State of Georgia in such cases, which appeal shall be entered within four days, and shall operate as a supercedeas of the execution till the case is disposed of, which shall be at the next succeeding meeting of the Council, unless continued upon legal showing. Mayor's court. Appeals.

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SEC. XII. The Mayor shall be, to all intents and purposes, a Justice of the Peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by the Marshal or any policeman of said city, and commit offenders to the jail of the County of Fulton or admit them to bail for their appearance at the next Superior Court thereafter for the County of Fulton, and it shall be the duty of the jailer of said county to receive all such persons so committed and safely to keep the same until discharged by due course of law. Authority to Act as Justice of the Peace. SEC. XIII. The said Mayor shall have the revision of all ordinances, orders or resolutions passed by the Council. He shall have four days after the same has been passed by the Council in which to file in writing with the Clerk of Council his dissent; but the Council at the next meeting thereafter shall have power to pass such ordinance, order or resolution, notwithstanding such veto, by a two-thirds vote, to be taken by yeas and nays, and entered upon the minutes. Mayor's veto. SEC. XIV. Each Councilman shall, before entering upon his duties, take an oath faithfully and to the utmost of his ability to discharge the duties of his office during his continuance therein. Oath of office. SEC. XV. Each Councilman shall have such compensation for his services as shall have been fixed by the Mayor and Council before his term of office begins, which shall not be changed while he continues in the office. Salaries. SEC. XVI. A majority of said Mayor and Council shall be a quorum for the transaction of business, but a less number may adjourn from time to time, and shall have power, and it shall be their duty, to compel the attendance of absentees. Quorum of Council. SEC. XVII. The regular meetings of the Mayor and Council shall be held on the first Monday in each month, at such hour and place as the Council shall agree upon, and may adjourn from day to day, or to any other time as they may see proper. Regular meetings of Council. SEC. XVIII. Each member of the Council shall have the same power and authority conferred on the Mayor, as provided in section 12 of this Act. Powers conferred. SEC. XIX. It shall not be lawful for the Mayor or any member of the Council to be interested, either directly or indirectly, in any contract with the city, or any public work or improvements, or in furnishing supplies of any kind for the use of said city, or in any transaction in any way involving the expenditure of the money of the city. Any violation of this section shall constitute a misdemeanor, and the Mayor or any member of the Council who shall

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be convicted thereof shall be punished as prescribed in section 4310 of the Code of this State. Members of Council prohibited from making contracts with city. SEC. XX. For the purpose of raising money to support and maintain and meet the expenses of said city government, the Mayor and Council shall have power and authority to levy and collect a street tax on all male residents of said city between the ages of 21 and 50 years; and an ad valorem tax on all property, both real and personal, owned, held or possessed in said city, subject to taxation under the laws of this State; said ad valorem tax not to exceed one-half of one per cent. of the value of said property; Provided, that if at any time, for any special purpose, said Mayor and Council shall consider it expedient to levy and collect a greater percentage of tax than one-half of one per cent. upon the property in said city, they may submit the tax rate so desired or proposed (not to exceed one per cent.) to the voters of said city, to be determined by an election held for that purpose, for which election said Mayor and Council shall make provision; and if a majority in number of said voters, who shall also represent a majority in value of the taxable property in the city as assessed and returned, shall by ballot, give their consent to such proposed rate of taxation, the said Mayor and Council shall have power to levy and collect said tax. Street tax. ad valorem tax. Proviso. Extra taxes. SEC. XXI. The Mayor and Council shall provide by ordinance for the assessment of real property, and the return under oath to the Clerk of the Council, of all personal property and the value thereof, and for the levy and collection of the ad valorem tax before mentioned. All assessments on real property shall be uniform, and made at the cash market value. Assessment of property. SEC. XXII. The said Mayor and Council shall have full power and authority to require any person, firm, company or corporation engaged in, prosecuting, or carrying on, or who may engage in, prosecute, or carry on, any trade, business, calling, avocation, or profession, within the corporate limits of said city, to register their names, and business calling, vocation, or profession, annually; and to require such person, company or association, to pay for such registration, and for license to engage in, prosecute, or carry on such business, calling or profession aforesaid, not exceeding twenty-five dollars per annum. They may by ordinance, grant or refuse to grant, license to theatrical companies or performances, or shows, or other exhibitions, pawn-brokers, peddlers and itinerant traders; and the Mayor, or the Mayor and Council shall have power at any time to revoke the license so granted to any person or firm. The prices to be paid for such license shall be fixed by ordinance, to be changed at pleasure. Avocation tax. Special license tax.

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SEC. XXIII. The Mayor and Council shall have power to issue bonds or otherwise contract any debt of said city, not to exceed the constitutional limitation; to supply water, or sewerage, or gas or other method of supplying light for the city and the people thereof; but neither of these measures shall be undertaken without first submitting the same to the voters of the city and obtaining the consent of a majority in number, who must also represent a majority in value of the taxable property in said city, at an election to be held for such purpose, in the manner provided in section 20 of this Act. May issue bonds for water, sewerage or gas. SEC. XXIV. Said Mayor and Council shall have power to adopt measures for the preservation of the health of the people of the city, and the regulation or abatement of butcher or stock pens or yards, slaughter houses, ponds, or for the abatement of nuisances of any kind, and to punish all persons who shall make or permit any nuisance on their premises or within the city; and to make such sanitary and police regulations as they may deem necessary, which do not contravene the legal rights of any person in said city. Abatement of nuisances. SEC. XXV. The Mayor and Council of said city shall have power to establish and maintain public schools, the cost of which to be paid out of the city treasury, as may be prescribed by ordinance. Said public schools shall be free to all the children of school age residing in said city; Provided, that until a public school or schools shall be established by said Mayor and Council, they may appropriate, from year to year, such part of the taxes derived from real estate, not exceeding 50 (fifty) per cent., as they may deem necessary to assist in the support and maintenance of such school as they may select, which furnishes cheap tuition in said city. Public schools. Proviso. SEC. XXVI. The Mayor and Council shall elect, annually, a Clerk, Treasurer, Marshal and Attorney for the city, who shall hold office for one year, or until their successors are elected and qualified, unless removed for cause by the Mayor and Council to be judged of by them; and said Mayor and Council may suspend said officers and appoint others to fill their places temporarily during the investigation of any charges, when they think proper. Said Clerk, Treasurer and Marshal shall give bond for the faithful performance of their duties, said duties and the bonds required to be fixed and judged of by the Mayor and Council. Before entering on their duties they shall take an oath as prescribed for the Mayor and members of Council. The Clerk shall keep such records and perform all such duties as may be required of him, and shall issue all licenses and all fi. fas. for the collection of money on any account whatever, under the direction of the Mayor and Council. The Treasurer shall keep

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such records and perform such duties as may be required of him by the Mayor and Council. The Marshal shall preserve the peace of the city and shall have power to arrest any person who is disorderly or commits any offense against the laws of said city, or any crime; shall levy and collect all fi. fas. issued by the Clerk, and shall advertise and sell property levied on by virtue of any fi. fas. issued; such sale to be advertised once a week for four weeks previous to such sale in some newspaper having general circulation in said city, and by posting notices in at least three conspicuous places in said city; shall make title to purchasers of property so sold, and put them in possession thereof under the rules which govern Sheriffs and their deputies in such cases; shall have all the power of a Sheriff or a Constable in executing the ordinances and judgments of the Mayor and Council and processes of the Clerk; shall immediately turn over all money collected by him to the Treasurer; shall superinted the working of the streets, and shall perform any duties required of him by the Mayor and Council. The Attorney shall take an oath to perform faithfully and to the best of his ability such legal services as may be required of him, and he shall receive such fees or compensation for services as may be prescribed by the Mayor and Council. The Mayor and Council shall also have power to appoint one or more City Physicians, as they may deem necessary for the proper treatment of the poor of the city, under such rules and for such compensation as the said Mayor and Council may prescribe, their compensation to be fixed before entering upon their duties, and not to be changed while they hold said office; their services to be discontinued at any time, as the Mayor and Council may deem advisable. The duties of each of these officers shall be prescribed by ordinance, order or resolution, in the nature thereof. The election of these officers, (except that of City Physician) shall take place at the first meeting of the Mayor and Council in January of each year, or at any subsequent meeting, in case of a failure to elect at that time; and shall hold their offices till the first meeting of said Mayor and Council in January following, or until their successors are elected and qualified. The election of City Physician shall be held at any time said Mayor and Council shall think proper. The Clerk, Treasurer and Marshal shall receive such salaries for their services as the Mayor and Council shall fix before entering upon their duties, which shall neither be increased nor diminished during their term of office. Said Mayor and Council shall have power to appoint policemen should they deem it necessary, either for service on special occasions, or permanently; their compensation to be fixed, and their duties to be

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prescribed, by the Mayor and Council. Such policemen shall have all the power of a Constable, or of the Marshal of said city, in making arrests, or enforcing the ordinances or judgments of the Mayor and Council, and shall perform any service required of them. All officers of the city shall receive a salary or per diem as compensation for services rendered. All fees or fines collected shall be paid into the city treasury; and no officer shall receive any fee or perquisite, or any compensation whatever, except the salary or per diem fixed by the Mayor and Council. The Mayor and Council may, in their discretion, require the same person to discharge the offices of Clerk and Treasurer, or separate the two offices and elect one person to fill each office, whenever they deem it proper. Bonds required of subordinate officers. Their duties. Marshal's duties. His powers. City attorney. City Physician. Electing subordinate officers. Salaries. Police. Fines and fees. SEC. XXVII. The said Mayor and Council shall have full authority and jurisdiction over the streets of the city, as they were located and established before the first Act of it corporation of the town of West End, and shall have power to open any street which may have been unlawfully closed or obstructed, and it shall be their duty to keep open and in reasonably safe and proper condition all streets now lawfully open. They shall have full power and authority, and it is hereby made their duty, to open any street that is encroached upon at the expense of any person or persons encroaching or putting obstacles in or impeding travel over or through any street or alley open to the public with any buildings, fences, posts, steps, landmarks or any impediment, by removing the same, after giving one day's notice to remove or abate such encroachment, impediment or obstruction. Authority to open or close streets. Encroachments. SEC. XXVIII. The Mayor and Council shall have full power to open or lay out new streets and alleys and to widen, straighten or otherwise change any of the streets and alleys in said city. Whenever they exercise this power they shall appoint two freeholders, and the owner or owners of lots bordering or fronting on or through which such new streets or alleys are to be opened, shall select two freeholders, or if such owner or owners refuse or fail to select two freeholders to represent them for five days after being notified to do so, then the Mayor and Council shall have power and authority to select two freeholders to act for them, and the four shall assess the damages sustained or the benefits derived by such owner or owners in consequence of such opening, widening or straightening, or otherwise changing such streets or alleys; and in case the said four freeholders cannot agree, they shall select a fifth freeholder to act with them, and a majority of the five shall determine the award of such assessors. Such freeholders shall be residents of said city. They shall take an oath to faithfully and

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impartially discharge their duty, and shall file their award with the Clerk of the Council, which shall be binding upon both parties; but either party shall have the right of appeal therefrom to the Superior Court of Fulton county within ten days from the rendition of such award, and such award against the owner or owners of such lot or lots, when it becomes final, shall be enforced and collected in the same manner as taxes by execution. Authority to lay out new streets Awards for condemned property. SEC. XXIX. Said Mayor and Council shall have power and authority to order any property owner to put down in front of his property such curbing of sidewalks or such paving of sidewalks or gutters as they may deem proper (notice of which shall be served upon said owner within thirty days from the date of such notice), and upon failure of any property owner to comply with such order within said time, said Mayor and Council may have the same done and collect the expense thereof from such owner, and in case the same is not paid within thirty days after demand, the collection thereof may be enforced by execution against the lands, goods or chattels of such owner. Paving or curbing sidewalks. SEC. XXX. Said Mayor and Council shall have power and authority to establish and carry into effect a system of grading and draining the streets and public alleys as they may deem best, and to make the same permanent. Any person whose property is damaged more than it is benefited by the grading of any street or sidewalk may, upon application to the Clerk of Council, in writing, have the amount of such damage determined by the award of assessors, in the same manner as set forth in section 28 of this Act, at any time within thirty days after such grading shall have been commenced or finished, and both parties shall have the same right of appeal as therein set forth. Any award in such case, when it becomes final, shall be enforced and collected by execution of the same, as provided by law in the case of other executions. After the grade of any street or public alley is once fixed, and the owners of land abutting thereon shall have accepted the same, either in writing or by making improvements thereon, if the Mayor and Council desire to change the same, it shall be done by assessment of freeholders, as provided for opening or otherwise changing streets and alleys, in section 28 of this Act. Authority to grade streets. Damages to property SEC. XXXI. Any person owning land in said city, and desiring to improve the same, shall have the right to require said Mayor and Council to permanently establish the grade of the street or public alley on which his land borders or abuts, by making application, in writing, to said Mayor and Council, and describing the property to be improved; and a copy of the grade bordering

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or abutting on his property shall be furnished him, and he may record the same in the deed records of the Clerk of the Superior Court of Fulton county. When the grade of any street or public alley, or any part thereof, is once established, it shall become a vested right to the owner or owners of any land bordering or abutting on the same, who shall be entitled to recover damages from the city for any injury done to his or their property, should the city thereafter change the grade; the amount of damages to be ascertained and recovered as provided for laying out new streets, or otherwise changing them, in section 28 of this Act. Grade must be permanently established when improvements are made. SEC. XXXII. Whenever said Mayor and Council shall deem it proper to establish a system of sewerage for said city, they shall have full power and authority to locate any sewer in any street or alley in said city, or through the land of any person, as they may deem proper; but the owner or owners of any land/through which a sewer is constructed, which may be injured thereby, shall be entitled to damages, to be ascertained and recovered by assessment, as provided in section 28, of this Act. The cost of constructing all sewers shall be paid by the owners of land in front of or through which the same is constructed, and the entire cost of constructing any sewer shall be assessed upon such land or the owners thereof, and shall be equalized or prorated according to the frontage of land on the street in which, or the land through which it is made, for the entire length of said sewer. The amount thus assessed upon land shall be a lien on the same from the passage of the ordinance providing for the making of such sewer, the collection of which shall be enforced by execution issued by the Clerk of Council. Should the Mayor and Council at any time deem it advisable to supply said city and the people thereof with water, or with gas or other method of furnishing lights for the city and the people thereof, they shall have full power, after having complied with the requirements of section 23 of this Act, to adopt such measures as they may think best for either or both of these purposes, and supply water or lights, or both, to the people, under such rules and regulations, and on such conditions as they may provide by ordinance. Sewerage system. Cost of constructing sewers. Gas and water. SEC. XXXIII. Said Mayor and Council, when they deem it necessary, shall have power and authority to pave any street or public alley in said city with such material and in such manner as they may direct; the city to sustain one-third of the expense for such work, excepting that to be paid by the street car companies, as provided for herein, and the remaining two-thirds to be done at the expense of the owners of land bordering or abutting on the same, by assessment thereon according to the frontage thereof; the

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collection of such assessment to be enforced by execution as hereinbefore provided. Any street railroad running in said city shall be required to pave the width of their track and three feet on each side thereof, as the city may direct; and in case of failure to do such work for thirty days after serving the agent or other person in charge of said road with notice of such requirement, the Mayor and Council shall do the work and collect the cost thereof from such street railroad by execution, as hereinbefore provided. May pave its streets. How paid for. SEC. XXXIV. All warrants, summonses, receipts, executions or other processes shall be issued by the Clerk of the Council, directed to the Marshal of the city. Processes. SEC. XXXV. The Mayor and Council shall not be liable to pay any insolvent executions or costs except upon such terms and regulations as they may prescribe. Insolvent costs. SEC. XXXVI. The Mayor and Council shall have full power and authority to compel the attendance of parties and witnesses at the Mayor's Court and meetings of the Mayor and Council, and for this purpose may take such bonds and such security as they may require, and to forfeit and collect bonds by judgment, execution and sale, the same as the Superior Courts of this State, and shall provide for the same by ordinance. Appearance bonds SEC. XXXVII. Said Mayor and Council shall establish a bill of fees and eosts not higher than the fees and costs allowed county officers, nor lower than those allowed Justices of the Peace and Constables in the State. Fees and costs SEC. XXXVIII. The said Mayor and Council shall have the sole right to try all impeachments. When sitting for this purpose they shall be under oath or affirmation. When the Mayor is tried, the Judge of the City Court of Atlanta, or any Judge of the Superior Court in this State shall preside, and no person shall be, convicted without the concurrence of two-thirds of the members present, and judgment shall not extend further than removal from and disqualification to hold any office of honor, trust or profit in the city of West End; but any party so convicted shall be liable to indictment and trial, and upon conviction shall be punished as prescribed by law. Impeachments. SEC. XXXIX. Any officer of said city who may be sued or prosecuted for any act done in his official capacity, may justify under this charter. Charter protects. SEC. XL. The Mayor and Council are hereby authorized to farm out persons sentenced to imprisonment for violation of any ordinance of said city upon the same conditions as Ordinaries of this State are authorized to farm out convicts. City officers may farm out convicts.

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SEC. XLI. Said Mayor and Council shall have full power and authority to condemn and take either real or personal property for public use, when the same is necessary to carry out any of the objects of this charter, or any future amendments thereof. This power shall be exercised in the same manner as provided in section 28 of this Act. Authority to condemn property. SEC. XLII. Said Mayor and Council shall have power, by ordinance, to appropriate money for the relief of the poor and for charitable purposes, as they may deem proper. Charity. SEC. XLIII. The manufacture or sale of any spirituous, malt or intoxicating liquors of any kind in said city of West End, or within two miles of its corporate limits, outside of Atlanta, and outside of the military post at McPherson Barracks, is hereby prohibited; and any person violating this provision may be tried before the Mayor's Court of said city, and shall be punished as preseribed in section 11 of this Act; but this provision shall not prohibit the manufacture of domestic wine from grapes or berries for family use; Provided, it is not sold or offered for sale in said city. Prohibits sale of spirituous liquors. SEC. XLIV. All laws heretofore enacted concerning the town of West End, not inconsistent with this Act, shall remain and continue of force. Existing laws remain in force. SEC. XLV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 1, 1889. AMENDING CHARTER OF AUGUSTA. No. 523. An Act to amend the Act of December 24, 1835, amending the charter of the city of Augusta. 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 of December 24th, 1835, amending the charter of the city of Augusta, be, and the same is hereby amended, by striking therefrom the sixth section thereof, which reads in the following words, viz: Sec. 6. And be it further enacted by the authority aforesaid, That from and after the second Monday in April next, the Mayor and six members of

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Council, or, in the absence of the Mayor, seven members of Council, shall be a quorum for the transaction of business, except during the months of July, August, September and October, when any five members, or the Mayor and any four members, shall be a quorum. Amends original charter. Quorum. 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 November 4, 1889. AUTHORIZING MUNICIPAL COURTS OF ATHENS TO IMPOSE FINES. No. 538. An Act to authorize the Municipal Courts of the city of Athens to impose fines to the amount of two hundred dollars, or to imprison or to sentence to work on the streets or other works of said city for the term of six months, for the violation of the ordinances of said city; to authorize the authorities of said city to make rules and regulations for the government of persons so sentenced to work upon the streets or other works of said city, and to enforce the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the court authorized to be held by the Mayor of the city of Athens shall have power to impose the following penalties upon persons convicted in said court of a violation of the ordinances of said city, that is to say: Fines not exceeding two hundred dollars, imprisonment not exceeding six months, or work on the streets or other works of said city for a term not exceeding six months, and any one or more of these punishments in the discretion of the court. Appeals from said court to the Council shall still be allowed under existing rules governing such appeals, provided the appellant shall give a bond with security in the sum of not more than two hundred dollars, conditioned for his appearance before the Council, which bond may be forfeited for non-appearance. All applications for the writ of certiorari to review the judgments either of the Mayor's Court or of the Council on appeal shall be made to and sanctioned by the Judge of the Superior Court and filed in ten days after the decision and not afterwards. In all other respects, except as to the time in which such application

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shall be made, they shall be governed by the same rules and regulations as control applications for certiorari from a Justice's Court. Limit of fines. Appeals. SEC. II. Be it further enacted, That the Mayor and Council of the city of Athens shall have power to organize one or more work gangs and to confine at labor therein persons who have been sentenced by the courts of said city to work upon the streets or other works of said city, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline and control of such work gangs, and to enforce the same through its proper officers. May organize work gangs. 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 November 4, 1889. AMENDING CHARTER OF HARTWELL. No. 540. An Act to amend an Act entitled An Act incorporating the town of Hartwell, in Hart county, approved February 26, 1856, so that the municipal authorities of said town shall be composed of five Aldermen, and to provide for the election and succession of said officers, and to define their powers, duties and jurisdiction; to give them power over streets, sidewalks, roads, markets and cemetery; to protect person and property; to provide a revenue for the town; provide annual assessments, levy and collect taxes; to make and pass all needful ordinances, rules and regulations, not contrary to the Constitution and laws of the State; to abate nuisances; and to regulate the keeping of billiard and pool tables, and ten-pin alleys; to impose fines and imprisoment; to collect by execution; to provide for and establish a street chaingang, in which to work offenders against the laws and ordinances of said town, 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 that the charter of the town of Hartwell, the caption of which is as above recited, the same being approved February 26, 1856, be, and the same is hereby, amended as follows. Amends original charter.

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SEC. II. That the municipal authorities of the town of Hartwell shall be five Aldermen, who shall form a common Council, and no person shall be eligible to the office of Alderman unless at the time of his election he resides within the corporate limits of said town, and is a citizen of said town, and is at least twenty-one years old; that the said Board of Aldermen shall be a body politic and corporate by the name of the town of Hartwell, and shall have perpetual succession, and a common seal, and by that name sue and be sued, plead and be impleaded, purchase and hold real and personal estate necessary to enable them to better discharge their duties and needful for the good order, government and welfare of said town. All the corporate powers of said corporation shall be exercised by said Council, or under their authority, except as hereinafter provided by law and this Act. Name. Corporate powers. SEC. III. The Board of Aldermen immediately after their installment into office shall elect one of their members President of said Board of Aldermen, who shall be ex-officio Mayor of said town of Hartwell. Said President of the Board of Aldermen and ex-officio Mayor shall take care that the order, by-laws, ordinances and resolutions of the Board of Aldermen are faithfully executed. He shall have power to cause the arrest of all offenders against the ordinances, orders and by-laws of said town. He shall have power to try all offenders against the ordinances, orders and by-laws of said town, except in the case when the offender or offenders demand a trial before a quorum of the Board of Aldermen, in which case the right of trial before a quorum of the Board of Aldermen shall be granted such offender or offenders. He shall have power to punish for contempt, by fine or imprisonment, such fine not to exceed ten dollars, and such imprisonment not to exceed ten days. He shall have control of the police of said town, and may appoint special police officers whenever he deems it necessary. It shall be especially his duty to see that the peace and good order of the town are preserved, and that persons and property are protected, and to this end he may cause the arrest and detention of all violators and disorderly persons in said town. He shall have power to issue executions for all fines and penalties imposed by him or the Board of Aldermen, and against all defaulting tax payers. In the absence or inability of the President of the Board of Aldermen and ex-officio Mayor on any account, the Board of Aldermen shall elect one of its members to act pro tem., who shall perform all the duties, and be vested with all the powers given the President of the Board of Aldermen and ex-officio Mayor. The Board of Aldermen shall also elect a Treasurer, who shall also, in addition to the duties of Treasurer,

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perform the duties of secretary of said board. The Board of Aldermen shall also elect a Marshal for the town, if they deem it necessary. President of Board of Aldermen. His powers President pro tem. Treasurer. SEC. IV. The Treasurer and Marshal shall each when elected, enter into bond with sufficient sureties approved by the President of the Board of Aldermen and ex-officio Mayor, in such penalty as the Board of Aldermen may prescribe, payable to the corporation conditioned faithfully to collect and pay over as required by the Council, all taxes, fines, forfeitures, and all other incomes of said corporation. And said officers shall hold their offices during the pleasure of the Board of Aldermen, and shall perform the duties respectively as prescribed by law, or as may be required by the Board of Aldermen. Bond of Treasurer. Term of office. SEC. V. Be it further enacted, That the President of the Board of Aldermen and ex-officio Mayor and Aldermen shall hold their offices for one year and until their successors are elected and qualified. Term of office. SEC. VI. The first election for Aldermen under this Act shall be held on the first Monday in December, 1889, and each subsequent annual election thereafter shall be held on the first Monday in December. Said election shall be held by three freeholders of said town, and to be evidenced by the certificates of said managers. Said certificates to be entered on the records of said town. Said managers before entering upon their duties of managers of said election shall take the following prescribed oath before some officer authorized to administer by law, viz: I do solemnly swear that I will faithfully perform all legal duties required of me as superintendent of this election to the best of my knowledge and belief. And every person elected or appointed to an office in said corporation shall, within twenty days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe an oath to faithfully perform the duties of his office, which may be done before any person lawfully authorized to administer an oath, or the President of the Board of Aldermen, which oath with the certificate of the officer administering the same, shall be entered on the record of the minutes of said town. Annual elections. Oath of office. SEC. VII. Be it further enacted, That if, from any cause, the annual election, as heretofore provided for, shall not be held at the time prescribed, the Board of Aldermen shall give five days' notice to the inhabitants of said town that an election shall be held on the day specified in said notice for Aldermen; said notice to be published in a newspaper published in said town, or posted at the court house door in said town, or two other public places in said

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town; said election to be held under the same rules and regulations as heretofore prescribed for regular elections. Manner of Advertising elections. SEC. VIII. Be it further enacted, That all persons who have been bona fide residents of said town for six months next preceding a charter election held therein, and who are qualified voters under the Constitution and laws of this State, and none others, shall be allowed to vote in any charter election of said town. Qualified voters. SEC. IX. Be it further enacted, When any vacancy shall occur from any cause in the Board of Aldermen, the same shall be filled by an election; said election to be held under the same rules and regulations as prescribed in section 7 of this Act. Vacancies. SEC. X. The Board of Aldermen shall be presided over by the President of the Board of Aldermen; in his absence the President pro tem. shall preside. President pro tem. SEC. XI. Be it further enacted, That the Marshal of said town shall have the same power and authority to execute all executions and fi. fas. issued by the President of the Board of Aldermen as Constables have in executing Justice Court executions and fi. fas. Powers of Marshal. SEC. XII. Be it further enacted, That the President of the Board of Aldermen and ex-officio Mayor, and the Marshal and Treasurer shall receive such compensation as shall be fixed by the Board of Aldermen. The Treasurer shall be ex-officio Secretary of the Board of Aldermen, and shall keep a well bound book in which he shall record the proceedings of the courts and Councils. Salaries. Secretary. SEC. XIII. Be it further enacted, That said Board of Aldermen shall have power to levy and collect a tax under such rules and regulations as it may adopt upon all personal and real property subject to county and State tax within the limits of said town, when in said Board's opinion the revenues otherwise raised are deemed insufficient to defray the necessary expenses of said town; said tax so raised shall be a supplement to the revenue otherwise provided for to defray the necessary expenses of the town: Provided, the tax so levied shall not exceed twenty-five cents on every one hundred dollars' value of said property. Taxes. Proviso. SEC. XIV. Be it further enacted, That all persons liable to road duty by the laws of this State who reside within the corporate limits of said town shall be compelled to work the streets and public square of said town, not exceeding ten days in each year, and such persons shall be exempt from all other road duty; Provided, any person shall be relieved from said street duty by paying to the Treasurer of said Board of Aldermen the sum of two dollars; and it shall be the duty of the Marshal to notify every person subject to street duty one day beforehand of the time and place of working

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the streets, and every person receiving such notice and failing to appear, such person shall be liable to a fine of one dollar for every day he fails to work. Street tax. Commutation tax. SEC. XV. Be it further enacted, That the Board of Aldermen of said town shall have power to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to plant out and protect shade trees on the streets; to establish and regulate a market; to prevent injury and annoyances to the public or individuals from anything dangerous, offensive or unwholesome; to prevent animals and fowls of all kinds from running at large; to protect places of divine worship and other assemblies for literary and benevolent purposes; to provide in or near the town places for the burial of the dead, and to regulate interments therein; to abate or cause to be abated anything which, in the opinion of the majority of the Board of Aldermen, shall be thought a nuisance; to regulate the keeping of gunpowder and other combustibles; to make regulations against danger and damage by fire; to provide for the forfeiture and collection of appearance bonds; to protect the health, property and persons of the citizens of the town, and to preserve peace and good order in the town; to define the powers and prescribe the duties of the officers elected by the Board of Aldermen; to make and pass all needful orders, by-laws, ordinances, resolutions and regulations for the good order and peace of said town that are not in conflict with the Constitution and laws of the State; and to prescribe and impose reasonable fines for the violation of all ordinances, not exceeding one hundred dollars or thirty days' imprisonment in the calaboose or other place of imprisonment of said town, or, as an alternative of failure or refusal to pay the fine imposed, to require labor in a work or street chain-gang for a term not exceeding thirty days, which work or street chaingang the Board of Aldermen are authorized to establish. Corporate powers of the Board of Aldermen. SEC. XVI. Be it further enacted, Whenever anything for which the State license is required is to be done within said town, the Board of Aldermen may require a town license therefor, and may impose a tax thereon for the use of said town in addition to the other taxes provided for in this Act. The Board of Aldermen shall

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have power to levy a tax on all billiard tables, pool tables, and on all other games of chance; also on all shows which may exhibit in said town; also upon all vendors of such drinks as hop soda, rice beer, ginger ale and all other drinks of like kind, or any intoxicating beer. The Board of Aldermen shall have power to pass all ordinances to carry into effect the provisions of this section. Special tax SEC. XVII. Be it further enacted, That in addition to the duties of the Marshal elsewhere set forth in this Act, it shall be his duty to arrest all violators of the ordinances, orders and by-laws of said town, and to convey them before the President of the Board of Aldermen to be tried. It shall not be necessary to issue a warrant against any such offender, but he shall be tried upon a written accusation which shall state the case and name the charge against the offender. Authority of the Marshal. SEC. XVIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889. AMENDING CHARTER OF MONROE. No. 543. An Act to amend the charter of the town of Monroe, in the county of Walton, by the adoption of the following sections of the Code of Georgia of 1882, to-wit: Section 786, as to powers and duties of the Council; section 786 (a), as to organization of chaingangs; section 786 (b), as to forfeiture of bonds; section 786 (c), as to binding over or commitment of offenders; section 787, as to manner, amount and subjects of taxation; section 788, as to working of streets; section 789, as to licenses; section 790, as to Marshal's duty; and section 791, as to enforcement of liens for taxes, and to allow the Council to fix and require any amount as a tax or license for the sale in any manner of spirituous, vinous or malt liquors within the corporate limits of said town. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the charter of the town of Monroe, in the county of Walton, shall be amended by adopting as a part of said charter, and by engrafting upon the same, the following sections of the Code of Georgia, of 1882, which sections

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read as hereinafter set forth, to-wit: Section 786. Powers and duties of the Council. (The Council of such town or village shall have power therein to lay off, vacate, close, open, alter, curb, pave, and keep in good order and repair roads, streets, alleys. sidewalks, cross-walks, drains and gutters, for the use of the public, or of any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width of the sidewalks or the streets, and to order the sidewalks, foot-ways, cross-walks, drains and gutters, to be curbed and paved, and kept in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate market; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep and other animals, and fowls of all kinds, from going at large in such town or village; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of the majority of the whole Council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide, in or near the town or village, places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and person of the citizens of such town or village, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the Marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the Council, fix their term of service and compensation, require and take from them bonds, when deemed necessary, payable to such town in its corporate name, with such sureties and in such penalty as the Council may see fit, conditioned for the faithful discharge of their duties; to erect, or authorize or prohibit the erection of, gas works or water works in the town; to prevent injury to or pollution of the same, or to the water or healthfulness of the town; to regulate and provide for the weighing of hay, coal and other articles sold or for sale in the town, and to provide a revenue for the town, and appropriate the same to its expenses; to provide for the annual assessment of taxable property therein, and to adopt rules for the regulation and government of its own body. To carry into effect these enumerated powers, and all others conferred upon

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such town or village, or its Council by this charter, or by any future Act of the Legislature of the State, the Council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the Constitution and laws of this State, and to prescribe, impose, and enact such reasonable fines, penalties, and imprisonments in the county jail or the place of imprisonment in said incorporation, if there be one, for a term not exceeding thirty days for the violation thereof, (m). Section 786 (a). May organize chain-gangs. As additions to powers existing under present laws, the right and power to organize work gangs or other means of confinement, and to confine at labor therein, for a term not exceeding thirty days, persons convicted of violating the ordinances of such towns and villages, are hereby conferred on the incorporated towns and villages of this State, or their respective authorities; Provided, that said penalty shall be inflicted only as an alternative of failure or refusal to pay fines imposed for such violations. Section 786 (b). May provide for forfeiture of bonds. Any municipal corporation in this State shall have full power and authority to provide by ordinance for the forfeiture of bonds given by offenders for their appearance before municipal courts, and to fully provide for the collection of the same from the principals and sureties to such bonds by judgment, execution and sale. Section 786 (c). May bind over, or commit offenders. Any Mayor, Recorder, or other proper officer, presiding in any municipal court in this State, shall have authority to bind over, or commit to jail, offenders against any criminal law of this State, whenever, in the course of an investigation before such officer, a proper case therefor shall be made out by the evidence. Section 787. Taxes on what and how levied. (The Council shall cause to be annually made up and entered upon its journal, an accurate estimate of all sums which are, or may be lawfully chargeable on such town or village, and which ought to be paid within one year, and it shall order a levy of so much as may, in its opinion, be necessary to pay the same. The levy so ordered shall be upon all dogs in the said town or village, and upon all the real and personal estate therein, subject to the State and county tax; Provided, that the tax so levied shall not exceed one dollar on every hundred dollars of the value thereof), (n). Section 788. Streets, by whom and how worked. (Every male resident of said town or village, not under sixteen nor over fifty years of age, shall, if required by the Council thereof, work not exceeding fifteen days annually, by himself or an accepted substitute, on the roads, streets and alleys of said town or village under the direction of the superintendent of roads, streets and alleys, or may

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be released from such work upon the payment to the superintendent or Council of such amounts as may be fixed by the Council, the money so paid to be used in the improvement of said roads, streets and alleys, and if said work and money so paid is not sufficient to put and keep the roads, streets and alleys, sidewalks, cross-walks, drains and gutters of such town or village in good repair, the Council thereof shall levy a tax on all the subjects of taxation therein sufficient for that purpose and to pay all other expenses incident thereto. And the municipal authorities of any corporated city in this State are hereby authorized to permit the enclosure of any lane or alley or portion of lane or alley in such city, when the owners of the lots abutting on such lane or alley or portion of the lane or alley sought to be secluded and the owners of any other lots to the enjoyment of which access through said lane or alley is necessary, consent; Provided, that said municipal authorities may have the right at any time to reopen said lane or alley.) (o.) Section 789. Licenses. (Whenever anything, for which State license is required, is to be done within such town or village, the Council may require a town or village license therefor, and may impose a tax thereon for the use of the town or village, and may also require a bond with sureties, conditioned as prescribed in section 779, payable to such town or village in such penalty as it may think proper, and may revoke such license at any time if the condition of such bond be broken. And they shall have power to license and regulate the management of bar-rooms, saloons, hotels and private boarding houses, livery stables, and private and public transportation through the town or village, and, in addition to the ad valorem tax provided for by law, to levy a tax on all billiard tables, ten pin or nine pin alleys, and tables and alleys of any other kind used for the purpose of playing on with pins or balls, or both, within such town or village. They shall also have power to tax all shows taxed by the laws of this State, which may exhibit within such town or village, which tax may be collected, if not voluntarily paid, by execution and levy and sale, as provided for the collection of taxes under the general law prescribing the mode of incorporating towns and village; and said Council shall have full power to pass all ordinances necessary to carry into effect the provisions of this section). (p.) Section 790. Marshal's duty. (It shall be the duty of the Marshal to collect the town or village taxes, fines, levies and assessments, and in case the same are not paid within one month after they are placed in his hands for collection, the Council shall issue execution therefor, and the Marshal may levy and sell therefor, in like manner and under the same regulations

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as the officers of the State are now authorized to levy and sell under other executions). (q.) Section 791. Lien for taxes. How enforced. (There shall be a lien on real estate within such town or village, for the town or village taxes assessed thereon, and for all other fines and penalties assessed or imposed upon the owners thereof, by the authorities of such town or village, from the time the same are assessed or imposed, which shall have a priority over all other liens, except the lien due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes, or in such other manner as the Council may be ordinance prescribe). (v.) Original charter amended. Powers and duties of the Council. Abatement of nuisances. Police. Gas and water. Rules and ordinances Chain gang Proviso. Forfeiture of bonds. Authority to commit offenders. Taxes. Proviso. Streetswhen and by whom worked. Authority to open or close streets. Proviso. Special license. Ad valorem tax. Executions SEC. II. Be it further enacted by the authority aforesaid, That said charter be further amended by conferring upon the Council of said town of Monroe the power and authority to fix and require any amount not less than two hundred and fifty dollars and not more than three hundred dollars, in the discretion of said Council, as a tax or license for the sale, in any manner, of spirituous, vinous or malt liquors within the corporate limits of said town. Liquor license. 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 November 4, 1888. AUTHORIZING MAYOR AND ALDERMEN OF MILLEDGEVILLE TO ISSUE BONDS. No. 545. An Act to authorize the Mayor and Aldermen of the city of Milledgeville to issue and sell bonds, not exceeding fifty thousand dollars in the aggregate, for the purpose of building better sewerage and other public improvements in said city, and to authorize the said Mayor and Council to levy and collect a tax on the taxable property within the limits of said city; to redeem said bonds, and to pay the interest that may accrue thereon. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Aldermen of the city of Milledgeville be, and they are hereby, authorized and empowered to issue bonds, not to exceed in the aggregate fifty thousand dollars, of such denomination as the said Mayor and Aldermen may determine,

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to be due and payable at any time within thirty years after issue, as they, the said Mayor and Aldermen, may determine. The said bonds, when so issued, shall bear interest at six per cent. per annum. Authority to issue bonds. SEC. II. Be it further enacted, That it shall be the duty of the said Mayor and Aldermen, and they are hereby empowered, to assess and collect a tax upon the taxable property within the corporate limits of said city, sufficient to pay off said bonds, principal and interest, within thirty years, as they may become due, as provided in section 1 of this Act. Said bonds, or so much of them as may be necessary for the purposes for which they may be issued, shall be signed by the Mayor and Clerk of Council of said city of Milledgeville, and shall be sold in such manner as said Mayor and Aldermen may determine to be for the best interest of said city. Tax assessments to meet bonds SEC. III. Be it further enacted, That after the said bonds shall have been issued and sold as herein provided by this Act, it shall be the duty of the said Mayor and Aldermen to apply the proceeds from the sale of said bonds to the building of a better system of sewerage and drainage, as well as to making other public improvements of a substantial character in said city, as said Mayor and Aldermen in their discretion may deem best for the health and public interests of said city. Sewerage and drainage. SEC. IV. Be it further enacted, That after the passage of this Act the Mayor and Aldermen of said city shall submit the question of issuing said bonds to an election, to be voted upon by the qualified voters of said city, on a day to be fixed by the said Mayor and Aldermen. Notice of said election shall be given by advertising the same thirty days before the election in the paper in which the legal advertising of Baldwin county is done; said election to be held in the same manner and under the same rules prescribed by law for holding elections for members of the General Assembly of the State of Georgia, unless otherwise provided in this Act, should the assent of two-thirds ([frac23]) of such qualified voters voting at said election be received thereto, the provisions of this Act shall obtain and be of full force and effect, and said bonds shall be issued in pursuance thereto. Question of issuing bonds to be submitted to the people. SEC. V. Be it further enacted, That those who favor the issue and sale of said bonds, as set forth in this Act, shall have written or printed upon their ballot For Bonds, and those who are opposed to the issue and sale of said bonds, as set forth in this Act, shall have written or printed on their ballot Against Bonds. Ballots. 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 November 4, 1889.

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NEW CHARTER FOR BUCHANAN. No. 567. An Act to repeal an Act to supersede an Act entitled an Act to incorporate the town of Buchanan, in the county of Haralson; to appoint commissioners for the same, and for other purposes, approved December 22d, 1857, to provide for a Mayor and Council for said town; to authorize the Mayor and Council to levy and collect a special license tax from each firm or dealer in spirituous and intoxicating liquors in said town; to levy a tax on all of the property in said town subject to State tax; to extend the corporate limits of the same; to define the powers and duties of the Mayor and Council, and for other purposes, approved September 20, 1881; to re-incorporate said town and adopt a new charter for the same; to provide for the time and manner of electing and appointing all municipal officers of said town; to empower the Mayor and Council to levy and collect a tax from the property in said town; to license and collect a special tax from all persons, firms or corporations following or carrying on any profession, trade, business, calling or avocation in said town; to regulate or prohibit the sale of spirituous and intoxicating liquors and license the same, and to impose penalties for selling the same without a license; to provide penalties for violation of all ordinances of said town; to define the limits of said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act approved September 20th, 1881, entitled an Act to supersede an Act entitled an Act to incorporate the town of Buchanan, in the county of Haralson; to appoint commissioners for the same, and for other purposes, approved December 22d, 1857; to provide for a Mayor and Council for said town; to authorize the Mayor and Council to levy and collect a special license tax from each firm or dealer in spirituous and intoxicating liquors in said town; to levy a tax on all the property in said town subject to State tax; to extend the corporate limits of the same; to define the powers and duties of the May or and Council, and for other purposes, be, and the same is hereby repealed. Repeals original charter. SEC. II. Be it further enacted, That said town be, and it is hereby re-incorporated, and the inhabitants of the territory hereinafter designated are made a body politic and corporate, under and by the name and style of the town of Buchanan, with power to

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govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with the Constitution and laws of the State, or of the United States, with power in and by said corporate name to contract and be contracted with, to sue and be sued, plead and be impleaded, in all the courts of this State; to purchase, hold, receive, possess and retain for the use and benefit of said town of Buchanan, in perpetuity as for any term of years, any estate or estates, real or personal, within the limits or without the limits of said town for corporate purposes. Buchanan re-incorporated. General powers. SEC. III. Be it further enacted, That the government of said town shall be vested in a Mayor and four Councilmen, that M. J. Head be, and he is hereby, appointed Mayor, and J. Williams, T. P. Moore, Isaac Weathersby, and R. E. Loveless be, and they are hereby, appointed Councilmen of said town of Buchanan, to hold their office until the first election, as hereinafter provided, and until their successors are elected and qualified. Provisional municipal government. SEC. IV. Be it further enacted, That on the first Saturday in January, 1890, and annually thereafter on the same day, an election shall be held between the hours of seven o'clock a. m. and four o'clock p. m. in said town for a Mayor and four Councilmen, who shall hold their office for the term of one year, and until their successors are elected and qualified, and no person shall vote for or be eligible to the office of Mayor or Councilmen of said town who is not qualified to vote for members of the General Assembly of this State. Annual elections. SEC. V. Be it further enacted, That the corporate limits of the town of Buchanan shall extend five-eighths of one mile in every direction from the court house in said town. Corporate limits. SEC. VI. Be it further enacted, That the Mayor and Council of said town shall have special power and authority therein to lay off, vacate, close, open, alter, widen, curb, pave, and keep in good order and repair, streets, corners, alleys, lanes, sidewalks, crosswalks, drains, sewers, and gutters for the use of the public or any citizen of said town, and to improve and light the same, and have them kept free from any obstructions of any kind; to regulate the width of the sidewalks and crosswalks in the streets, and order the sidewalks and footways to be curbed and paved and kept in good order, free from obstructions and clear, by the owners and occupants thereof, or of the real property next adjoining thereto; and if such owner or occupant thereof shall fail or refuse to so curb, pave, remove obstructions, or clear such sidewalks when so ordered. the Mayor and Council shall have the same done, and the cost of the same, when done, shall be a lien on such adjacent property, and the sum shall

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be collected by execution, to be levied on such property, which shall be sold under same rules and regulations as govern other Marshal's sales in said town; to establish and regulate markets, to prescribe the time for holding same; to prevent injuary or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep, horses and other animals, and fowls of all kinds, from going at large in said town, or prescribed territory therein; to protect places of divine worship; to abate or cause to be abated anything which, in the opinion of the Council, is a nuisance; to regulate the keeping of gunpowder and all other combustibles; to regulate the running and management of steam engines; to limit and regulate the speed at which any animal or any and all sorts of vehicles, however drawn or propelled, may traverse or cross any streets, avenues, alley, lane or road; to provide, lay out, improve and maintain public parks or pleasure grounds; to make regulations for guarding against danger and damage by fire; to protect the property and persons of the citizens and all other persons in said town, and preserve peace and good order therein, and to appoint, when necessary, any number of extra or special Marshals to assist the Marshal or other officers in the discharge of any duty required of him by the ordinances of said town; to prescribe the powers and define the duties of all officers appointed by the Mayor and Council, fix their term of service and compensation, require and take from them bonds when necessary, payable to said town in itscorporate name, with such securities and in such penalties as said Mayor and Council may see proper, for the faithful discharge of such duties as may be required of them. Corporate powers. Stock and cattle running at large. Nuisances. Marshals. SEC. VII. Be it further enacted, That the Mayor and Council of said town shall have authority to grant licenses to public wagons, drays, carts, trucks and other vehicles conveying persons or property for hire in said town, and to prescribe fees for said license, and to levy and collect a special tax from any person, firm or corporation following or carrying on any profession, business, trade or avocation in said town. Special license. SEC. VIII. Be it further enacted, That said Mayor and Council shall have power to levy and collect, by execution or other legal process, a tax upon all property, both real and personal, within the corporate limits of said town, and upon all banking and insurance and other capital employed therein, including all cash, notes, mortgages and other evidences of debt, held in said town: Provided, that the rate of tax hereby authorized shall not exceed one per cent. upon the assessed value of such property; said Mayor and

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Councill shall have power to levy and collect a special tax upon all shows and exhibitions, keepers of pool and billiard tables and all other like tables, ten pin alleys and all other tables, alleys or places kept for the purpose of playing on or renting. Property tax. Proviso. SEC. IX. Be it further enacted, That it shall be the duty of the Mayor and Council of said town, on or before the first day of February, 1890, and annually thereafter, on or by the first day of February, to appoint three upright, discreet and intelligent free-holders of said town to serve as a Board of Tax Assessors for said town for the term of one year, and hold until their successors are appointed and qualified; and if, from any cause, the place of any one or more of said Board of Assessors is made vacant, said Mayor and Council shall cause the same to be supplied by appointment as before provided; and before entering on the discharge of their duties, said Board of Assessors shall each take and subscribe an oath to faithfully and impartially report all real estate in said town subject to taxation, and assess the same at the reasonable and just value thereof. It shall be the duty of said assessors, between the first days of April and July of each year, to make out a complete list of all lots in said town, as shown by the plat thereof, and all real estate in said town not divided into lots, and to assess for taxation each lot and parcel of land at its reasonable and just value. The list so made out shall show the name of the owner, if known, and his residence, the number of the block and the number of the lot, if platted and numbered; if not, then such description given as is necessary to locate the property, opposite which description shall be set its value assessed by said board. It shall be the duty of all owners of taxable personal property and other subjects of taxation, as provided in this charter, to make, by themselves or agents, returns under oath to the Tax Assessors of said town of all their personal property at its reasonable and just value. Such returns shall be made between the first days of April and July in each year; and if any person shall fail or refuse to make such return by the first day of July in any year, the Board of Tax Assessors shall assess the personal property of the person so failing to make returns at double the value of such property; and if any person shall make any returns of personal property which the assessors may deem incorrect, then said Board of Assessors shall assess such personal property and fix such value upon it as they may deem reasonable and just. If the owner of any real or personal property conceives that said Assessors have placed too great a value on such property, such owner or his agent may appeal such assessment to the Mayor and Council of said town, who shall assess

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said property at its just and reasonable value, and the action of said Mayor and Council shall be final in the premises; and if any taxpayer in said town shall think that said Assessors have placed too low an estimate on any property therein, such person shall have the right to have such assessment revised by said Mayor and Council, whose action shall be final as aforesaid. The list of all real estate assessed as herein provided, and all personal property returned by the owner or assessed as herein provided, shall be completed by said Board of Assessors, and returned by them to the Mayor and Council on or before the first day of August; and within fifteen days thereafter said Mayor and Council shall ascertain and declare the rate to be levied and collected from such assessments and returns, and the tax, so levied, shall be due and payable on the 15th day of October, in the year for which they are levied; and when the taxes so levied are not paid before the 15th day of November, in each year, the same shall be collected as follows: An execution shall be issued by the Clerk of Council, directed to the Marshal of said town, against the real and personal estate of such defaulter, and in case of any real estate, the owner of which is unknown, against the said real property, describing the same by number and location, which execution shall be levied by a Marshal of said town, and after advertising the same once a week for four weeks in some newspaper published in said town, he shall sell the property so levied on before the door of the court house, in said town, on some regular Sheriff's sale day, and within the legal hours of Sheriff's sales, and the deed of said Marshal shall be as effectual to pass the title to property thus sold as the deed of the owner; Provided, that the property thus sold may be redeemed by the owner thereof within six months from such sale, upon such owner paying the purchaser the amount paid out by him in such purchase, together with twenty per cent. interest on the same. The Mayor and Council shall prescribe by ordinance the compensation of such Assessors. Board of Tax Assessors. How tax assessments shall be made. Tax returns. Appeals. Tax executions. How advertised. Proviso. SEC. X. Be it further enacted, That the Mayor and Council, before entering upon the discharge of their duties, shall each take and subscribe an oath to discharge faithfully the duties of their office, and this oath they shall also require to be taken by each person appointed by them. Oath of office. SEC. XI. Be it further enacted, That the Mayor shall be chief executive officer of said town, and it shall be his duty to see that the ordinances, rules, regulations, acts and resolutions of the Council are faithfully executed, and during any absence or disability of the Mayor, the Council shall elect one of their number, who during

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such absence or disability shall act as Mayor pro tem., with all the powers and duties of the Mayor. Mayor chief executive officer. Mayor pro tem. SEC. XII. Be it further enacted, That if the office of Mayor or Councilman shall become vacant at any time more than sixty days previous to a regular election for Mayor and Councilmen, it shal, be the duty of the Mayor, or, in case of a vacancy in the office of Mayor, the remaining Councilmen, to order an election to fill the office or offices so vacant, and if such office or offices shall become vacant in less than sixty days next before such regular election, then such vacant place or places shall be filled by appointment of the members of the Council remaining. To fill vacancies. SEC. XIII. Be it further enacted, That in all elections for Mayor and Councilmen, whether at a regular election or a special election to fill a vacancy as provided in the preceding section, the election shall be managed and presided over by three freeholders of said town, and the persons elected, either Mayor or Councilmen, shall take and subscribe the oath of office herein before prescribed before some officer of this State authorized to administer an oath, and the certificate of such managers shall be sufficient authority to the person elected. Elections. How managed. SEC. XIV. Be it further enacted, That the Mayor of said town shall have jurisdiction to try all persons charged with the violation of any law or ordinance, rule or regulation, and to punish such persons when properly convicted by fine not to exceed one hundred dollars, or by imprisonment in the calaboose of said town not to exceed thirty days, and to work at hard labor on the streets, or such other public works of said town as the Mayor shall adjudge, not to exceed thirty days. Any one, or all the punishments may be inflicted in the discretion of said Mayor or person acting as Mayor in the trial of offenses. Mayor's Court. SEC. XV. Be it further enacted, That if, in the judgment of the Mayor and Council, it shall at any time become necessary to open, widen, or in any manner alter, any street, alley, sidewalk, or other passways in said town, they shall have full power to order the same done by complying with the following rules: If the owner of the property to be affected by such alteration claims that he will be damaged thereby, and if such owner and said Mayor and Council shall be unable to agree as to the fact of such damage or the amount thereof, said Mayor and Council shall cause to be served on such owner, or his agent, notice of their intention to condemn such property, describing in such notice the property sought to be condemned, and state the quantity sought to be taken, and the purpose for which it is to be taken, which notice shall also

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state the time and place, the proceedings to condemn such property will be had, which shall not be less than five, nor more than ten days from such time of service. It shall be the duty of said Mayor and Council to select one upright and intelligent freeholder of said town and the owner of said property, or his agent, may select one such person, or if he shall fail or refuse to make such selection, then it shall be the duty of the Justice of the Peace of the militia district in which said town is situated to select some upright and intelligent citizen freeholder as aforesaid, and it shall be the duty of the two persons selected in either way above named to select a third upright and intelligent citizen of said town, and it shall then be the duty of said three persons to inspect the property sought to be condemned, and to hear such evidence pertaining thereto as the parties may offer, taking into consideration the enhanced value, if any, on the property by reason of the opening, widening or altering of such streets, alleys, sidewalks or other passways, as the case may be, and from the decision of said freeholders there may be an appeal by either party to the Superior Court of Haralson county under the same rules and regulations as govern appeals from the Justice Courts to the Superior Court. The Mayor and Council, upon payment or tender to the owner or his agent of any sum found by said arbitrators, shall have the right to proceed to open, widen or alter said street, alley or sidewalk, notwithstanding any appeal by the owner of such premises. Authority to open or close streets. Condemned property. Arbitrators Appeal. SEC. XVI. Be it further enacted, That all processes, writs, warrants, subp[oelig]nas or other papers shall be issued by the Clerk of the Council in the name of the Mayor of said town, and signed by such Clerk. And it shall be the duty of the Marshal of said town to serve all such processes, and to levy all executions in favor of said town, and advertise and sell the property so levied upon in the manner prescribed in Section 9 of this Act. Writs and processes. SEC. XVII. Be it further enacted, That the Mayor and Council shall have power to require every male inhabitant of said town, who is subject to road duty under the laws of the State, to work such length of time on the streets of said town as said Mayor and Council shall by ordinance direct, or they may prescribe a commutation tax to be paid by such person in lieu of such work; and they shall have power to enforce obedience to their laws and ordinances, under this section, by a fine, imprisonment or work on the streets, as provided in Section 14 of this Act, and no tax paid in lieu of such work nor any money arising from fines or forfeitures for failure of persons to perform such work shall be used for any purpose

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except in payment for work done, or improvements put on the streets or sidewalks. Streetswho shall work them. Commutation tax. SEC. XVIII. Be it further enacted, That said Mayor and Council shall have power and authority to light the streets in said town by any means they may see proper to adopt. Lights. SEC. XIX. Be it further enacted, That said Mayor and Council shall have power and authority to regulate, restrict or prohibit the sale of spirituous, malt or intoxicating liquors, or bitters, in said town, and the violation of any ordinance adopted by authority of this section shall be punished as is prescribed in Section 14 of this Act. Sale of spirituous liquors. SEC. XX. Be it further enacted, That said Mayor and Council shall have power to appoint Street Commissioners, City Attorney and such number of Marshals as they shall deem proper, and such other officers and agents as may be necessary to the interest of said town; to prescribe their duties and compensation, and they shall have power at any time to remove any of said officers or agents. Subordinate officers. SEC. XXI. Be it further enacted, That said Mayor and Council may compel the payment of any tax, fine or forfeiture by execution, levy and sale, as prescribed by Section 9 of this Act. Executions SEC. XXII. Be it further enacted, That the Mayor or Mayor pro tem. shall have authority to punish any person guilty of contempt, as prescribed by Section 14 of this Act. Contempt. SEC. XXIII. Be it further enacted, That said Mayor and Council shall provide by ordinance the manner in which bonds for the appearance of offenders against the ordinances may be forfeited and collected. Appearance bonds SEC. XXIV. Be it further enacted, That it shall be the duty of said Mayor and Council to require to be kept in books provided for that purpose full and correct accounts of all the acts and doings of said Mayor and Council and of all other officers and agents of said town, and such books shall be at all times subject to inspection by any citizen of said town. Said Mayor and Council shall also make, or cause to be made by the person having such matter in charge, an annual statement and account under oath of the financial condition of said town. Such account shall be a full and itemized statement of all moneys collected, when and from what source collected, of all amounts paid out, and when and on what account paid out, the sums due said town, and from what source due the existing liabilities of said town and the balance on hand. This account shall be made and published on or before the 15th day of December in each year. Books of record. Annual statements.

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SEC. XXV. Be it further enacted, That said Mayor, and in his absence the Mayor pro tem., shall be to all intents and purposes a Justice of the Peace so far as to enable them to issue warrants for offenses committed against the laws of this State within the corporate limits of said town, which warrants may be executed by any Marshal or Deputy Marshal of said town, and to commit to the jail of Haralson county, or admit to bail such offenders for their appearance at the next term of the Superior Court of said county, and it shall be the duty of the jailer of said county to receive all persons so committed and safely keep them until discharged by due course of law. Mayor has powers of Justice of the Peace. SEC. XXVI. Be it further enacted, That the Mayor of said town shall preside at all meetings of the Council, but he shall have no vote except in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the Council, and said Mayor shall have five days after the meeting at which any ordinance, order or resolution was passed, in which to file with the Clerk of the Council in writing his dissent thereto, which when filed shall have the effect to defeat such ordinance, order or resolution; but notwithstanding such veto, said Council may by vote of two-thirds of all the members of the Council pass such ordinance, order or resolution, and in the absence of the Mayor the veto may be exercised by the Mayor pro tem. The Mayor's vote. SEC. XXVII. Be it further enacted, That if any person, after having been tried and convicted before the Mayor or Mayor pro tem., shall be dissatisfied with such judgment of conviction, such person shall have the right to certiorari the same to the Superior Court of Haralson county, under the same rules and regulations as govern in cases of certiorari from the Justice Courts to the Superior Court, except that in all cases of certiorari the party defendant shall pay the costs which have accrued and give a good and sufficient bond, to be judged of such approval by the Mayor or Mayor pro tem., payable to said Mayor and Council, conditioned to pay such fine and costs as may have been adjudged against him, as well as all future costs in said case. Appeal from Mayor's court. SEC. XXVIII. Be it further enacted, That the salary of the Mayor and Councill shall be fixed by themselves. Salaries. SEC. XXIX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889.

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INCORPORATING TOWN OF DESOTO. No. 568. An Act to incorporate the town of DeSoto, in the county of Sumter; to confer municipal powers and privileges upon the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the town of DeSoto, in the county of Sumter, be, and the same is hereby, incorporated. SEC. II. Be it further enacted, That the municipal government of the town of DeSoto shall consist of a Mayor and four Councilmen, who shall constitute a body corporate under the name and style of the Mayor and Town Council of DeSoto. By that name and style they shall have perpetual succession; may have and use a common seal, and be capable, in law and equity, to purchase, have, hold, receive, enjoy, possess and retain, to them and their successors, or to sell or otherwise dispose of the same, for the use of the town of DeSoto, any estate or estates, real or personal, of whatever kind or nature, within the limits of said town; and shall, by the said name, be capable of suing and being sued, and pleading and being impleaded, in any court of law or equity in this State. Government. Corporate name. Corporate powers. SEC. III. Be it further enacted, That the corporate limits of said town shall extend one-half mile, in every direction, from the depot of the Americus, Preston and Lumpkin Railroad, as now located in said town. Corporate limits. SEC. IV. Be it further enacted, That for the purpose of organizing the municipal government provided for in this charter, an election may be held in said town on the first Wednesday in February, 1889, or upon the first Wednesday in February in any year thereafter, for a Mayor and four Councilmen, who shall hold their offices for one year and until their successors are elected and qualified. Said election may be held under the management of any three bona fide residents of said town qualified to vote for members of the General Assembly. After the first election under this charter, provided for above, said officers shall be elected annually on the first Wednesday in February. Each election, after the first, shall be held under the management of three freeholders, or of two freeholders and a Justice of the Peace, all of whom shall be residents of said town, and not candidates in said election, and who shall be appointed by the Mayor and Town Council to hold the election. The managers

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of all elections held under this charter shall conduct them as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at nine o'clock a. m. and shall close at three o'clock p. m. Before proceeding with the election, each of the managers shall take and subscribe, before some person authorized to administer oaths, or, if there be no such person present, each in the presence of the others, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified, according to the requirements of the town charter, to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting who is so entitled, and that we will not divulge for whom any vote was cast unless called upon under the law to do so. So help us God. Annual elections. How held Managers oath. SEC. V. Be it further enacted, That the managers acting at the first election held under this charter shall issue a certificate of the result of the election to each of the persons elected which shall be recorded on the records of said town; said certificate shall be sufficient authority for the persons so elected to enter upon the discharge of their official duties after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected Mayor and each of the Councilmen elected a like certificate, and shall also certify the result of the election to the acting Council, which last certificate shall be entered upon the records of said town. Certificates of election SEC. VI. Be it futher enacted, That at such elections all persons who shall have resided in said town for sixty days before the day of election, who have paid all taxes, of every description, legally imposed and demanded by the authority of said town, and who shall be qualified to vote for members of the General Assembly, shall be qualified voters. All persons qualified to vote at such election and eligible to hold office according to the Constitution and laws of this State shall be eligible to hold any office in said town. Qualified voters. SEC. VII. Be it further enacted, That should the office of Mayor or of any Councilman become vacant by death, resignation, removal or other cause, the Mayor, or in case his office is vacant the Mayor pro tem., or if both said offices are vacant, the Councilmen shall order an election to fill said vacancy or vacancies, of which at least ten days' notice shall be given by posting the notice at two of the most public places in said town. Persons elected at such elections shall fill unexpired terms only. Vacancies.

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SEC. VIII. Be it further enacted, That before entering upon the discharge of their official duties the Mayor and each of the Councilmen shall take and subscribe, before some person authorized to administer oaths, the following oath: 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 DeSoto during my continuance in office, according to the best of my ability and understanding. So help me God. Said oath shall be entered upon the records of the corporation. Oath of office. SEC. IX. Be it further enacted, That the Mayor and Councilmen shall elect annually, at such time as they may see proper, a Mayor pro tem. from the Councilmen, whose duty it shall be to act as Mayor in all cases in the absence or disqualification of the Mayor. They shall also have authority, in their discretion, to elect a Marshal, and when the growth of the town may require additional police protection, such number of policemen as they may deem best, and a Clerk and Treasurer. The Marshal, the Clerk and Treasurer and the policemen shall hold their offices for one year and until their successors are elected and qualified, or for a less period of time if the Mayor and Town Council see fit to so prescribe. They shall be governed by such rules as may be prescribed by the Mayor and Council. They may be removed from office by a majority vote of the Mayor and Council for neglect of duty, incapacity or malfeasance in office, or for violation of the rules prescribed by the Mayor and Council for their government. The Mayor and Council may, if they see proper, select one of the Councilmen to act as Clerk and Treasurer. The Mayor and Council may also appoint special policemen to serve whenever in their judgment such appointments may be necessary, such policemen to be discharged when the emergency for their services has passed, and to be compensated as the Mayor and Council may determine. Mayor pro tem. Subordinate officers. Special policemen SEC. X. Be it further enacted, That the salaries or compensation of the Marshal and of the Clerk and Treasurer shall be such as may be fixed by the Mayor and Council, and the Mayor and Council may also, in their discretion, require each, or either, of said officers to give bond for the faithful performance of duty, in such amount as they may prescribe. Salaries. SEC. XI. Be it further enacted, That the Mayor and Council shall have power and authority to levy and collect an ad valorem tax, not exceeding one-half of one per cent., upon all property, both real and personal, which is taxable by the laws of this State, except farming lands in bodies of five acres or more, not laid off into town lots, and wood land, in bodies of five acres or more, not

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laid off into town lots; said tax to be for the purpose of defraying the general expenses of the town government. Ad valorem taxes. SEC. XII. Be it further enacted, That said Mayor and Council shall have power and authority, in addition to the ad valorem tax heretofore provided for, to levy and collect a specific tax upon all billiard tables, pool tables, ten-pin alleys or nine-pin alleys, and all tables or alleys of any other kind used for the purpose of playing with balls or pins, or both, within said town, and upon 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 turning a deal or wheel, or by pitching rings at sticks or knives, or by pointing out cards, pictures or photographs, or by using any other artifice or contrivance whatsoever. They shall also have authority to levy a tax in such sum as they may see proper upon all circuses, sleight of hand performances, tricks of legerdemain, theatrical exhibitions and other shows which may exhibit in said town, such taxes to be for each exhibition. Said Mayor and Council shall also have authority to levy and collect such license taxes upon business occupations in such town as they may see proper. Any and of all the taxes provided for in this section, if not voluntarily paid, may be collected by execution, levy and sale as hereinafter provided for the collection of other taxes. Special taxes. Avocation tax. SEC. XIII. Be it further enacted, That should any person fail or refuse to pay the tax imposed by the said town authorities, according to this charter, the Clerk and Treasurer shall issue an execution against such delinquent tax-payer, which shall be signed by him in his official capacity and bear test in the name of the Mayor and Town Council. Said execution shall bind all the property that said defaulting tax-payer owned in said town on the first day of April in the year for which the property is, or should have been, returned for taxation. Said execution shall be directed to the Marshal of said town, who, after levying the same upon the property of such defaulting tax-payer, and advertising the sale as Sheriffs' sales are advertised, in case of real estate, and by posting in three of the most public places in the town, for ten days before the day of sale, where it is personal property that is levied upon, shall sell the property to the highest and best bidder, before the door of the Council chamber, or at such place as the Mayor and Council may direct such sales to take place. Where real estate is sold the Marshal shall make the purchaser a deed to the same, which shall be as effectual in passing the title as the deed of the person against whom said execution issued. When said Marshal shall sell any real estate under execution

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for town taxes, it shall be the duty of such Marshal, upon application, to put the purchaser, or his agent, in possession of the real estate sold; Provided, said Marshal shall not be authorized to turn out any other person than such delinquent tax-payer, his heirs, tenants or assigns, since the lien of the town for taxes attached. Tax executions. How advertised. Proviso. SEC. XIV. Be it further enacted, That said Mayor and Council shall have authority, in addition to the taxes heretofore provided for, to levy and collect as a street tax a tax, not exceeding five dollars per annum, upon each and every male resident of said town between the ages of eighteen and fifty years, except licensed ministers of the gospel in regular discharge of ministerial duties and in actual charge of one or more churches, and all persons who have lost one leg or one arm, provided that any person so taxed shall have the opportunity to work the streets of the town, and may relieve himself of such tax by working on the streets, under the control and direction of the Marshal, for two days for each and every dollar of said tax due by him. Upon non-payment of said street tax and failure or refusal to work the streets, as herein-before provided, the Mayor shall have power, after five days' notice to such defaulter, to sentence him to work upon the streets for a number of days sufficient to pay all such taxes assessed against him, at fifty cents per day, if the town provides rations, and at seventy-five cents per day if the party provides his own rations. It shall be the duty of the town Marshal to execute these provisions so far as they appertain to his office, and to execute any sentence of the Mayor made in pursuance thereof. No resident of said town shall be liable to road duty outside of the limits of said town. Street tax. Street work. Defaulters. SEC. XV. Be it further enacted, That said Mayor and Council shall have power and authority to pass all rules, regulations or ordinances that they may deem necessary for the government of said town, the preservation of order, and the protection of the lives and property of its citizens; Provided, they are not in conflict with the Constitution and laws of this State or of the United States. Town ordinances. SEC. XVI. Be it further enacted, That said Mayor and Town Council shall have the sole and exclusive power and authority to regulate and control the sale of spirituous, vinous, malt and intoxicating liquors in said town, to grant licenses for the sale of the same, fix and collect the fees therefor, and to impose and enforce penalties for violations of ordinances or regulations passed in pursuance of this section. Sale of spirituous liquors. SEC. XVII. Be it further enacted, That the Mayor of said town may hold a police court in said town, at any time, for the trial and punishment of all persons violating the ordinances and regulations

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of said town, the punishment inflicted not to exceed a fine of thirty dollars and costs, or labor on the streets not to exceed thirty days, or by confinement in the guard house or calaboose of the town not to exceed thirty days, or the Mayor may sentence the offender to work on the streets for a certain number of days, or to be confined in the guard house for a certain period of time, and allow, in said sentence, said punishment to be commuted upon payment of a fine. Police court. SEC. XVIII. Be it further enacted, That said Mayor and Council shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences or other obstructions, or nuisances, in the streets, alleys, lanes, sidewalks, or public squares of said town; also, to license, regulate and control all taverns or public houses in said town; to regulate all butcher pens, slaughter houses, steam ginneries, steam saw mills, steam grist mills, blacksmith shops, forges, stoves and chimneys, within said town, and to remove, or cause to be removed, the same, or any of them, in case they become dangerous, or injurious to the health of any citizen of said town, or become nuisances; and also, if necessary, to fill up all pits, cellars, sinks and excavations in said town, or cause the owner thereof to do so; to drain all ponds or pools of water, or cause the same to be done by the owner of the premises upon which the same is located; also, to license and regulate all drays, omnibuses, wagons, carts, or other vehicles, owned or kept for use and hire in said town; and also, to control all wells, pumps and livery stables in said town. Streets and street encroachments. Corporate powers. SEC. XIX. Be it further enacted, That the Mayor and Council shall have full power and authority to open and lay out, widen, straighten or otherwise change streets and alleys in said town. Whenever the Mayor and Council shall exercise the power above delegated, they shall appoint one freeholder and the owner or owners of the lots fronting on said streets or alleys, or through which the same may be laid out, or opened, shall, after five days' notice, select one freeholder, who shall proceed and assess the damages sustained or advantages derived by the owner or owners of said lots, in consequence of the laying out, opening, widening, straightening or otherwise changing said streets and alleys. In case said two assessors cannot agree, they shall select a third freeholder to act with them, and then a majority of the three shall make the award. The said assessors shall take an oath to faithfully discharge their duties before proceeding to act. Either party, dissatisfied with the finding of the assessors, shall have the right to appeal to the Superior Court of Sumter county, under the same rules and regulations as govern appeals from Justice Courts. The

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Mayor and Town Council shall have full power and authority, by execution, to levy, collect and enforce the final award, judgment or decree against the owner, or owners, of said lot or lots, when the change effected or work done is found advantageous to said owner or owners. Authority to open or close streets. Assessors for condemned property. Appeal. SEC. XX. Be it further enacted, That said Mayor and Council shall have full power and authority to protect places of divine worship; to regulate the keeping of gunpowder or other combustibles; to provide places for the burial of the dead and regulate interments therein; to make regulations for guarding against fire. Public buildings and cemeteries. SEC. XXI. Be it further enacted, That when the Mayor is presiding at any Police Court, or at any meeting of the Council, he shall have power to punish for contempt of court by a fine not exceeding five dollars, or imprisonment not exceeding forty-eight hours. Contempt of Court. SEC. XXII. Be it further enacted, That the Mayor and Council shall prescribe, by ordinance, the rules and regulations under which property shall be returned for taxation and the penalty for failure to make returns as required. Tax returns. SEC. XXIII. Be it further enacted, That that Marshal or any policeman of said town shall have power and authority to arrest, without a warrant, any drunk or disorderly person, or any person committing or attempting to commit any crime against the laws of this State or any offence against the town ordinances, and commit him to the guard house, or other place of safety, to await his trial next day, or when the arrest is made on Saturday afternoon or evening, too late for the Mayor to hear the case, to await his trial on the following Monday. Duties of marshal or policemen. SEC. XXIV. Be it further enacted, That said Mayor and Council shall have power and authority, in their discretion, to establish and maintain a guard house or calaboose wherein to confine for safe keeping parties under arrest, or to confine for punishment parties convicted and sentenced in the Mayor's Court. Guard house. SEC. XXV. Be it further enacted, That the Mayor, or Mayor pro tem. when acting in his stead, shall be an ex-officio Justice of the Peace, so far as to have authority to issue warrants for persons charged with committing offenses against the laws of the State in said town, and shall have power to compel the attendance of witnesses, to examine them under oath, and to discharge the person charged with the offense, or to require him to give bond for his appearance for trial before the proper court, or in default of bond to commit him to jail to await his trial. Mayor's power in State cases.

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SEC. XXVI. Be it further enacted, That any fine imposed by the Mayor, or Mayor pro tem., for violation of any of the ordinances, rules or regulations prescribed by the Mayor and Town Council may be enforced by execution against the defendant or person convicted, which shall be directed, levied and advertised as other executions issued by the town authorities. Executions SEC. XXVII. Be it further enacted, That should any property levied upon, under and by virtue of any fi. fa. issued by the corporate authorities of the town, be claimed by any person not a party to said fi. fa., said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State; and the said claim shall be returned to and tried, as other claim cases, in the first Justice Court, or Superior Courts having jurisdiction thereof, as the case may be. Claims of illegality. SEC. XXVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889. INCORPORATING TOWN OF CONEY. No. 571. An Act to incorporate the town of Coney, in the county of Dooly; to define its limits, confer municipal powers and privileges upon it, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Coney (formerly known as Gum Creek), in the county of Dooly, be, and the same is hereby, incorporated. Its corporate limits shall extend one-half mile in every direction from the depot of the Americus, Preston and Lumpkin Railroad as now located in said town. Corporate limits. SEC. II. Be it further enacted, That the municipal government of said town shall consist of a Mayor and four Councilmen, who shall constitute a body corporate, under the name and style of the Mayor and Town Council of Coney, and by that name they shall have perpetual succession; may have and use a common seal; may sue and be sued, plead and be impleaded in any court of law or equity in this State; may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office, for the use of the

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town of Coney, any estate or estates, real or personal, of whatsoever kind or nature, and may sell or otherwise dispose of the same for the benefit of said town as they may see proper. Corporate name. Corporate powers. SEC. III. Be it further enacted, That for the purpose of organizing and carrying on municipal government herein provided for, an election shall be held in said town, upon the second. Wednesday in January next, or upon the second Wednesday in January any subsequent year, and annually thereafter on the second Wednesday in January, for a Mayor and four Councilmen. Said Mayor and Councilmen shall each hold their offices for one year, and until their successors are elected and qualified. The first election held under this charter may be held under the management of any three bona fide residents of said town, who are qualified to vote for members of the General Assembly. After the first election the Mayor and Council may appoint any three freeholders to superintend any subsequent election. The managers, before proceeding with the election, shall each take, before some person authorized to administer oaths, or if no such person be present, each in the presence of the others, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qulaified to hold the same; that we will make a just and true return therof, and not knowingly permit any one to vote unless we believe he is entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting who is so entitled, and that we will not divulge for whom any vote was cast, unless called upon under the law to do so. So help us God. The managers acting at the first election held under this charter shall issue, to each of the persons elected, a certificate of the result of the election, which certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their official duty after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected Mayor and Councilmen a like certificate and shall certify the result of the election to the acting Mayor and Council, which last certificate shall be entered upon the records of the town. Annual elections. How held. Oath of managers. SEC. IV. Be it further enacted, That at such elections all persons who shall have resided in said town sixty days before the day of the election, who shall have paid all taxes of every description legally imposed and demanded by the authority of said town, and who shall be qualified to vote for members of the General Assembly, shall be qualified voters. All persons qualified to vote at said elections and eligible to hold office according to the Constitution

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and laws of this State shall be eligible to hold any office in said town. Qualified voters. SEC. V. Be it further enacted, That should the office of Mayor or any Councilman become vacant by death, resignation, removal or other cause, the Mayor, or in case his office is vacant, the Mayor pro tem., or if both these offices be vacant, the Councilmen shall order an election, of which at least ten days' notice, by posting in two of the most public places in said town, shall be given to fill said vacancy or vacancies. Persons elected at said election shall fill unexpired terms only. Vacancies. SEC. VI. Be it further enacted, That all elections held under this charter shall be conducted as nearly as practicable as elections for members of the General Assembly, but the polls shall open at 9 o'clock a. m. and close at 3 p. m. until the Mayor and Council shall, by a general ordinance, prescribe different hours. How elections shall be conducted. SEC. VII. Be it further enacted, That the Mayor and Council shall have power and authority in their discretion to elect a Clerk and Treasurer and a Marshal, to prescribe their official duties, regulate their fees or compensation and to require them or either of them to give such bonds for the faithful discharge of duty as they may see proper. They shall have power to remove such officers from office for neglect or breach of duty, or incapacity to discharge their respective duties. The Mayor and Council may, if they see proper, select one of the Councilmen to act as Clerk and Treasurer. The Mayor and Council may also at any time appoint such special policemen as they see proper to serve for any length of time, and to be discharged at their pleasure. Subordinate officers. SEC. VIII. Be it further enacted, That said Mayor and Council shall have authority to pass all laws and ordinances for the government of said town and the protection of the lives and property of its citizens which they may see proper; Provided, they are not inconsistent with the Constitution and laws of this State or of the United States. By-laws and ordinances. SEC. IX. Be it further enacted, That the Mayor of said town shall have authority to hold, at such times as he may see proper, a Police Court for the trial of persons charged with violating any of the ordinances, rules or regulations of said town, and shall have power upon conviction to sentence offenders to pay a fine not to exceed thirty dollars, or to work upon the streets of said town not to exceed thirty days, or to be confined in the guard-house or calaboose not to exceed twenty days, or the Mayor may sentence the offender to work upon the streets, or to be confined in the guard-house for a certain period of time, and allow said sentence to be

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commuted upon the payment of a specified fine, in the discretion of the Mayor. Police court. Limit of fines. SEC. X. Be it further enacted, That said Mayor and Council shall have authority to levy and collect an ad valorem tax, not to exceed one-half of one per cent., upon all property, both real and personal, in said town, for the support of the town government and carrying out of the objects of this charter. They may, by ordinance, provide suitable regulations for the return of all property in said town for taxation, and impose penalties in the way of increased tax for non-return of said property as prescribed in such regulations. The collection of any taxes or licenses imposed by said town authorities may be enforced by execution, issued by the Clerk and Treasurer, in the name of the Mayor and Town Council, directed to the Marshal, who shall levy the execution and sell thereunder. Where real estate is levied upon, in like manner and under the same rules and regulations as govern Sheriffs' sales, except that the real estate shall be sold in said town, where personal property is levied upon, it shall be advertised by posting in two of the most public places in said town, for at least ten days before the day of sale, at the expiration of which time the Marshal shall proceed to sell the property under the same rules and regulations as govern constables' sales in this State. The Mayor and Council shall prescribe, by ordinance, the place where public sales, of this charter, shall take place. Should any property levied upon be claimed by any person not a party to the execution, said claim shall be interposed under the same rules and regulations as regulate other claim cases, under the laws of this State, and said claim shall be returned to and tried by the first Superior Court or Justice Court, as the case may be, having jurisdiction of the same. Property tax. Returns. Executions Claims of illegality. SEC. XI. Be it further enacted, That said Mayor and Council shall have power and authority, in addition to the ad valorem tax above provided for, to levy and collect a special tax upon all billiard or pool tables, ten-pin or nine-pin alleys, and upon all tables and alleys of any kind whatever not forbidden by law used for the purpose of playing on with balls or pins, or both, within said town. They shall also have authority to levy and collect a tax upon all circuses, sleight-of-hand performances, theatrical exhibitions and other shows which may exhibit within said town, such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by execution, levy and sale, as provided in this charter for the collection of other taxes. They shall have authority also to levy and collect a license tax upon any or all business occupations carried on in said town. Special tax License tax.

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SEC. XII. Be it further enacted, That the Mayor and Council shall have power and authority to compel each male inhabitant of the town between the ages of sixteen and fifty years, unless exempted by ordinances of said town, to work ten days upon the streets and sidewalks of said town, under the direction and control of the Marshal, or to pay such commutation tax, not to exceed five dollars, in lieu thereof, as the Mayor and Council may assess. In case of failure or refusal to do said work, or to pay in lieu thereof said tax, the Mayor may fine the offending person for contempt, and enforce the same by imprisonment in the guard house, or by work upon the streets. Persons subject to the provisions of this section shall not be liable to road duty outside of said town. Street work. Commutation tax. SEC. XIII. Be it further enacted, That said Mayor and Council shall have the sole and exclusive right of granting licenses to retail intoxicating liquors in said town, and of fixing the rates of said licenses and the terms upon which the same shall issue, and of imposing such penalties for violations of these terms or regulations as they see proper. License for retailing liquors. SEC. XIV. Be it further enacted, That said Mayor and Council shall have full power and authority to open or lay out new streets, or to widen, straighten, close up or otherwise alter or change any of the streets of said town; to remove or cause to be removed any obstruction or nuisance that may be placed in or upon any of the streets, sidewalks, lanes or alleys of said town; to regulate all butcher pens, tan yards, blacksmith shops, steam ginneries, steam saw mills, steam grist mills, forges, stoves and chimneys within said town, and to remove or cause to be removed the same, or any of them, in case they should become dangerous, or become injurious to health, or become nuisances, and to fill up all pits, sinks, cellars or excavations; to drain all ponds or pools of water, or cause the owner of the premises whereon the same are situated to do so when the Mayor and Council shall deem the same necessary to be done; to regulate and control all taverns, restaurants and public houses in said town. Whenever the Mayor and Council shall exercise the power delegated in this section in opening, laying out, widening, straightening or otherwise changing the streets, lanes or alleys in said town, and shall condemn or take private property for that purpose, they shall appoint one freeholder, and the owner or owners of the property to be taken or condemned shall, upon five days' notice, appoint one freeholder, who shall assess the damages sustained or advantages derived by the owner or owners of the property in consequence of the opening, laying out, widening, straightening or otherwise changing the street, lane or

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alley; in case these two assessors cannot agree, they shall select a third, and a majority of the three shall fix the assessment; the assessors shall take an oath faithfully to discharge their duties, and either party shall have the right to appeal to the Superior Court of Dooly county within five days, under the same rules and regulations as govern appeals from Justice Courts. Authority to open or widen streets. Public nuisances. Damages for condemned property for street purposes. SEC. XV. Be it further enacted, That the Mayor and each Councilman elected shall, before proceeding to discharge his official duties, take and subscribe before some person authorized to administer oaths the following oath: I do solemnly swear that I will faithfully discharge, to the best of my ability, the duties ofof the town of Coney. So help me God. Oath of office. SEC. XVI. Be it further enacted, That the Marshal, or any policeman of said town, shall have the right to arrest any disorderly person, or any person violating or attempting to violate any of the ordinances of said town, and to commit him to the guard-house to await his trial before the Mayor the next day. Marshal's authority. SEC. XVII. Be it further enacted, That said Mayor and Council shall have authority to establish a guard-house, or a place of confinement for persons detained for trial, or sentenced to confinement therein according to the provisions of this Act, and to regulate the same; to regulate the keeping of combustibles in the town; to provide suitable places for the interment of the dead and regulate the same, and to protect places of divine worship. Guard house, cemeteries, magazine, etc. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889. AMENDING CHARTER OF ATLANTA. No. 581. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to provide a better system of sewer assessments in said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof be, and the same are hereby

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amended, so as to hereby provide that in all cases where a sewer shall be laid by or under the authority of said city in any street, the sum of ninety cents per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer, on each side of said street, in which said sewer is laid or constructed, and in consideration of the payment of said assessment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer; and, in case any such sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like sum of ninety cents shall be assessed upon such property abutting on each side of said sewer for every lineal foot, making in all one dollar and eighty cents for every lineal foot to be assessed upon such property through which sewers are constructed as aforesaid, and in consideration of the payment of said assessment, the owners of said estates repectively on each side of said sewer, through or over which such sewer may be constructed, shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. The extent and character, material used, and expense of sewers constructed, as well as the time and manner of constructing the same, shall be in the discretion of the Mayor and General Council of said city, and to be prescribed from time to time by ordinances, and upon like notice, and in the same manner, and the assessment laid, and enforced by execution, levy, sale, and otherwise, as in case of ordinances and assessments for the paving of streets in said city, except that sewers hereby authorized may be constructed with or without petition by property owners, where, in the judgment and discretion of the Mayor and General Council, the public health and good of the city shall require. The remaining cost of all sewers not thus assessed shall be paid by said city out of the sewer appropriations for the year; Provided, that the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of Fulton county, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Amends new charter. An assessment of 90 cents per lineal foot may be made on property owners whose property abuts on sewers. Collection of assessments. Proviso. SEC. II. Be it further enacted, That for the preservation of all sewers in said city for the public use and easements aforesaid, the said Mayor and General Council shall have the authority to direct

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and control the time and manner in which connections shall be made with such sewers, and by whom the work is to be done, and upon what terms and conditions, and at what point and to what extent surface water or drainage shall be permitted to flow into sewers, and generally all matters relating to the uses and control and repairs of sewers and sewer connections, and replacing of paving and other adjacent structures in good condition shall be at all times under the regulation and control of the said Mayor and General Council in its fair and legal discretion. Manner of making sewer connections. SEC. III. Be it further enacted, That in case of any sewer or sewers, or parts of the same, being built or laid over, or through private property, if the owner of such property claim damages for the occupation of said lands by such sewer and construction of the same thereon, such owner may, within thirty days after the adoption of an ordinance for the construction of the same thereon, give notice of such claim, but a failure to give such notice shall in no wise effect or prejudice the right of such owner to bring suit for damages sustained. But upon giving notice of such claim for damages as aforesaid, then assessors shall be appointed to assess damages to said land by reason or on account of the construction of any such sewer through or upon the same; said assessors to be appointed, notice given, and their award made as in case of property taken for opening, widening or straightening streets under the charter and laws of said city. When sewers extend through private lands. SEC. IV. Be it further enacted, That in case of real estate situated on street corners and having frontage on two streets, the owner, and real estate thus situated, shall be assessed as by this Act provided for the frontage on the street in which a sewer is first laid, and when a sewer is laid on the other street, seventy-five feet of frontage shall be exempt from assessment on the owner and real estate for the last named sewer. When real estate is situated on corners. SEC. V. Be it further enacted, That the amount of such assessment for sewers on each piece of real estate shall be a lien on said real estate from the day of the passage of the ordinance providing for the work and making the assessment. That this Act shall not take effect till the first day of January, 1890. Liens for assessments. SEC. VI. Be it further enacted, That the construction of all sewers under this Act shall be provided for by ordinance; after the first reading of an ordinance for the construction of a sewer, a notice of the introduction of the same shall be published in one or more of the daily papers of the city; such notice shall contain a statement of the line along which the proposed sewer is to be laid and a statement of the general character, material and size of such

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sewer. Said notice shall be published at least as many as ten days before the adoption of said ordinance, and said ordinance may be adopted at the next meeting after its introduction, or at any subsequent meeting, after said notice has been published. Substantial compliance with the above requirement as to notice shall be sufficient. Construction of sewers provided for by ordinance. 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 November 8, 1889. AUTHORIZING SAMUEL WALKER TO CONSTRUCT WATERWORKS FOR MILLEDGEVILLE. No. 586. An Act to authorize and empower Samuel Walker, and such persons as he may associate with him, to use and occupy the public streets, or so much thereof as may be necessary, of the city of Milledgeville, in building and constructing a system of waterworks in said city; to lay mains, pipes and drains therein, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Samuel Walker, and such other persons as he may associate with him hereafter, be, and they are hereby authorized and empowered to use and occupy the public streets of the city of Milledgeville, or so much thereof as may be necessary for the purposes hereinafter mentioned, to-wit: To build, construct and maintain a system of water works in said city; to lay pipes, mains, and make drains therein; and to charge and collect tolls or rent for the use and enjoyment of the same; Provided, nevertheless, that the said streets shall not be so used and occupied as to endanger the safety of any person using the same, or in any manner to obstruct or impede the public use of said streets; Provided further, that said Samuel Walker and his associates shall be held liable for all injuries that may be sustained by any person or persons by reason of the building of said water works, and also to hold said city harmless for the same; Provided, that the streets of said city shall not be thus owned and occupied without the consent of the Mayor and Council of said city being first obtained. Authority to use streets. Proviso.

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SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 8, 1889. CHANGING CORPORATION LINE OF WARESBORO. No. 614. An Act to change the line of the corporation of the town of Waresboro, in Ware county. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, That the North line of the incorporation of the town of Waresboro, in Ware county, be so changed as to leave the residence and lands of James M. Mullis out of said corporation, and that the branch known as the old mill branch be and is hereby made the line of said corporation. Corporate line changed. SEC. II. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved November 11, 1889. AMENDING CHARTER OF ELBERTON. No. 622. An Act to amend the charter of the town of Elberton, in Elbert county, so as to confer authority upon the Town Council of said town to prescribe fire limits in said town, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, That from and after the passage of this Act, it may and shall be lawful for the Town Council of Elberton to establish fire limits in said town of Elberton, and to prevent the erection or repairing of any building with wood, or other combustible material, within said fire limits; Provided, that said fire limits shall extend no further from the court house in said town than a boundary, bounded by Elbert street on the north, Church street on the south, and a line two hundred and twenty-five feet

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west of and parallel with Oliver street on the west, and a line two hundred and twenty-five feet east of and parallel with McIntosh street on the east of said last mentioned line, to extend only from Elbert street to Church street. Authority to establish fire limits. SEC. II. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved November 11, 1889. NEW CHARTER FOR CITY OF AMERICUS. No. 624. An Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus; to confer additional power upon the Mayor and City Council of Americus; to extend the corporate limits of said city, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of same, That the corporate limits of the city of Americus, in the county of Sumter, shall extend and embrace a radius of one and one-quarter miles, making the water tower, situate on the east side of Lee street, near corner of Lee and Lamar streets, the center. Corporate limits defined. SEC. II. Be it further enacted, That the municipal government of the city of Americus shall consist of a Mayor and six Aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and City Council of Americus, and by that name and style shall have perpetual succession; shall have a common seal and be capable, in law and equity, to purchase, have, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the city of Americus, any estate or estates, real or personal, of whatsoever kind or nature, within and without the jurisdictional limits of said city, for corporate purposes; and shall by the said name, be capable of suing and being sued in any court of law or equity in this State; and shall succeed to all the rights and liabilities of the corporation of the city of Americus. Corporate name. Corporate powers. SEC. III. Be it further enacted, That an election shall be held in the city of Americus on the Wednesday preceding the third Saturday in December, annually. In December, 1889, and every two years thereafter, three Aldermen shall be elected; and in December, 1890, and every two years thereafter, a Mayor and three Aldermen,

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and a Clerk and Treasurer shall be elected. Each of said officers shall serve two years, and until their successors are duly elected and qualified. At the first meeting of the Mayor and City Council of Americus, or as soon thereafter as practicable, one of said Aldermen shall be chosen Mayor pro tem. Annual elections. Term of office. SEC. IV. Be it further enacted, That in case of vacancy in any of the offices mentioned in the preceding section, by death, resignation, failure to elect, removal from office, removal from the city or otherwise, a special election shall be ordered by the Mayor and City Council of Americus within thirty days, giving ten days notice by publication to fill such vacancy; Provided, if such vacancy shall occur within three months of the expiration of the term of office of such officer, said Mayor and City Councilof Americus may, in their discretion, decline to order such election; Provided further, that in case of a vacancy in the office of Clerk and Treasurer, the said Mayor and City Council of Americus shall appoint some person to discharge the duties of said office until said vacancy is filled as hereinbefore provided; Provided further, that all vacancies existing at the time of any general election shall be filled at such general election, and without the ten days' notice. Vacancieshow filled. Proviso. SEC. V. Be it further enacted, That all elections held under the provisions of this charter shall be superintended and managed by a Justice of the Peace, or some other judicial officer, and two freeholders, or three freeholders, all of whom shall be citizens of said city, and each of said managers, before entering on his duties, shall take an oath before some Justice of the Peace, or other officer duly qualified to administer an oath, that he will faithfully and impartially conduct said election, and prevent all illegal voting, to the best of his skill and power; and said managers shall cause to be kept two lists of voters and two tally sheets of such election. Managers of elections. SEC. VI. Be it further enacted, That the Mayor and City Council of Americus shall by ordinance prescribe one or more voting places or election precincts within said city, and the polls at every such election shall be opened at 9 o'clock a. m. and closed at 4 o'clock p. m. The person or persons receiving the highest number of votes cast at such election for Mayor, Aldermen, Clerk and Treasurer, respectively, shall be declared elected. Hours for opening and closing polls. SEC. VII. Be it further enacted, That after the votes at any election shall have been counted by the managers they shall certify two lists of voters and two tally sheets, and shall place one of said tally sheets with the ballots in the ballot box, and shall seal said ballot box and deposit the same with the City Marshal. The other list of voters and tally sheet shall be filed by the managers with the

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Clerk and Treasurer, and said City Marshal, after the expiration of sixty days, shall destroy the contents of said ballot box without examining said ballots or allowing the same to be done, provided no notice of contest shall be filed or pending. Disposition of tally sheets and ballots. SEC. VIII. Be it further enacted, That on the succeeding Wednesday after the election, or as soon thereafter as practicable, the persons elected shall appear at the Council Chamber and take and subscribe the following oath before any judicial officer of this State, and shall forthwith enter upon the duties of his office, to-wit: I, A. B., do solemnly swear that I will well and truly perform the duties of Mayor (Alderman, Clerk and Treasurer, as the case may be) of the city of Americus, to the best of my skill and ability, without favor or affection; so help me God. Oath of office. SEC. IX. Be it further enacted, That all persons qualified to vote for members of the Legislature, and who shall have paid all taxes legally imposed and demanded by the authority of the city, and shall have resided six months within the city prior to the opening of the registration list and registers as hereinafter provided for, shall be qualified to vote at said election for Mayor, Aldermen, Clerk and Treasurer. Qualified voters. SEC. X. Be it further enacted, That the Clerk and Treasurer, or such other person as may be designated by the Mayor and City Council of Americus, shall open a list for the registration of voters on the first Monday in November in each year, which list shall be kept open from nine o'clock a. m. until twelve, m., and from two o'clock until five o'clock, p. m., each and every day (Sundays excepted) until Saturday preceding the election, when it shall be finally and absolutely closed. Books of registration. SEC. XI. Be it further enacted, That it shall be the duty of the Clerk and Treasurer, upon the application in person or written application of any person entitled to register, as aforesaid, within the time prescribed for the list to be kept open, to register the name of such person, expressing in such registry his name, age, occupation, or business, and the place of his residence, which shall be entered by said Clerk and Treasurer opposite the name of each applicant, and the Clerk and Treasurer may, in any case, administer the following oath to the applicant, touching his right to register, to-wit: You do solemnly swear that you are a citizen of the United States of America; that you have resided in Georgia one year immediately preceding this election, and six months within the corporate limits of the city of Americus immediately preceding the opening of this registry list, and that it is your intention to remain a resident in said city continually until the day of election;

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that you are twenty-one years of age, or will be by the day of the election; that you have paid all taxes due the city of Americus; that you have made all returns required by the ordinances of the city; that you are qualified to vote for members of the Legislature; so help you God. Manner of registration. Oath to be administered to persons registering. SEC. XII. Be it further enacted, That it shall be the duty of the Clerk and Treasurer, or other officer, to arrange and publish a list of the names registered, in alphabetical order, in one of the gazettes of the city, between closing the lists and the day of the election, and to affix and post an alphabetical printed lists of the names registered, for one day at least, at the Council chamber door preceding each election. Manner of publishing registration lists. SEC. XIII. Be it further enacted, That it shall be the duty of the Clerk and Treasurer to furnish to the managers presiding at any such election, at the opening of the polls on the day of such election, a complete list of all the names, arranged in alphabetical order, which shall have been registered according to the foregoing provisions, certified under the hand of said Clerk and Treasurer, and the corporate seal of the city, which list shall be kept before the presiding managers during such election; and when such election is over it shall be deposited in the office of said Clerk and Treasurer, to be by him safely kept. List of registered voters must be furnished managers of election. SEC. XIV. Be it further enacted, That any person voting, or attempting to vote, at such election, or registering prior to said election, not qualified to register, shall be guilty of a misdemeanor, and, on conviction before the Superior Court of Sumter county, shall be punished by fine or imprisonment, or both, as prescribed in Code of Georgia, 1882, section 4310. Illegal voting or registering. SEC. XV. Be it further enacted, That no person shall be eligible to the office of Mayor of the city of Americus unless he be of the age of twenty-five years, a citizen of the United States of America, and shall have resided in the city one year immediately preceding his election; and no person shall be eligible to the office of Alderman unless he shall have attained the age of twenty-one years, and shall have resided in the city one year immediately preceding his election, and shall have the other qualifications prescribed in the case of the Mayor, and shall have paid all taxes due and demanded by said city. Eligibility to office of Mayor and Aldermen. SEC. XVI. Be it further enacted, That the Mayor and Clerk and Treasurer and Aldermen shall have an adequate salary, to be fixed by annual ordinance; Provided, that the salary of the Aldermen shall not exceed one hundred dollars per annum, to be fixed by ordinance. Salaries. Proviso.

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SEC. XVII. Be it further enacted, That the Mayor shall be the Chief Executive of the city of Americus; he shall see that all laws, ordinances, resolutions and rules of the city are faithfully executed and enforced; and that all officers of the city shall faithfully discharge the duties required of them; he shall have a general jurisdiction of the affairs of the city; he shall preside at all meetings of the Mayor and City Council of Americus; he shall have the right to vote in elections for officers, except as is hereinafter provided, and upon all other questions before said body, except upon questions where he is disqualified by reason or interest, relationship, or otherwise. Duties of the Mayor. SEC. XVIII. Be it further enacted, That there shall be a Mayor's Court for the trial of all offenders against the law and ordinances of the city, to be held by the Mayor, and, in his absence or disqualification, by the Mayor pro tem. Said court shall have the power to preserve order, and compel the attendance of witnesses; to punish for contempt by imprisonment not exceeding two days, or fine not exceeding ten dollars, one or both. Mayor's court. SEC. XIX. Be it further enacted, That the Mayor, or, in his absence or disqualification, the Mayor pro tem., shall, as often as may be necessary, hold a police court, to be known as a Mayor's Court, for the trial of all offenders against the laws and ordinances of the city of Americus. Said Mayor's Court shall have full power and authority, upon conviction, to sentence such offender to labor upon the streets, or other public works, for a period not to exceed sixty days, or to impose a fine not to exceed one hundred dollars ($100); either or all of said penalties may be imposed in the discretion of the court. Its power and authority. SEC. XX. Be it further enacted, That the Mayor and each of the Aldermen shall be bound to keep the peace, and shall be exofficio Justices of the Peace, so as to enable them to issue warrants for violations of the criminal law of the State, committed within the city of Americus, and shall have full power, on examination, to commit the offenders to jail, or to bail them, if the offense be bailable, to appear before the court having jurisdiction. Have same powers as Justice of the Peace. SEC. XXI. Be it further enacted, That the Clerk and Treasurer of said city shall discharge all the duties imposed by this charter and the laws and ordinances of the city, and as may be required of him by the Mayor and City Council of Americus; and shall give bond with good security, in such sum as may be fixed by the said Mayor and City Council of Americus, conditional for the faithful performance of his duties as Clerk and Treasurer of said city. Clerk and Treasurers duties

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SEC. XXII. Be it further enacted, That the Mayor and City Council of Americus shall have full power to appoint or elect such officers as may be deemed necessary or proper, except as hereinafter provided; and shall have power to regulate the time, mode, and manner of electing or appointing such officers and agents; to fix their fees and salaries; to take their bonds; to prescribe their duties and their oaths, and may at discretion suspend, remove or discharge them at any time, with or without cause. Subordinate officers. SEC. XXIII. Be it further enacted, That for the purpose of raising revenue for the support and maintaining of the city government, the Mayor and City Council of Americus shall have full power and authority, and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, except such real property as is used for farming purposes only. To defray the ordinary annual expenses of the city government, a tax not not to exceed one-half of one per centum; to maintain a system of public schools as now established by law a tax not to exceed one-half of one per cent., and to pay any other extraordinary expenses of the city government, such tax not to exceed one-half of one per cent., as may be necessary in the discretion of the Mayor and City Council of Americus. Property tax. SEC. XXIV. Be it further enacted, That the Mayor and City Council of Americus shall, in its discretion, have the sole and exclusive right of granting license to retail malt, vinous and spirituous liquors within the city of Americus, and of fixing the rates of such license, and the terms upon which they shall issue, and to regulate and control the sale of the same; and may, for any violation of the laws or ordinances of said city, declare such license void. Retail liquor license. SEC. XXV. Be it further enacted, That the Mayor and City Council of Americus shall have power and authority to license, regulate and control all taverns, hotels, cafes; restaurants, boarding houses, livery stables, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billiard, pool or bagatelle table kept for public use; every keeper of a shooting gallery, ten-pin alley; upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivance; upon the keeper of

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flying horses, bycicle, velocipede or skating rinks, insurance agents, life and fire insurance companies, brokers, dealers in futures, loan agents and agents for any other business or calling whatever; keepers of slaughter-houses, beef markets, green groceries, dealers in fish, oysters, vegetables, fruits, breads and other articles of food; upon every junk shop, pawnbroker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which, under the laws and Constitution of the State of Georgia, are subject to license. Special license and avocation tax. SEC. XXVI. Be it further enacted, That the Mayor and City Council of Americus shall have power to levy and collect as street tax, in addition to other taxes, a tax not exceeding three dollars upon each and every male person between the ages of eighteen and fifty years, except licensed ministers of the gospel who are in the regular discharge of ministerial duty and in charge of one or more churches, and except all persons who have lost one leg or arm, provided that any person so taxed shall have the opportunity to work the streets of said city, and may relieve themselves of said tax by working on the streets for six days, under the control or direction of the City Marshal or other officer of said city; that upon the non-payment of said street tax or failure to work on the streets as provided in this section, the person so offending, after five days' notice, may be sentenced to work on the streets of said city for a number of days sufficient to pay all such taxes assessed against him at fifty cents per day, if the city provides rations, and at one dollar per day if the party provides his own rations, upon conviction before the Mayor's Court. Street tax and street work. Who are exempt. Defaulters. SEC. XXVII. Be it further enacted, That the Mayor and City Council of Americus shall have power and authority to appoint three freeholders, residents of said city, as a Board of Assessors of tax returns, whose duty it shall be to scrutinize carefully each return of property, real and personal, made by every tax-payer of said city; and if, in their judgment, they shall find the property embraced in said return, or any portion of it, returned below its value, they shall assess its true value; Provided, that the said assessors shall give the tax-payer written notice of their assessment; and in every case it shall be the privilege of the tax-payer to arbitrate with the assessors the value thereof; said arbitrators to be disinterested tax-payers residing in said city, one of whom shall be selected by the tax-payer, and the other by the Board of Assessors, and these two, if they disagree, shall select a third person, a majority of whom shall fix the value of the return, whose decision shall be final. Board of assessors. Arbitrators

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SEC. XXVIII. Be it further enacted, That the Mayor and City Council of Americus shall have full and complete control of the streets, alleys, sidewalks and squares of said city, and shall have power and authority to open, lay out, widen, straighten or otherwise change all streets, sidewalks, alleys and squares in said City of Americus. Whenever the said Mayor and City Council of Americus shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged, as to the amount of damages, the said Mayor and City Council of Americus shall choose one appraiser, and the owner of the land to be taken or damaged shall choose another appraiser, and the two thus chosen, if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being sworn to do justice between the parties, shall fix the damage to the owner of the property caused by the opening or changing of such street, alley or square; and if the property owner after five days' notice shall fail to name an appraiser, the Clerk and Treasurer shall appoint one for him; and in every case where the two appraisers chosen shall, for the space of five days, fail to agree upon the third appraiser, the said Clerk and Treasurer shall appoint such appraiser; Provided, the said appraisers, whether chosen by the parties or appointed by the Clerk and Treasurer, shall be citizens of said city. The award of the appraisers shall be in writing, and shall be filed within five days in the Clerk's office of the Superior Court of Sumter county, and shall thereupon operate as a judgment, and execution may issue thereon. Either party may, within ten days from the filing of the award, enter an appeal to the Superior Court of Sumter county. All costs, including the fees of the appraisers, shall be paid by the city; and at any stage of the proceeding to condemn before or after the final award, the Mayor and City Council of Americus may, by paying to the property owner all expenses, actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk or square. Authority to open or widen streets. Appraisers for condemned property. Proviso. Appeals. SEC. XXIX. Be it further enacted, That the Mayor and City Council of Americus shall have full power and authority to establish and fix such a system of grading and draining of the streets of said city as may be deemed proper; and shall have power to compel owners and lessees of property to construct and keep in good order the sidewalks in their front. If any owner or lessee shall fail to comply with the requirements of the Mayor and City Council of Americus in this regard, the work shall be done under the direction of the city, and execution shall issue for the cost and expense

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thereof against such owner or lessee, to be collected as other executions issued by the Clerk and Treasurer. Grading and drainage. How paid for. SEC. XXX. Be it further enacted, That the Mayor and City Council of Americus shall have full power and authority to establish and maintain a system of water works and sanitary sewerage for said city, and to compel lot owners to connect with said sewers; and may purchase or condemn any property within or without the city that may be necessary for either of said public works. In case it shall become necessary to condemn any property under this section, or for any other public works, the proceedings shall be the same as in section 28 of this charter. Waterworks and sewers. SEC. XXXI. Be it further enacted, That the said Mayor and City Council of Americus shall have power to fix and establish fire limits, and from time to time to enlarge, restrict or change the same; to provide a fire department and a system of fire alarms, within which fire limits as established it shall not be lawful for any one to build or cause to be built other than fire-proof buildings, except by special permission of said Mayor and City Council of Americus, which must be unanimous; and in case of an offense against ordinances passed in pursuance of this Act, the said Mayor and City Council of Americus, after five day's notice given, shall cause the said not fire proof buildings to be removed at the expense of the owners or builders thereof, to be collected by execution as other execution issued by the city; and the said Mayor and City Council of Americus shall have the right to determine what are or are not fire-proof buildings. Fire limits. Buildings that are not fire-pro may be removed. SEC. XXXII. Be it further enacted, That the said Mayor and City Council of Americus shall have power to remove any forge or smith shop when, in its opinion, it shall be necessary to insure safety against fire; they shall have power to cause any stove, stove pipe, or other thing which shall endanger the city as to fire, to be removed or remedied at the expense of the owner, as its prudence shall dictate. Precautions against fires. SEC. XXXIII. Be it further enacted, That the Mayor and City Council of Americus shall have power and authority to enforce by execution the collection of any amount due, or to become due to it for taxes, water rents, license fees, and taxes and assessments of every kind; for fines and forfeitures, for paving streets and sidewalks, lanes and alleys; for laying sewers and drains; for cleaning and repairing privies, and for any other debt or demand due the city. Such execution to be issued by the Clerk and Treasurer against the person, corporation or firm, by whom any such debt may be due, or may become due; which execution may be levied by the Marshal

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on the property of the owner against whom such execution shall issue, and the same sold as provided by Code of 1882, sections 3656 (a), 3656 (b), 3656 (c), and 3656 (d), for municipal sales for taxes. Executions How collected. SEC. XXXIV. Be it further enacted, That when any fi. fa. shall issue as provided in the preceding section, and shall be levied, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto, as now provided by law for claims under tax fi. fa. for State and county tax. Such claim to be returned to and heard in Sumter County Superior Court. Claims of illegality SEC. XXXV. Be it further enacted, That should the Mayor or any Alderman while in office be guilty of any wilful neglect, malpractice or abuse of power, he shall be subject to be indicted before the Superior Court of Sumter county, and on conviction shall be fined in a sum not exceeding five hundred dollars, and shall, moreover, be removed from office. Malpractice in office. SEC. XXXVI. Be it further enacted, That it shall be the duty of the Marshal of said city to prosecute all offenders against the laws of this State for crimes committed within the limits of the city of Americus. It shall moreover be his duty to arrest, or cause to be arrested, all disorderly persons; all persons committing, or attempting to commit any crime, and to commit them to the guard house or other place of confinement to await trial. It shall further be his duty to execute all processes and orders of the city; and to discharge any other duties imposed on him by the laws, ordinances, rules and regulations of said city. Duties of the Marshal. SEC. XXXVII. Be it further enacted, That it shall be the duty of the Marshal to levy all executions in favor of the city, and after advertising for thirty days, he shall sell the property levied on before the court house door in Americus, on a regular Sheriff's sale day, and between the legal hours of Sheriff's sales. If the property is divisible, he shall offer it in parcels, and shall sell at public outcry, to the highest bidder, and execute titles to the purchaser; and shall have the same power to place the purchaser in possession as Sheriffs of this State have. Marshal's sales. SEC. XXXVIII. Be it further enacted, That the Clerk and Treasurer shall be the custodian of the funds of the city, and shall be the keeper of the records thereof; shall be the Clerk of the Mayor's Court; shall issue all processes, and shall discharge all duties that may be required of him by the laws, ordinances, rules, regulations and resolutions of the Mayor and City Council of Americus. For any wilful neglect of duty or any abuse of the powers conferred on him, not amounting to a felony, the Clerk and Treasurer shall be subject to be indicted before the Superior Court

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of Sumter county, and on conviction, shall be fined in any sum not exceeding five hundred dollars, and may also be removed from office, in the discretion of the court. Pending any criminal charge against him the Clerk and Treasurer may, in the discretion of the Mayor and City Council of Americus, be suspended from office, and in case of his suspension the Mayor and City Council of Americus shall have power to appoint some person to discharge the duties of his office. Duties of the Clerk and Treasurer. Neglect of duty or abuse of powers. SEC. XXXIX. Be it further enacted, That any person who may be convicted before the Mayor's Court, shall have the right to appeal from the judgment of the Mayor's Court to the Mayor and City Council of Americus, and shall have a right to give bond and security in such sum as may be fixed by the Mayor for his appearance before the Mayor and City Council of Americus. The Mayor and City Council of Americus shall try all appeals de novo, and may, in its discretion, affirm the judgment of the Mayor, reduce or increase the punishment, or discharge the defendant. Appeals from the Mayor's court. SEC. XL. Be it further enacted, That any person who may be convicted before the Mayor and City Council of Americus, may, by giving notice of his intention to certiorari, suspend the judgment, and may be released from custody at once, upon giving bond with security in such sum as may be fixed by the Mayor for his appearance; Provided, all certioraris from said court shall be sued out within twenty days from the date of the judgment; and, provided, no such certiorari shall issue until all costs shall have been paid, or an affidavit be made by the defendant, showing his inability to pay cost. Certiorari. Proviso. SEC. XLI. Be it further enacted, That the said Mayor and City Council of Americus shall, before the month of April in each year, appoint seven fit and proper persons, who shall constitute the Board of Health of said city. It shall be the duty of said Board of Health, four of whom shall constitute a quorum, to meet weekly, or as often as may be necessary; to visit every part of the city, and to report to the Mayor and City Council of Americus all nuisances which are likely to endanger the health of the city; and the said Mayor and City Council of Americus shall have power, upon the report of said Board of Health, to cause any such nuisances to be abated, and their recommendation carried out in a summary manner, at the expense of the party whose act or negligence caused such nuisance, or of the owner of the premises, or both, as the Mayor and City Council of Americus may elect. And for the amount so expended, the Clerk and Treasurer shall forthwith issue an execution against the owner of the property on which the nuisance is located, or against the party whose act or negligence caused such nu isanc,

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or against both, as said Mayor and City Council of Americus may elect, and such execution may be collected by levy and sale, as other executions issued by the Clerk and Treasurer. All vacancies that may occur in said Board of Health may be filled by the said Mayor and City Council of Americus, as soon thereafter as practicable. Board of Health. Its duties. Abatement of nuisances. Vacancies. SEC. XLII. Be it further enacted, That the Mayor and City Council of Americus shall have power and authority to establish such quarantine regulations against persons who have been exposed to smallpox or yellow fever, as it may deem proper; and establish a smallpox hospital or pest-house; and, in case of smallpox or yellow fever within said city, to cause to be removed to said hospital or pest-house, all persons afflicted with such disease, except such persons as shall, at their own expense, provide suitable and sufficient guards to successfully quarantine the premises where said case, or cases, of smallpox or yellow fever may be located. Quarantine regulations SEC. XLIII. Be it further enacted, That the Mayor and City Council of Americus shall have power either to lay off, vacate, close, open, alter, curb, pave, and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters, for the use of the public or any of the citizens thereof; and to improve and light the same and have them kept free from obstructions, on or above them; to regulate the width of sidewalks on the streets, and to order the sidewalks, foot-ways, cross-walks, drains and gutters to be curbed and paved and put in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate market; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals, and fowls of all kinds from going at large in said city; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of the majority of the whole Council of said city, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near said city, places for the burial of the dead and to regulate the interment therein; to provide for the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and person of the citizens of said city, and to preserve peace and good order therein; and, for this purpose, to appoint, when necessary, a police force to assist the Marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the Mayor and City Council of Americus; to fix their term of service

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and compensation; require and take from them bonds, when deemed necessary, payable to the Mayor and City Council of Americus, with such securities and in such penalty as said Mayor and City Council of Americus may see fit, conditioned for the faithful discharge of their duties; to erect, or authorize or prohibit the erection of gas works, water works or electric light works in said city; to prevent injury to, or pollution of the same, or to the water or healthfulness of said city; to regulate and provide for the weighing of hay, coal, and other articles sold, or for sale in said city; and to provide a revenue for said city, and to appropriate the same to its expenses; to organize a chain-gang or work-gang to work upon the streets of said city; and, for sanitary purposes, shall have power to drain and keep clear of all obstructions, Muckalee Creek and its tributaries within the city, and for the distance of one mile from the corporate limits in any direction; and, to this end, may pass all necessary rules, regulations and ordinances, and to adopt rules and regulations for the government of its own body. Authority to open or close streets. Market. Hogs, cattle and sheep running at large. Police force. Gas, water and electric works. SEC. XLIV. Be it further enacted, That the Mayor and City Council of Americus shall have power and authority to establish police rules and regulations; to pass all laws and ordinances, not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said city. By-laws and ordinances. SEC. XLV. Be it further enacted, That there shall be a Board of Police Commissioners, consisting of five persons, neither of whom shall be a member of the City Council, to-wit: C. A. Huntington, M. B. Council, Thornton Wheatley, J. C. Nicholson and J. W. L. Daniel; the two first named to hold for the term of six years, the two next named to hold for the term of four years, and the last named to hold for the term of two years. At the first regular meeting in December, 1891, and each succeeding two years thereafter, an election shall be held by said remaining Board of Commissioners, for the term of six years, a Commissioner or Commissioners to succeed the Commissioner or Commissioners whose term or terms may then expire. Should a vacancy occur in the board from any cause than the expiration of the regular term, an election to fill said vacancy shall be immediately held by said board, and such incumbent shall hold until the unexpired term shall expire, and until his successor is elected and qualified. Each regular term shall begin at the date of the election, and close as hereinbefore declared, and until a successor is elected and qualified. Each member of the board, before entering on the duties of his office, shall take and subscribe this oath of office before some officer

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authorized to administer it: I swear that I will faithfully and impartially demean myself as a Commissioner of Police during my continuance in office. I have not, in order to influence my election to this office of Commissioner, directly or indirectly expressed or impliedly promised my vote or support to any person for any office in the city of Americus, nor for any other office. I will not knowingly permit my vote, in the election or appointment of any person to position on the police force, to be influenced by fear, favor or affection, reward or the hope thereof; but in all things pertaining to my said office I will be governed by my conviction of the public good. The oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the Clerk of the City Council. The Board of Police Commissioners, thus elected and qualified, shall have the exclusive power, and it shall be their duty, to appoint a Chief of Police and such other police officers and policemen as is or may be prescribed by city ordinance. This power extends to unexpired as well as regular terms. They shall keep a record of their proceedings, and one of said board shall act as Clerk thereof. They shall hold a stated meeting each month, and such other meetings as the public interest may from time to time require. Three shall constitute a quorum, with power to transact business. They shall exercise full discretion and control of the officers and members of the police force, in conformity to existing laws and ordinances, and such as may be made applicable to the subject. The police force of the city shall consist of a Chief of Police and such other officers and men as the City Council shall by ordinance prescribe. They shall take an oath faithfully and impartially to discharge the duties imposed on them by law and the city ordinances, and shall give such bonds as may be required of them by city ordinance. Their several terms of office shall commence on the first day of April and continue for two years. Their compensation shall be prescribed by ordinance, and shall not be increased or diminished during their respective terms. No extra pay or allowance or cost shall be made to them, or either of them. It shall be their duty to make arrests, in the manner prescribed by law, of persons violating penal law of this State. They shall perform such other duties as may be imposed by law of the State, or ordinance of the City Council. It shall be the duty of the Chief of Police to prosecute offenders before the Superior 'Court of Sumter county and the County Court of said county. For a failure to perform any duty required by law or the city ordinances, they may be suspended or removed from office by the Board of Police Commissioners.

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The mode of preferring accusations against them, and their trial, shall be prescribed by city ordinance. The City Council shall also prescribe the manner of suspending, until trial, the Chief of Police or any other police officer or policeman, when accusation is brought; and in all such cases the Board of Commissioners of Police may make appointments to the office or place of the suspended person, such appointee to hold during the suspension. The Mayor and General Council shall cause the entire police force of the city to be armed and so uniformed as to be readily recognized by the public as peace officers; the arms only to be furnished at the expense of, and to remain the property of the city. Police Commissioners. Term of office. Vacancies. Oath of office. Their duties and powers. Police force. Their duties. Neglect of duty. SEC. XLVI. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 11, 1889. AMENDING CHARTER OF MARIETTA. No. 633. An Act to amend an Act entitled an Act to amend the charter of the city of Marietta, in Cobb county, granted January 22d, 1852, and to amend an Act amendatory thereof, approved October 9th, 1885, so as to grant to the Mayor and Council the right to open out streets; to condemn land for said purposes; to enlarge the powers of the Mayor and Council, and for other purposes. SECTION I. Be it enated by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Mayor and Council of the city of Marietta shall have power and authority to lay out, open, work and repair any strect or streets that they deem deem necessary and proper for the best interest of said city. For this purpose they shall have the right to condemn any property, first paying just and adequate compensation for the property so used. They shall have the right to pass ordinances specifying the manner in which said property shall be condemned. Authority to open new streets SEC. II. Be it further enacted, That Section (2) two of said amended Act, approved October 9th, 1885, be, and the same is hereby, amended by striking out the words but shall not exceed two hundred dollars per annnum, being all of the words of the

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last line of the said section, including the word but being in the line next to the last line of said section. Amends section 2. SEC. III. Be it further enacted, That Section (5) five of said amended Act, approved October 9th, 1885, be, and the same is hereby amended by striking out the words No member of Council shall be eligible to hold either of the above offices. Amends section 5. SEC. IV. Be it further enacted, That Section (15) fifteen of the amended Act, approved October 9th, 1885, be, and the same is hereby amended by striking from said section in the third line thereof the words not exceeding ($200.00) two hundred dollars, so as to give the Council the right to fix the salary of the Mayor. Mayor's salary. 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 November 11, 1889. INCORPORATING CITY OF EMERSON. No. 636. An Act to incorporate the city of Emerson, in Bartow county; provide for its government; define its powers, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That the present town of Emerson, in the county of Bartow, shall be, and it is hereby incorporated as a city, and shall be known as the city of Emerson. Corporate name. SEC. II. The corporate limits of said city shall include the territory included within a circle one mile in diameter, which has for its center the intersection of the Western and Atlantic Railroad and Wisconsin Avenue, in said town. Corporate limits. SEC. III. And be it further enacted, That the corporate powers of said city shall be vested in a Mayor and Aldermen, who shall be elected on the second Wednesday of December next, and the second Wednesday of December of each year thereafter, and shall hold their offices for one year, and until their successors are elected and qualified; and all persons resident within the corporate limits of said city, who are qualified to vote for members of the General Assembly, shall be entitled to vote at said election. Annual elections. SEC. IV. The first election provided for in Section III of this Act shall be held under the control and supervision of the Justice of the Peace of the Militia District in which said city of Emerson

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is located, assisted by any two freeholders of said district whom he may select for that purpose; and the persons so presiding shall publicly declare the result of said election so held by them, and shall give their certificates of election to the persons elected, and the persons receiving the largest number of votes shall be entitled to such certificates. All subsequent elections shall be held in such manner as the Mayor and Aldermen may be ordinance prescribe. How elections shall be held. SEC. V. And be it further enacted, That said Mayor and Aldermen before entering on the duties of their respective offices shall take an oath to well and truly discharge the duties of the offices to which they have been elected, which oath shall be administered to them by any officer of this State authorized to administer oaths. Oath of office. SEC. VI. And be it further enacted, That said Mayor and Aldermen shall, each of them, be ex-officio Justice of the Peace within the corporate limits of said city, so far as to authorize them to issue warrants for offences committed within the limits of said city against the laws of said city and said State, and bail and commit offenders according to law, and all warrants issued by either of them shall be directed to the Marshal of said city, and all and singular, the Sheriffs and Constables of this State; and it shall be the duty of said officers faithfully and promptly to execute said warrants, and said Marshal shall have the same authority to execute warrants within the limits of said city as now belongs to the office of Sheriff. Mayor and Aldermen authorized to act as Justices of the Peace. SEC. VII. Be it further enacted, That said Mayor and Aldermen shall have power to remove nuisances whether the same be in the streets or on the lots of individuals or incorporate companies, or institutions; to remove obstructions upon the public streets; to build a market-house and to establish a market, and to pass such ordinances in relation thereto as they may deem proper; to license billiard tables and ten-pin alleys, livery stables and eating saloons; upon such terms as they may deem proper, and to suppress or renew the same when they shall deem it proper, and to punish by fine or imprisonment, or both, at their discretion, all persons who shall have or keep the same for public use or amusement, without first obtaining license. Said Mayor and Aldermen shall have the right of punishing by fine or imprisonment, or both, all persons who shall retail spirituous or fermented liquors within the limits of said city. Corporate powers. Sale of liquors. SEC. VIII. And be it further enacted, That said Mayor and Aldermen shall have power to tax or license, or both, all insurance, banking or railroad companies and their agents doing business within said city, and subject to taxation for county purposes, and

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all persons practicing law, medicine, dentistry, and all persons carrying on business of ambrotyping or picture making in any of its branches, and all other businesses, and to prescribe and enforce such penalties as they shall deem proper for failure to comply with their regulations relating to either kind of business. Special license and avocation tax. SEC. IX. Be it further enacted, That said Mayor, or in his absence, any one or more of the Aldermen, may, at any time, hold a court for the trial of offenders against the laws and ordinances of said city, and may punish for any violation of either, by fine not exceeding one hundred dollars, or by imprisonment not exceeding ninety days, or both. Police court. SEC. X. Be it further enacted, That said Mayor and Aldermen shall be a body corporate, and as as such, they and their successors may be sued and sue, plead and be impleaded, and hold real and personal estate for the use of the said city, and to sell and dispose of the same, and to borrow money and contract for city improvements and repairs. General powers. SEC. XI. Be it further enacted, That if vacancies shall occur in the board, the same shall be filled by an election ordered by the remaining members of the board, and the person so elected shall hold office as long as his predecessor would have held the same if said vacancy had not occurred. Vacancies. SEC. XII. Be it further enacted, That said Mayor and Aldermen shall have power to pass all laws and ordinances that they may consider necessary to the peace and good order, health, prosperity, comfort and security of said city, and the citizens thereof, not inconsistent with the Constitution and laws of this State, and the United States. By-laws and ordinances. SEC. XIII. Be it further enacted, That said Mayor and Aldermen may assess, levy and collect, in such way, mode and manner, by assessors or otherwise, a tax on all real estate and personal property, and on notes, claims and evidences of debt, held, possessed, kept, or owned within the corporate limits of said city, and the tax so assessed, and that assessed on all other kinds of property, both real, personal and mixed, shall not exceed the limit prescribed by the Constitution of this State. Property tax. SEC. XIV. Be it further enacted, That said Mayor and Aldermen shall have power to organize and equip such fire department as they may deem necessary, and also to provide a sufficient supply of water for said city in such way and manner as they shall deem for the interest of said city, and to levy and collect, in the manner already authorized, such taxes as may be proper for such purposes. Fire department.

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SEC. XV. Be it further enacted, That said Mayor and Aldermen may by a tax laid for that purpose, or by the issuance of bonds provide for a system of free and public schools in said city of Emerson. But no tax shall be laid on bonds issued for such purpose until two-thirds of the registered voters of said city shall have been assented thereto at an election held for that purpose. Public schools. SEC. XVI. Be it further enacted, That said city shall be divided into four wards, and each ward shall be entitled to two Aldermen, all of whom, as well as the Mayor, shall be elected by general tickets, all voters voting for such candidates, not exceeding eight Aldermen and a Mayor, as they may desire. City wards. SEC. XVII. Be it further enacted, That said city shall be divided into four wards, to be known as the First, Second, Third and Fourth Wards. The first ward shall embrace all the territory lying east of the Western and Atlantic Railroad and north of Wisconsin ave; the second ward shall include all the territory south of Wisconsin ave and east of the said railroad; the third ward shall include all territory south of Wisconsin avenue and west of said railroad, and the fourth ward shall embrace all territory west of said railroad and north of said Wisconsin avenue. Ward boundaries SEC. XVIII. Be it further enacted, That the persons authorized by this Act to conduct the first election for Mayor and Aldermen of said city, shall open books at least thirty days before the day of election, and close them five days before said time, wherein they shall, upon application, enroll and register the names of all persons qualified by the terms of this Act to vote at said election; and none except those so registered shall be allowed to vote at said election. And the Mayor and Aldermen shall by proper ordinance provide for the subsequent registration of all qualified voters of said city, and none except those so registered shall be allowed to vote. Books of registration. SEC. XIX. Be it further enacted, That a majority in number of said Mayor and Aldermen shall constitute a quorum, and in the absence of a Mayor a quorum shall elect one of their number to preside as Mayor pro tem. Mayor pro tem. SEC. XX. Be it further enacted, That the Mayor and Council of said city shall have power to enact all ordinances necessary to compel persons liable to road duty, under the laws of this State, and residing in said city, to work an equal number of days upon the streets of said city, as they are now required to work upon the public roads, or in lieu thereof to pay such commutation in money as may be prescribed by said Council; and such persons shall not be liable to road duty outside said corporation. Street work and commutation tax.

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SEC. XXI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. NEW CHARTER FOR CEDARTOWN. No. 640. An Act to amend, consolidate and supersede the several Acts incorporating the town of Cedartown, in the county of Polk; to confer additional powers upon the corporate authorities thereof, and otherwise to amend the charter of said town, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That, from and after the first Tuesday of February, 1890, the several Acts incorporating the town of Cedartown, in the county of Polk, as well as the various Acts amendatory thereof, be, and the same are hereby amended, consolidated and superceded; that the town of Cedartown shall continue to exist, but is hereby constituted a city under the name of the City of Cedartown; that from and after the said first Tuesday of February, 1890, the charter of said city shall be and read as contained in the foregoing and following several sections. Corporate name. SEC. II. Be it further enacted, That the said city of Cedartown is hereby incorporated, and that the inhabitants of the territory hereinafter designated are made a body corporate, and that the municipal government of the city of Cedartown, in the county of Polk, and State of Georgia, shall be vested in a Mayor, Recorder and five Councilmen, who are hereby constituted a body politic under the name and style of the Mayor and Council of the City of Cedartown, and by that name shall succeed to all the rights and liabilities of the present corporation of the town of Cedartown, after the said first Tuesday in February, 1890; that said municipal government shall have perpetual succession, and shall have power and authority to make, ordain and establish from time to time such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security, welfare and interest of said city of Cedartown and the inhabitants thereof; and for preserving the health, morals, peace and good order of the same, not in conflict with the Constitution

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and laws of this State or of the United States; and shall have power and authority, and in and by said corporate name to contract and be contracted with, to sue and be sued, to plead and be impleaded in any of the courts of this State; to have and use a common seal; to hold all property, real or personal, now belonging to said town to the use of said city, for the purposes and interests for which the same were granted or dedicated; to acquire by gift or purchase, or otherwise, such other real or personal property, within or without the limits of said city as may hereafter be deemed necessary or proper for corporate purposes; and to use, manage, improve, sell, convey, rent or lease any and all of said property, as may be deemed advisable for corporate interest. Corporate powers. SEC. III. Be it further enacted, That the corporate limits of said city shall extend one-half of a mile in all directions from the court house square in said city, excepting on the east side as here-inafter provided for; the boundary line shall be known and described as follows: Commencing on the north side of Rockmart street at a point one-half of a mile from the court house square and running west, forming a part of a circle, to, and crossing the Rome road (Main street) at a point one-half of a mile from the court house square; thence west to, and crossing Cave Spring street, one-half of a mile from the court house square; thence south and crossing Prior street one-half mile from the court house square; thence south to, and crossing Main street on the south at a point one-half mile from the court house square; thence east to Vineyard Hill, to the point forming the southeast corner of what is known as the Eastern Extension; thence directly north to the south side of Rockmart street and the northeast corner of said Eastern Extension, said last two lines being straight. The question of extending the city limits shall be submitted to the people of the district to be included; and if two thirds of the tax-payers shall petition the Mayor, Recorder and Council of the city to extend the corporate lines so as to include them, the same shall be done; and in case any individual living beyond the limits of said city shall petition said Mayor, Recorder and Council to be included within the corporate lines, the same shall be done. Corporate limits. Boundary line. Question of extending city limits must be submitted to the people. SEC. IV. Be it further enacted, That an election under this charter shall be held at the county court house in said city, or at such other place as the Mayor and Council may direct or designate in said city, on the first Tuesday in January, 1890, and on the first Tuesday in January of each year thereafter, for Mayor, Recorder and five Councilmen, who shall hold their office for one year, and until their successors are elected and qualified; and should there

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fail to be an election held in said city at the time above specified, from any cause whatever, or should a vacancy in the office of Mayor, Recorder and Councilmen occur, from death, resignation or otherwise, the Mayor (or Mayor pro tem. ) of said city shall order an election held in said city for Mayor, Recorder and Councilmen (or Mayor, Recorder and Councilman, as the case may be) by publishing said notice in some newspaper of said city. Said notice shall be given ten days before said election; Provided, however, that if any one of said offices shall become vacant at any time within sixty days of the current annual municipal election, the Mayor pro tem. shall act and become Mayor, and his place filled by appointment from the legal voters of said city. Annual elections. Proviso. SEC. V. Be it further enacted, That the superintendents of all municipal elections shall be appointed by the old or retiring Council; that all said elections held under this Act shall be conducted according to parts 1, 2, 3, 4, 6 and 7 of Section 1288 of the Code of 1882 of this State; and said parts of said section are hereby made applicable to such elections, and which are hereby adopted as a part of this charter; and the superintendents of such elections shall make return thereof to the Mayor and Council of said city as soon as the same can be consolidated; and Mayor and Council shall hear and determine and decide all contests within ten days after such election, and their decision shall be final and binding. The superintendents of all municipal elections shall consist of three freeholders within the corporate limits of said city, and said superintendents shall take and subscribe an oath for the due performance of their duty as such, and shall have all the powers incident to superintendents of State and county elections in this State. Superintendents of election. Returns. SEC. VI. Be it further enacted, That any person who shall vote at any city or municipal election when he has not resided in this State one year, and in the county of Polk for six months, and said city of Cedartown for sixty days, next preceding the election at which he so voted, or who shall vote at such election, who has not paid all taxes, fines and assessments in lieu of street duty, which he has had an opportunity of paying agreeable to law, or who has not registered according to this Act, or who has been convicted in this State of any crime involving moral turpitude, punishable in this State by imprisonment in the penitentiary, unless pardoned, or any person who shall buy or sell a vote, shall be indicted for a misdemeanor, and on conviction in any court in this county having jurisdiction, shall be punished as prescribed in Section 4310 of the Code of Georgia of 1882. Penalty for illegal voting.

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SEC. VII. Be it further enacted, That the Mayor, Recorder and Councilmen shall, before entering upon the discharge of their duties, each take and subscribe an oath to discharge faithfully the duties of their office; and this oath shall be also required to be taken by each person appointed to office by them. Any officer of this State authorized to administer an oath shall be qualified to administer the same. Oath of office. SEC. VIII. Be it further enacted, That the Mayor, Recorder and Council of said city shall have special power and authority therein to lay off, vacate, close, open, alter, widen, curb, pave and keep in good order and repair all streets, avenues, alleys, lanes, sidewalks, cross-walks, drains, sewers, gutters for the use of the public, or any citizen of said city, and to improve and light the same, and have them kept free from any obstructions of any kind; to regulate the width of the sidewalks and cross-walks on the streets, and to order the sidewalks, cross-walks and footways to be curbed and paved and kept in good order, free from filth of any kind, by the owners and occupants thereof, or of the real property next adjacent thereto; and if such owner or occupant thereof shall fail or refuse to so curb, pave, remove obstructions, or clean such sidewalk when so ordered, the Mayor and Council shall have the same done, and the cost of the same when done shall become a lien on such adjacent property, and the same shall be collected by execution, to be levied on such property, which shall be sold under the same rules and regulations as govern other Marshal's sales in said city; to establish and regulate markets; to prescribe the time for holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep, horses, mules, goats, asses, and all other animals and fowls of all kinds, from going at large in said city, or in any prescribed territory therein; to protect places of divine worship; to abate or cause to be abated anything which, in the opinion of the Council, is a nuisance; to regulate the keeping and selling of gunpowder, kerosene, and all other combustible and hazardous articles of merchandise; to guard against danger and damage by fire; to regulate the running and management of steam engines and locomotives, whether for factories, furnace, cotton gins or railroads, within the corporate limits of said city, or for any and all sorts of vehicles, howsoever drawn or propelled, that may traverse or cross any streets, avenues, alleys, lanes or roads; to guard against and prevent the fast driving or riding of any horses on the main streets of said city; to provide, lay out, improve and maintain public parks, squares or pleasure

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grounds and walks; to provide places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses, or other structures, and for the making of street and division fences for the owners of adjacent property; the drainage of lots by proper drains and ditches; to define the duties and prescribe the powers of all officers or agents appointed by them; fix their salary and term of office; require and take from them such bonds as will protect the tax-payers of said city, and conditioned for the faithful discharge of their duties; to erect or authorize the erection of gas works, or prohibit the same; to erect or prohibit the erection of water works in the city; to prevent injury to the springs and water sources within said city; to regulate and provide for the weighing of hay, coal, cotton and all other articles of merchandise bought and sold by weight within said city; to provide a revenue for the city, and appropriate the same to its expenses; to provide suitable ordinances for the annual assessment of taxes on all property, real or personal, subject to State and county tax, within the corporate limits of said city; to levy a special tax on all professions and callings, or business carried on in said city. Duties and powers of the Mayor, Recorder and Council. Markets. Nuisances. Cemeteries Gas and water works. SEC. IX. Be it further enacted, That the Mayor, Recorder and Council shall have authority to grant licenses to public wagons, drays, carts, trucks and other vehicles conveying persons or property for hire in said city, and to prescribe fees for such licenses, and to levy and collect a special tax from any person, firm or corporation following or carrying on any profession, business, trade or avocation in said city. Special license and taxes. SEC. X. Be it further enacted, That said Mayor, Recorder and Councilmen shall have power to levy and collect by execution or other legal process, a tax upon all the property, both real and personal, within the corporate limits of said city, and upon all banking, insurance and other capital employed therein, including all cash, notes, mortgages or other evidence of debts held in said city. Provided, that the rate of tax hereby authorized shall not exceed three-fourths of one per cent. upon the assessed value of such property. Said Mayor, Recorder and Council shall have power to levy and collect a special tax upon all shows, circuses and other exhibitions; and on all peddlers and itinerant traders and venders of goods or medicines; all keepers of pool and billiard tables and all otherlike tables; ten-pin alleys, and all other alleys or places kept for the purpose of playing on or renting; also upon all dogs within the corporate limits. Property tax. Proviso. Special taxes.

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SEC. XI. Be it further enacted, That it shall be the duty of the Mayor, Recorder and Council of said city, on or before the first day of March, 1890, and annually thereafter, on or by said first day of March, to appoint three upright, intelligent and discreet freeholders of said city, to serve as a Board of Tax Assessors for said city for the term of one year, and until their successors are appointed and qualified; and if from any cause the place of any one or more of said Borrd of Assessors is made vacant, said Mayor, Recorder and Councilmen shall cause the same to be supplied by appointment, as before provided; and before entering upon the discharge of their duties, said Board of Assessors shall each take and subscribe an oath to faithfully and impartially report all real estate in said city, subject to taxation, and assess the same at the reasonable and just value thereof, on the first day of May of each year. It shall be the duty of said assessors, between the first days of May and July of each year, to make out a complete list of all lots in said city, as shown by the maps thereof, and all real estate in said city not divided into lots, and to assess for taxation each lot and parcel of land at its reasonable and just value, on said first day of May of each year; the list so made out shall show the name of the owner, if known, and his residence, the number of the lot, if platted or numbered; if not, then such description shall be given as is necessary to locate the property, opposite which description shall be set its value as assessed by said board. Board of Tax Assessors. Assessors oath. Their duties. SEC. XII. Be it further enacted, That all processes, writs, warrants, subp[oelig]nas, executions or other papers shall be issued by the Recorder of the Council, in the name of the Mayor of said city, and signed by said Recorder; and it shall be the duty of the Marshal of said city to serve all such processes,, and to levy all exeeutions as may be placed in their hands in favor of said city, and to advertise and sell the property so levied upon in the manner prescribed in section 36 of this Act. Writs and processes. SEC. XIII. Be it further enacted, That the Mayor, Recorder and Council shall have power to require every male inhabitant of said city, who is subject to road duty under the laws of this State, to work such length of time on the streets of said city, as said Mayor, Recorder and Council shall by ordinance direct; or they may prescribe a commutation tax to be paid by such persons in lieu of said work; and they shall have power to enforce obedience to their laws and ordinances under this section by a fine, imprisonment, or work on the streets as provided in section 41 of this Act, and no tax paid in lieu of such work, nor any money arising from fines or forfeitures for failure of persons to perform such work, shall

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be used for any purpose except in payment for work done, or improvements put on the streets or sidewalks. Street work. Commutation tax. SEC. XIV. Be it further enacted, That said Mayor, Recorder and Councilmen shall have power and authority to establish and maintain a system of sewerage and drainage in and around said city, for the health, cleanliness and comfort of its inhabitants; and in all cases where it becomes necessary to take or use private property or injure private rights, and the owners of said property or the persons so injured, and the Mayor, Recorder and Council cannot agree as to the amount of damages to be paid to the injured party, the damages shall be assessed as is provided in section 44 of this Act; and the same rights of appeal, etc., as therein provided, shall also prevail in condemning property in this section. And said Mayor, Recorder and Council shall have entire and absolute control and jurisdiction of all soil pipes, private drains and sewers, water closets and privy vaults in said city, with full power to prescribe their location, structure, uses and preservations, and to make such regulations concerning them in all particulars as may seem best for the preservation of health and the comfort of the inhabitants of said city, with power also to require changes in or the total discontinuance of any such contrivances and structures. Sewerage and drainage. Damages for condemned property. SEC. XV. Be it further enacted, That said Mayor, Recorder and Council shall have power and authority to establish and maintain a system of water works for said city and the inhabitants thereof, and they shall have power to acquire any property or rights either within or without said city limits necessary or appropriate for affording a complete and sufficient supply of water for said city; and said Mayor, Recorder and Council shall have power to cause such examinations and surveys to be made for the work contemplated in this section, as shall be necessary or proper to the selection of the most advantageous location or site for locating all the works and appliances for the purpose of bringing the water and distributing it in the city, and for carrying out the object of this section; and for such purpose, said city, by its officers, agents, servants or employes shall have the right and power to enter upon the land or water of any person which might be necessary for the proper construction, operation and security of their works, and condemn and take such land, water and right-of-way, first making just compensation therefor as provided by law for private property taken for public use, and all damages to be assessed as provided for in section 44 of this Act. System of water-works. SEC. XVI. Be it further enacted, That said Mayor, Recorder and Council shall have power and authority to light the streets in

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said city by means of gas, electricity, or such other means as they may see proper to adopt, and for this purpose they shall have power to lay mains and pipes along any street or highway in said city. Gas and electric lights. SEC. XVII. Be it further enacted, That said Mayor, Recorder and Council shall have power and authority to establish and fix fire limits in said city, and from time to time to extend and enlarge the same in their discretion; within which fire limits, when established, it shall not be lawful for any person to erect other than fire-proof buildings; and should any person erect or cause to be erected any building or other structure not fire-proof within the fire limits so established, said Mayor, Recorder and Council, after giving ten days' notice, shall cause the same to be removed at the expense of the owner, to be collected by execution, as provided in section 36 of this Act. And should the owner of such buildings or structures fail or refuse so to do, such owner may be punished as prescribed in section 41 of this Act. And should any person, after receiving like notice, continue to work on and aid in erecting such building or other structure, they shall be liable to the like penalties. Said Mayor, Recorder and Council shall have power to determine, either from their own knowledge or from the advice of competent persons appointed to examine the same, what buildings or other structures are fire-proof, and what buildings are not. Fire limits. Buildings that are not fire-proof may be removed. SEC. XVIII. Be it further enacted, That any person, company, or corporation owning real estate in said city, desiring to improve the same, or which has already been improved, located upon any street, avenue or alley, the grade of which has not been fixed and established, shall possess the right to have the grade of such street, avenue or alley permanently established by complying with the following requirement, to-wit: The owner, his agents or attorney shall make affidavit stating the ownership and the description of the property, and the improvements done, or to be done. That such improvements have, or are to cost, above the sum of two hundred dollars, and that he desires to have the grade of such street or alley permanently established. Said affidavit, or a copy thereof, shall then be served on the Mayor, Recorder and Council, who shall, within thirty days thereafter, have the necessary surveys made, and fix the grade of such street or alley, and make a plat showing the same, and shall deliver it to the applicant, together with the affidavit of the surveyor, showing that the same is correct and fair, and upon the same being filed, together with the original affidavit of the applicant, in the office of the Clerk of the Superior Court of Polk county for record, the owner shall thereupon have a vested right to such grade, and shall be entitled to recover damages

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from said city for any injury done to said property, should the city thereafter alter such grade. Grade of street must be permanently established SEC. XIX. Be it further enacted, That said Mayor, Recorder and Council shall have authority to organize and maintain a fire department at the expense of said city. Fire department. SEC. XX. Be it further enacted, That said Mayor, Recorder and Council shall have authority to regulate, restrict or prohibit the sale of spirituous, malt or intoxicating liquors or bitters in said city, and the violation of any ordinance adopted by authority of this section shall be punished as is prescribed in section 41 of this Act. Sale of liquors. SEC. XXI. Be it further enacted, That it shall not be lawful for any person holding any office in said city, whether by election or by appointment, to be interested, either directly or indirectly, in any contract to which said city is a party; and any contract made in violation of this section shall be void as against said city, and any such officer violating this provision shall be dismissed from his office, and, in addition, shall be punished as prescribed in section 41 of this Act. Officers prohibited from participating in contracts. SEC. XXII. Be it further enacted, That said Mayor, Recorder and Council shall have authority to appoint a Board of Health for said city, and also a Board of Water Commissioners and Gas Commissioners, and also Street Commissioners and City Attorney, and such number of Marshals and Deputy Marshals as they shall deem proper and necessary, and such other officers and agents as may be necessary to the interest of said city; to prescribe their duties and fix their compensation. Any of said officers and agents may be appointed from their body, and they shall have power at any time to remove any of said officers or agents. Board of Health. Subordinate officers. SEC. XXIII. Be it further enacted, That said Mayor, Recorder and Council may compel the payment of any tax, fine, assessment or forfeiture by execution, levy and sale as prescribed in section 36. Executions SEC. XXIV. Be it further enacted, That said Mayor, Recorder and Council shall provide by ordinance the manner in which bonds for the appearance of offenders against the ordinances may be forfeited and collected. Appearance bonds SEC. XXV. Be it further enacted, That the Mayor, Recorder and Council shall require to be kept in books provided for that purpose, full and correct accounts of all the acts and doings of said Mayor, Recorder and Council and all other officers and agents of said city, and such books shall be at all times subject to inspection by any citizen tax-payer of said city; said Mayor, Recorder and

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Council shall also make or cause to be made, by the person having such matters in charge, an annual statement and account, under oath, of the financial condition of saic city; such account shall be a full and itemized statement of all moneys collected, when and from what source collected, of all amounts paid out, and when and on what account paid out, the sums due the city and from what source due, the existing liabilities of said city and the balance on hand. This statement and account shall be made and published on or before the first day of January in each year. Minutes. Annual statements. SEC. XXVI. Be it further enacted, That said Mayor, and in his absence, the Mayor pro tem., shall preside at all meetings of the Council, but the Mayor shall have no vote except in case of a tie. The Mayor shall have the revision of all ordinances, orders and resolutions passed by the Council, and said Mayor shall have five days after the meeting at which any ordinance and order or resolution was passed, in which to file with the Recorder of the Council, in writing, his dissent thereto, which, when filed, shall have the effect to defeat such ordinance, order or resolution; but, notwithstanding such veto, said Recorder and Council may by a vote of two-thirds of all the members of the Council pass such ordinance, order or resolution, and in the absence of the Mayor, the veto power may be exercised by the Mayor pro tem. Duties of the Mayor. SEC. XXVII. Be it further enacted, That if any person, after having been tried and convicted before the Mayor or Mayor pro tem, shall be dissatisfied with such judgment of conviction, such person shall have the right to certiorari the same to the Superior Court of Polk county, under the same rules and regulations as governs in cases of certiorari from the Justice to the Superior Court of this State, except that in all cases of certiorari the party dependant shall pay the costs which have accured, and give a good and sufficient bond, to be judged of and approved by the presiding officer, payable to said Mayor, Recorder and Council, conditioned to pay such fine and costs as may have been adjudged against him, as well as all future costs in said case. Appeal from Mayor's court. SEC. XXVIII. Be it further enacted, That the salary of the Mayor and all other officers and agents of said city shall be fixed at the first regular meeting of each newly elected Council, or when elected and appointed to office, and shall not be changed during the year, or the time for which they were elected or appointed; that sections 786, part (a), 794 and 795 of the Code of Georgia for 1882 are hereby adopted and declared to be a part of this Act. Salaries. SEC. XXIX. Be it further enacted, That the Mayor, Recorder and Council shall have authority to pass such ordinances as they

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may deem best for the exempting from city or municipal taxation any manufacturer, person, company or corporation for a period of not longer than eight years. Manufacturing enterprises may be exempt from taxation. SEC. XXX. Be it further enacted, That the Mayor, Recorder and Council of said city shall have full power, whenever they may deem necessary, to require all railroads in said incorporation to make crossings on their several roads for the convenience of the traveling public, and to keep the same open for travel; and to pass all ordinances needful for the carrying out of the provision of this section; and in case the railroads, as aforesaid, shall fail and refuse to fix said crossings when notified so to do, the Mayor, Recorder and Council shall have power to put the same across such railroads at the expense of said railroad, and may issue their execution and levy and collect the same, as is provided in section 36 of this Act for issuing, directing, levying and selling property of individuals. Railroad crossings. SEC. XXXI. Be it further enacted, That it shall be the duty of the Recorder of the city to open books for the registration of voters on the first Saturday in November, 1890, and every year thereafter before each annual election, at 10 o'clock a. m., and keep the same open from day to day, from 10 a. m. to 6 p. m., until the first Saturday in December, when the same shall, at 6 p. m., finally close; in which said book shall be inscribed the names of the persons entitled to vote in said city, and his place of residence, and occupation; and the Recorder must not permit any one to register who is not entitled to do so, and if he does so knowingly he shall be discharged from office. Each person registered shall pay to the Recorder of said city a registration fee of five cents, which shall be used as the Mayor, Recorder and Council of said city may prescribe, and no person who is not registered shall be allowed to vote at any election in said city for officers thereof, or for any measure or matter effecting the same, unless such person has become 21 years of age after said books were closed. Books of registration. Registration fee. SEC. XXXII. Be it further enacted, That the superintendent of all elections for Mayor, Recorder and Council, held by authority of this Act, shall have the same conducted according to parts 1, 2, 3, 4, 6 and 7 of section 1288 of the Code of 1882 of this State, and said parts of said sections are hereby made applicable to such elections, and which are hereby adopted as a part of this charter, and the superintendents of such elections shall make return thereof to the Mayor, Recorder and Council of said city as soon as the same can be consolidated, and said Mayor, Recorder and Councilmen

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shall hear and decide all contests within ten days after such elections, and their decisions shall be final. Manner of holding elections. Contests. SEC. XXXIII. Be it further enacted, That any person who shall vote at any city or municipal election when he has not resided in this State one year, and in the county of Polk and said city of Cedartown for the space of six months, next preceding the election at which he so voted, or who shall vote at such election who has not paid all taxes, fines and assessments in lieu of street duty, which he has had an opportunity of paying agreeable to law, or who has not registered according to this Act, or who has been convicted in this State of embezzlement of public funds, malpractice, bribery or larceny, or any crime involving moral turpitude punishable in this State by imprisonment in the penitentiary, unless pardoned, or any person who shall buy or sell a vote or votes, shall be indicted for a misdemeanor, and on conviction in any court in this county having jurisdiction, shall be punished as prescribed in section 4310 of the Code of Georgia. Qualified voters. Punishment for illegal voting. SEC. XXXIV. Be it further enacted, That all taxes, fines and assessments due the city of Cedartown, shall rank as debts due the public, whether in the administration of the assets of the decedent or otherwise; and tax executions in favor of the city shall have the same lien on property as judgments have by law. Taxes, fines and assessments. SEC. XXXV. Be it further enacted, That the Mayor, Recorder and Council of said city of Cedartown shall have power and authority to borrow money and contract loans for the public good, when, in their judgment, it shall be for the interest of said city to do so; also to issue bonds and pledge the property, faith and credit of said city for the payment of debts so incurred, where now allowed by law, as prescribed in section 508, parts i, j, k, and l of the Code of Georgia for 1882, which said sections are adopted as part of this Act. Authority to borrow money. SEC. XXXVI. Be it further enacted, That all persons owning or claiming personal property of any and every kind, sort or description, subject to taxation, living or residing within the corporate limits of said city, or who is engaged in any sort of business or calling, either by himself or agent, in said city, shall on or by the first day of July of each year, make a return of the same to the Tax Assessor, together with the value of the same on the first day of May of each year, under oath and upon the blanks furnished by the City Tax Assessor; in which returns all the personal property owned by the person on the first day of May must be included, and all the following facts and questions must be fully set forth and answered:

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1. What and how many businesses are you engaged in, either individually or as a partner or otherwise, in said town? 2. How much capital have you in any bank or banking house doing business in the city? 3. How much capital has any bank or banking house in said town, of which you are president? 4. How much capital or stock have you in any business or loan association or building and loan association in this city? 5. How much capital have you in stocks and bonds of any association of any kind in this city? 6. How much money have you on hand? 7. What is the gross value of your notes, book accounts, or other obligations for money, and the market value thereofwhether the same are against persons or debtors within or without the State? 8. What is the value of your merchandise of all kinds on hand? 9. How much capital have you invested in bondsexcept bonds of the United Statesas are by law, exempt from taxation? 10. What is the value of your household furniture, including your tableware? 11. What is the value of your kitchen furniture? 12. What is the value of your office furniture? 13. What is the value of your pianos, organs or other musical instruments? Questions to be propounded to and answered by all tax payers. 14. What is the value of your sewing machines? 15. What is the value of your gold watches? 16. What is the value of your silver watches? 17. What is the value of your watches made from material other than gold or silver? 18. What is the value of your gold and silver ware? 19. What is the value of your diamonds and jewelry, worn by owner or not? 20. What is the value of your horses? 21. What is the value of your mules and asses? 22. What is the value of your cattle? 23. What is the value of your sheep? 24. What is the value of your goats? 25. What is tbe value of your hogs? 26. What is the value of your carriages, wagons and buggies? 27. What is the value of your agricultural tools, implements and machinery? 28. What is the value of your library, pictures, paintings and statuary?

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29. What is the value of yout cotton, corn, and other farm products, on hand and for sale? 30. What is the value of your guns, pistols, bowie knives and such articles? 31. What is the value of your portable saw-mill or saw mills, gins, engines and all other machinery, stationary and otherwise, and not returned as part of the realty? 32. What is the value of all other property not herein mentioned? SEC. XXXVII. Be it further enacted, That if any person shall fail or refuse to make such returns under oath by the first day of July in each year, the Board of Tax Assessors shall assess the personal property of the person so failing to make returns, at double the actual cash value thereof of said property; and if any person shall make any returns of personal property which the Board of Assessors may deem incorrect, then said Board shall assess such personal property, and fix such value upon it as they may deem just and reasonable. If the owners of any real or personal property conceive that said assessors have placed too great a value on such property, such owners or their agents may appeal to a Board of Arbitration, provided the same is done within thirty days after the taxes become due; said last named Board of Arbitrators to be selected as follows, and from the freeholders of the city of Cedartown: the party or parties that feel aggrieved shall select one freeholder; the Mayor, Recorder and Council shall select another, and the two thus selected shall agree upon the third freeholder; the Board of Arbitrators thus selected shall proceed to hear and determine the value or values of the property in dispute at the time when the Tax Assessor placed his valuation on the same. The action of said Board of Arbitrators shall be final in the premises. If any tax payer thinks any property has been assessed too low by the Board of Assessors, then such person can and shall have the right to have such assessment reviewed by a Board of Arbitrators, selected in the manner as herein provided for; where persons appeal iu cases where they think the valuation is too great, the action of said Board of Arbitrators shall be final in the premises. The lists of all real estate assessed as herein provided, and all personal property returned by the owner or owners, or assessed as herein provided, shall be completed by said Board of Assessors and returned by them to the Mayor, Recorder and Council, on or before the first day of August, of each year; and within fifteen days thereafter said City Council shall ascertain and declare the rate to be levied and collected from such assessments and returns, and the tax so levied shall be due and payable on the fifteenth day of September in the

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year for which they are levied. And when the taxes so levied are not paid before the fifteenth day of October in each year, the same shall be collected as follows: An execution shall be issued by the Recorder, directed to the Marshal of said city, against the real and personal estate of each defendant or defaulter, and in case of real estate, the owner of which is unknown, against the said real property, describing the same by number and location, which execution shall be levied by a Marshal or his deputy of said city, and after advertising the same once a week for four weeks, in some newspaper published in said city, he shall sell the property so levied on before the door of the Mayor's court house or room in said city, on some regular Sheriff's sale day and within the legal hours of Sheriff's sales; and the deed of said Marshal or his deputy shall be as effectual to pass the title to property thus sold, as the deed of the owner of such property; Provided, that the property thus sold may be redeemed by the owner thereof within six months from such sale, upon such owner paying to the purchaser the amount paid out by him in such purchase, together with twenty per cent. on the same. The Mayor, Recorder and Council shall prescribe, by ordinance, the compensation to be paid said assessors. Penalty'for failure to make tax returns. Right to appeal to board of: arbitrators. How selected. When assessors lists shall be closed. Manner of collecting taxes. Marshal's sales. Proviso. SEC. XXXVIII. Be it further enacted, That the Mayor shall be chief executive officer of said city, and it shall be his duty to see that the ordinances, rules, acts, regulations and resolutions of the Council are faithfully executed, and during any absence or disability of the Mayor, the Recorder and Council shall select one of their number who, during such absence or disability, shall act as Mayor pro tempore, with all the powers and duties of the Mayor. Mayor's duties. Mayor pro tem. SEC. XXXIX. Be it further enacted, That the Mayor, Recorder and Councilmen before entering upon the discharge of their duties shall each take and subscribe an oath to discharge the duties of their office, and this oath they shall also require to be taken by each person appointed by them. Oath of office. SEC. XL. Be it further enacted, That if the office of Mayor, Recorder or Councilman shall, or any one of them shall become vacant at any time more than sixty days previous to a regular election for Mayor, Recorder and Councilmen, it shall be the duty of the Mayor, or, in case of a vacancy in the office of Mayor, the Recorder and remaining Councilmen, to fill said vacancy by selecting a qualified citizen or citizens of said city to fill said vacancies for the balance of the year. Vacancieshow filled. SEC. XLI. Be it further enacted, That in all elections for Mayor, Recorder and Councilmen, the election shall be managed and presided over by three freeholders of said city, and the persons

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elected either as Mayor, Recorder or Councilman shall take and subscribe the oath of office, hereinbefore prescribed, before some officer of this State authorized to administer an oath, and the certificate of such managers shall be sufficient authority to the person elected. The managers of said election shall be selected by the old or retiring Mayor, Recorder and Councilmen. Managers of elections. SEC. XLII. Be it further enacted, That the Mayor of said city shall have jurisdiction to try all persons charged with violation of any law or ordinance, rule or regulation of said city, and to punish such persons when properly convicted, by fine not to exceed one hundred dollars, imprisonment in the calaboose of said city not to exceed fifty days, and to work at hard labor on the streets or such other public works of said city as the Mayor shall adjudge, not to exceed fifty days. Any one, or all of these punishments may be inflicted, in the discretion of said Mayor or person acting as Mayor in the trial of offenses. Jurisdiction of the Mayor. SEC. XLIII. Be it further enacted, That the Mayor of said city shall be invested with authority and power of a Justice of the Peace, so as to suppress all riots, breaches of the peace, and commit for violations of the criminal laws of Georgia within the limits of said city, and to arrest, confine or bind over all offenders against the laws of this State, to answer for such offenses before the proper tribunal; and may issue warrants on affidavits made before him, and may hold courts of inquiry, as other Justices of this State, when the offense was committed in said city. Mayor has powers of Justice of the Peace. SEC. XLIV. Be it further enacted, That the Mayor's Court of said city is hereby established and declared to be a Court of Record, and shall be presided over and its sessions shall be held by the Mayor or the Mayor pro tempore of said city, and shall be held as often as said officer of said court may determine; and the Recorder of said city is hereby declared to be Clerk or Recorder of the Mayor's Court. Said court shall have jurisdiction and cognizance of and over all offenses against any violations of the ordinances and by-laws and rules and regulations of said city, and shall have power to impose on each person convicted thereof such punishment as may be prescribed in the ordinances, rules and regulations of said city, and not inconsistent with the provisions of this Act for violations of the same; and shall have the power to fine or imprison, or fine and imprison, for contempt, and may enforce the collections of fines by execution issued, directed and returned as tax executions are provided to issue in this Act, and shall enforce all such imprisonments by mittimus, directed to the Marshal or Deputy Marshal of said city, and in all prosecutions in said city,

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and the same shall be commenced by affidavits as prescribed in Section 4715 of the Code of Georgia, upon which a warrant shall issue and be signed by the presiding officer of said Mayor's Court, which shall be in form of warrant described in Section 4716 of the Code of Georgia, except that it shall be directed only to the Marshal or Deputy Marshal, or Policeman of said city, and shall require the person therein named to be taken before the said Mayor's Court of the city of Cedartown for trial; and on this warrant and affidavit the issue of guilty or not guilty shall be formed, and the trial proceed whenever the case is sounded in open court, unless continued under the rules of law as far as they can be applied to said court; and it shall only be necessary, in such affidavit, to describe the offense alleged, with sufficient particularity as that the Judge of said Court may readily understand the nature of the charge and no more; and if such affidavit and warrant should be dismissed for want of informality, either on demurrer before trial or be detected afterwards, and at any time before judgment, and whether the case is pending before the Mayor's Court on appeal before the Mayor and Council, the same will be nolle prosequied, and another, and another, and another, be sued out, and so on from each dismissal until one should be drafted sufficient for the purpose, and from the judgment of said Mayor's Court, there shall be an appeal within ten days, to the Mayor and Council of said city after it is entered, unless continued under the rules of law granting continuance in this State, as far as the same can be applicable; and before such appeal is received, the defendant shall pay all costs, and give bond for his personal appearance to abide the final judgment in said case; and whenever a person is arrested by authority of this Act, it shall be lawful for him to enter into a bond to be approved by the Marshal of said city, conditioned for the faithful appearance of such person to answer such charge, when the same shall be heard, and shall be made payable to the City Council of said city of Cedartown; which bond shall be forfeited on the non-appearance of the defendant in the same manner in said court as penal bonds are forfeited in Superior Courts of this State. And no certiorari shall be allowed or granted to the decision of said Mayor's Court until the same has been appealed before the Mayor and Council and the decision there confirmed or sustained in whole or in part until all costs have been paid to the Recorder of the Court of said city and bond given for the appearance of the petitioner in certiorari to answer the final judgment of the Court in that matter; but there shall be no appeal or certiorari from a fine or commitment for contempt; but such fine for contempt shall not exceed five dollars or

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imprisonment for contempt not exceeding five days; and the presiding officer of said Mayor's Court, or the presiding officer over the Council when sitting on appeal cases, shall have the power to summon any witness residing in the county of Polk or in said city to appear and testify for prosecution or defense. But the Mayor or Mayor pro tempore, who heard the case in the Police Court, shall not be allowed to sit in the trial of the said case in appeal before the Mayor and Council of said city. Mayor's Court established. Its powers. Form of warrant. Appeal. Appearance bond. Certiorari. SEC. XLV. Be it further enacted, That if, in the judgment of the Mayor, Recorder and Council, it shall at any time become necessary to open, widen, or in any manner alter any street, alley, sidewalk or other passway in said city, they shall have full power to order the same done, upon complying with the following rules: If the owner of the property to be affected by such alteration conceives that he will be damaged thereby, and if such owner and said Mayor, Recorder and Council shall be unable to agree as to the fact of such damage, or the amount thereof, said Mayor, Recorder and Council shall cause to be served on such owner or his agent, notice of their intention to condemn such property, describing in such notice, the property sought to be condemned, and to state the quantity sought to be taken, and the purpose for which it is to be taken; which notice shall, also, state the time and place the proceedings to condemn such property will be had, which shall not be less than five nor more than ten days from such time of service. It shall be the duty of said Mayor, Recorder and Council to select one upright and intelligent freeholder of said city, and the owner of such property, or his agent, may select one such person, or if he shall fail or refuse to make such selection, then it shall be the duty of the Justice of the Peace of the militia district in which said city is situated, to select some intelligent and upright citizen freeholder, as aforesaid; and it shall be the duty of the two persons selected, in either way above named, to select a third upright and intelligent citizen of said city; and it shall then be the duty of said three persons to inspect the property sought to be condemned, and to hear such evidence pertaining thereto, as the parties may offer, taking into consideration the enhanced value, if any, of the property by reason of the opening, widening or altering such streets, alleys, sidewalks, or other passways, as the case may be; and from the decision of said freeholders there shall be an appeal by either party to the Superior Court of Polk county, under the same rules and regulations as govern appeals from Justices' Courts to the Superior Court. The Mayor, Recorder and Council, upon payment, or tender to the owner, or his agent, of any sum found by said arbitrators, shall have the right to

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proceed to open, widen, or alter such street, alley, or sidewalk, notwithstanding any appeal by the owner of such premises. Authority to open or widen streets. Damages for condemned property. Selection of arbitrators. SEC. XLVI. Be it further enacted, That nothing in this Act shall be construed so as to repeal or annual An Act to authorize the town of Cedartown, in Polk county, Georgia, to establish and maintain a system of public schools for said town, approved September 9th, 1887, and any and all acts amendatory thereof, but said Act is adopted and made a part of this Act. Does not effect system of public schools. SEC. XLVII. Be it further enacted, That any and all ordinances, rules and regulations now of force in said town of Cedartown, and not inconsistent with this Act, shall be and remain in full force and effect after the first Tuesday of February, 1890, until altered, amended or repealed by said Mayor, Recorder and Council. Ordinances not inconsistent with this Act remain in force. SEC. XLVIII. Be it further enacted, That all laws and parts of laws in conflict herewith, the same be, and are hereby repealed. Approved November 11, 1889. AMENDING CHARTER OF ATHENS. No. 642. An Act to amend the charter of the city of Athens, to fix the term of office of the Mayor of said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That hereafter the Mayor of the city of Athens shall be chosen for a term of two years or until his successor is elected and qualified. The provisions of this Act shall apply to the Mayor, who shall be chosen at the annual election held on the first Wednesday in December, 1889, and the Mayor of said city shall be elected biennially thereafter on the first Wednesday in December under the same rules and regulations as now govern the election of Mayor and Aldermen of said city. Mayor's term of office. 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 November 11, 1889.

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AMENDING ACT EXTENDING CORPORATE LIMITS OF COLUMBUS. No. 646. An Act to amend an Act to extend the corporate limits of the city of Columbus, in the county of Muscogee, and for other purposes, approved November 14, 1888, by authorizing the Mayor and Council of the city of Columbus from time to time, as they may see fit, to declare by resolution that so much of the territory named in the aforesaid Act as they may deem proper, shall be a part of the city of Columbus for all purposes and subject to taxation. SECTION I. WHEREAS, The General Assembly of the State of Georgia did pass an Act entitled an Act to extend the corporate limits of the city of Columbus, in the county of Muscogee, and for other purposes, approved November 14, 1888, and by the first section of said Act the corporate limits of the city of Columbus were extended for police purposes so as to include the following territory within the following limits, to-wit: Commencing on the eastern side of the present city limits so that the north line of the Coweta Reserve shall be the north line of said extension, and the east line of lot No. 74 in said Coweta Reserve shall be the east line of said extension, and the south line of said extension shall be the road known as the Middle road, which runs west from the old Female Academy to the present city cemetery, and the west line of said extension shall be the present east line of said city of Columbus; and, whereas, said extension of said city limits has nearly all of the benefits of the city of Columbus and none of its burthens, 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 first of the above recited Act be amended by adding to the end thereof the following proviso: Provided, nevertheless, that full power and authority is hereby conferred on the Mayor and Council of the city of Columbus from time to time, as they may see fit, to declare by resolution that so much of the territory named in the aforesaid first section of said Act as they may deem proper shall be a part of said city of Columbus for all purposes and subject to municipal taxation by said city of Columbus. Preamble. Amends section 1. SEC. II. Be it further enacted by authority aforesaid, That said resolution or resolutions shall become of full force and effect one

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year after the passage of the same by the City Council of Columbus, and so much of said territory above described as shall be included in said resolution or resolutions aforesaid, shall then become a part of said city of Columbus, not only for police purposes, but for all purposes whatsoever, and subject to municipal taxation by said city of Columbus; Provided, however, that previous to passage of said resolution or resolutions, the same shall be published in full, once a week for five weeks, in one or more daily newspapers published in the City of Columbus; and, provided further, that upon the passage of said resolution or resolutions, a majority of all members elected to the said City Council shall have voted in its favor. When resolutions of Council regarding extension of city limits go into effect. 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 November 11, 1889. AMENDING NEW CHARTER FOR CITY OF ATLANTA. No. 648. 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 regulate the manner in which ordinances may be adopted, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act to establish a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows, to-wit: SEC. II. All ordinances requiring action by the Mayor and General Council in joint session shall undergo one reading, each at two different regular, or special, or called meetings, or at one regular and one called meeting, before adoption, except that by a two-thirds vote of the members present, an ordinance may be read twice at the same regular, called or special meeting, and adopted. All ordinances requiring action by the Mayor and Council and Board of Aldermen separately, shall undergo one reading each, at two different regular or special or called meetings of the Mayor and Council, or at one regular and one called meeting, before adoption, except that by a two-thirds vote of the members thereof present, an ordinance may be read twice at the same regular, called or

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special meeting and adopted. An ordinance requiring separate action and concurrence by the Board of Aldermen shall undergo such reading only in said Board as said Board may by rule prescribe. Reading new ordinances. Number of times required. 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 November 11, 1889. AMENDING CHARTER OF VALDOSTA. No. 654. An Act to amend the charter of Valdosta, approved October 24th, 1887, and for other purposes in regard thereto. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that Section 11 of the charter of Valdosta, approved October 24th, 1887, be amended so that said Section 11 shall read as follows, to-wit: That the Mayor and Council of Valdosta shall have full power and authority to open and lay out new streets and alleys; to widen, straighten or otherwise change any of the streets or alleys of said city; whenever in the exercise of said power it shall be necessary to take private property the said Mayor and Council shall make proper compensation to the owner or owners thereof: Provided, that if the said Mayor and Council and the owner, or owners, or his or their agent, cannot agree as to amount of compensation or damage to be paid, then the said Mayor and Council shall cause to be served on the owner, or owners, or his or their agent, written notice of their intention to condemn such property, which notice must describe the property sought to be condemned, the purpose for which it is used, the time and place when the proceedings to condemn such property will be held, which shall not be less than five nor more than ten days from the date of the service of said notice. It shall then be the duty of the said Mayor and Council to appoint one freeholder of said city, and the owner or owners of the property sought to be condemned, his or their agent, shall appoint another freeholder: Provided, if said owner or owners, or his or their agent, shall fail or refuse to appoint such freeholder, then the Mayor and Council shall appoint the second freeholder, and the freeholders appointed in either way above named, shall select a third freeholder, and the three freeholders shall, after taking an oath to faithfully

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discharge their duties, hear all legal evidence offered by the parties and assess the amount of compensation to be paid to the owner or owners of the land and render their award, which must be signed by at least a majority of the said assessors and filed with the Clerk of Council. Either party, if dissatisfied with the award of the assessors, may within four days after the same is filed, enter an appeal to the Superior Court of Lowndes county. The Mayor and Council upon payment or tender to the owner or owners, or his or their agent, of the sum found by the assessors, shall have the right to proceed to open and lay out such street or alley, or to widen, straighten or otherwise change the street or alley pending any appeal by the owner or owners of the property. Amends section 11 of original charter. Damages for condemned property for city purposes. Proviso. Award. Appeals. SEC. II. Be it further enacted, That said Mayor and Council shall have full power and authority to establish, maintain and operate a complete system of sewerage and drainage in and around said city, and to acquire any property or rights, either within or without the limits of said city, necessary and appropriate for carrying said Act into effect; and in all cases where it becomes necessary to take or use private property, or injure private rights, and the said Mayor and Council and the owner or the owners cannot agree as to amount of compensation or damages to be paid, the same shall be assessed as provided for in section one of this Act. System of sewerage and drainage. SEC. III. Be it further enacted, That said Mayor and Council shall have full and absolute control of all said pipes, sewers, private drains, water closets and privy vaults in said city, with full power to prescribe their location, structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. Council has absolute control of sewers, etc. SEC. IV. Be it further enacted, That said Mayor and Council shall have power and authority to establish and operate a system of water works for said city, and they shall have power and authority to acquire any property or rights, within or without said city limits, necessary for affording a complete and sufficient supply of pure water for said city, and for bringing the water and distributing it in said city; and whenever it becomes necessary to take or use private property or private rights, and the said Mayor and Council and the owner or owners thereof cannot agree as to amount of compensation or damages to be paid, then the said compensation or damages shall be assessed as provided in section one of this Act. Waterworks. Use of private property. SEC. V. Be it further enacted, That said Mayor and Council shall have power and authority to regulate the use and distribution of the water in all places, and for all purposes, and from time to

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time shall fix the price thereof, and the time of payment; and they may erect such public hydrants in such places as they may see fit, and direct in what manner they shall be used. Distribution of water. SEC. VI. Be it further enacted, That said Mayor and Council shall have full power and authority, in their discretion, to grade, pave or otherwise improve the streets and sidewalks of said city. Authority to pave streets. SEC. VII. Be it further enacted, That said Mayor and Council shall have full power and authority to assess the cost of paving or otherwise improving the sidewalks on the real estate abutting on the street and on the side of the street on which the sidewalk is so improved. Cost of paving streets. SEC. VIII. Be it further enacted, That the amount of the cost assessed on each piece of real estate shall be a lien on such real estate from the date of the ordinance providing for the paving or otherwise improving the sidewalks and making the assessment. Liens for paving. SEC. IX. Be it further enacted, That said Mayor and Council shall have power and authority to enforce the collection of any assessment made for work done on the sidewalk, by execution, to be issued, levied, etc., as prescribed in section (19) nineteen of the charter of Valdosta, approved October 24, 1887; Provided, that the defendant shall have the right to file an affidavit of illegality, denying the whole or any part of the amount for which the execution issued is due. If any part of the amount of the execution is admitted to be due, the same must be paid to the Marshal before the affidavit can be received. The affidavit, when received, shall be returned to the Superior Court of Lowndes county to be tried as other illegalities. May enforce collection of cost for paving, etc. Proviso. SEC. X. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed. Approved November 11, 1889. NEW CHARTER FOR TALLULAH FALLS. No. 687. An Act to amend an Act entitled an Act to incorporate the town of Tallulah Falls, in the county of Rabun, to appoint commissioners for the same, and for other purposes, approved October 7, 1885. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the above recited Act

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be, and the same is hereby repealed, and that the following be substituted in lieu thereof, and the same is hereby adopted as the Act incorporating the town of Tallulah Falls, in Rabun county, Georgia: Repeals old charter. An Act to incorporate the town of Tallulah Falls, in the county of Rabun, State of Georgia, and to define the corporate limits thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the town of Tallulah Falls, in the county of Rabun, is hereby incorporated, and the limits of said town shall extend for one-half mile in every direction from the depot of the Blue Ridge and Atlantic Railroad at Tallulah Falls. Corporate limits. SEC. II. Be it further enacted, That the municipal government of said town shall consist of a Mayor and four Councilmen. Govermment. SEC. III. Be it further enacted, That the said Mayor and four Councilmen shall be elected on the first Saturday in January of each year, and shall hold office until their successors are elected and qualified, said election to be held and conducted as members of the General Assembly are elected, and the laws governing election of members of the General Assembly are hereby made applicable to the election of said officers for said town. Said Mayor and Councilmen shall give notice of said election to the voters of said town. No one shall vote at elections in said town who is not qualified to vote for members of the General Assembly in said county, and who has not resided six months in said town, and who has not paid all taxes due said town. Annual elections. Qualified voters. SEC. IV. Be it further enacted, That said Mayor and Council shall have power to appoint a Marshal, Treasurer or any other officer needful to govern said town, and to fill by appointment all vacancies that may occur in said Council until the next regular election of officers, and said officers shall be sworn to faithfully and impartially discharge the duties of their offices, which oath shall be filed and entered upon the minutes of said Council. Subordinate officers. SEC. V. Be it further enacted, That said Mayor and Council shall be a body corporate under the name and style of the Mayor and Council for the town of Tallulah Falls, and shall be capable of sueing and being sued, pleading and being impleaded, in any court of law in this State, and shall have power to pass and enact all laws and ordinances which may seem to them proper and just, not repugnant to the laws of this State and the United States, and to punish all offenders by fine not to exceed fifty dollars, or imprisonment or work upon the streets of said town not more than thirty

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days, and either or all of these penalties may be imposed at the discretion of said Mayor. Corporate powers. SEC. VI. Be it further enacted, That said Mayor and Council shall have power and authority to levy and collect a tax not exceeding the rate of tax of the State on all real and personal property in said town subject to State tax, and to levy and collect a special tax on all shows and exhibitions for gain. Taxes. SEC. VII. Be it further enacted, That said Mayor and Council shall have full power to regulate the sale of intoxicating liquors, and to fix the price of license for the retailing of the same in said town; Provided, said tax or license shall not be less than fifty dollars; and to fix the price of license that said Mayor and Council agree upon, any sum that a majority of said Council may concur in, or to prohibit the sale of liquors within the corporate limits of said town, should a majority of said Council so determine. Liquor license. Proviso. SEC. VIII. Be it further enacted, That said Mayor and Council shall provide for the working and repairing of the streets of said town, and shall require all persons residing within the corporate limits, subject to road duty under the laws of said State, to work on said streets the number of days prescribed for road hands by the State laws, or to pay money in such commutation as the said Mayor and Council fix in lieu of such work, not exceeding one dollar per day. Street work. Commutation tax. SEC. IX. Be it further enacted, That the Mayor of said town shall be ex-officio Justice of the Peace, so far as the issuing of warrants against any offender against the penal laws of this State within the corporate limits of said town, and bind them over to the Superior Court, and in default of bond to commit them to the common jail of said county. Mayor's power in state cases. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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INCORPORATING TOWN OF WILLACOOCHEE. No. 674. An Act to incorporate the town of Willacoochee, in the county of Coffee, State of Georgia, and to grant election powers and privileges to the same, and for other purposes. SECTION I. Be it enated by the Senate and House rf Representatives of the State of Georgia, That from and after the passage of this Act, the town of Willacoochee, in the county of Coffee, shall be a body corporate, with the corporate limits of said town extending one-half mile each way from the Brunswick and Western Bailroad depot in said town. Said corporation may sue and be sued, plead and be impleaded; make and publish such ordinances and by-laws as may promote the interest of the same, and do all other acts usually allowed corporations: Provided, they do not conflict with the Constitution of this State and the United States. Corporate limits. Corporate powers. SEC. II. Be it further enacted, That Aaron Moore, M. N. Safford, Dr. Jeff Wilcox, D. E. Gaskin, J. Q. Hammond and J. S. Bostick be, and they are hereby appointed as Commissioners of said town of Willacoochee, to serve until their successors are elected and qualified as hereinafter provided. Town Commissioners. SEC. III. Be it further enacted, That said Commissioners shall organize by electing one of their number Chairman or Mayor of said town, and a majority of members present shall constitute a quorum for the transaction of business. Authority to organize. SEC. IV. Be it further enacted, That on the first Monday in January, A. D. 1890, and annually thereafter, elections for one Mayor and five Councilmen or Aldermen, shall be held, who shall hold their offices for one year and until their successors are elected and qualified. All persons residing within the corporate limits of said town thirty days next preceding any election, and who are duly qualified electors of said State, shall be deemed qualified electors of said town. Qualified voters. SEC. V. Be it further enacted, That the said Mayor and Town Council shall thirty days before any election give notice by publication or otherwise of said election, time and place of holding the same, together with the officers to be elected. Said elections shall be by ballot and conducted as other elections are held under the laws of this State. The managers shall certify to the Mayor the result of said election, who shall declare the person receiving the highest number of votes as Mayor for the Mayor of said town, and

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the persons receiving the five highest number of votes for Councilmen as Councilmen or Aldermen of said town. Notice of elections. How held. Result. SEC. VI. The Mayor and Councilmen shall have the power to appoint one Marshal, one Tax Receiver, one Tax Collector, one Clerk, one Treasurer and one Town Surveyor, all of whom shall be resident citizens of said town, excepting the Town Surveyor, who may reside outside of the limits of said town. The above said officers shall hold their offices for one year. Subordinate officers. SEC. VII. No person shall be elected and installed as Mayor or Town Councilmen of said town unless they are freeholders of said town. And before entering upon the duties of the offices to which they are elected, shall take and subscribe before some officer having legal jurisdiction, the oath or affirmation required of officers of this State. Oath of office. SEC. VIII. Be it further enacted, That the Town Council shall have power to levy a tax on all property in said town, both real and personal, not to exceed one-tenth of one per cent. for the support of the corporate government of said town; to open and keep up streets, and for the promotion of the interests of said town. Taxes. SEC. IX. Be it further enacted, That the Town Council shall have power to tax all shows, performances in legerdemain, venders in patent medicines, peddlers, etc. Special taxes. SEC. X. The Town Council shall have power to enforce its ordinances; to punish disorderly conduct of persons by fine, or imprisonment, or both, or to commit for violations of the statute laws of the State. To enforce ordinances SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. AMENDING CHARTER OF GUYTON. No. 699. An Act to amend the charter of the town of Guyton, Effingham county, Georgia. SECTION I. Be it enacted by the General Assembly, That the jurisdictional limits of the town of Guyton, Georgia, shall extend

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one mile beyond the present defined corporate limits of said town, so as to give to the Mayor and Aldermen of said town the control and regulation of all shops and stores therein, and of preserving good order and peace therein, under such rules and regulations as from time to time may be advisable. Corporate limits extended. SEC. II. Be it further enacted by the authority aforesaid, That the Mayor of the town of Guyton, Georgia, for the time being, and during his absence, or inability to discharge his official duties, the chairman of Council, or such other officer as may by law, or ordinance, or vote, or rule of Council of the said town, be at such times his substitute, shall have full power and authority to issue warrants for the arrest of all persons charged upon affidavit before such officer, or other lawful magistrate, with having committed, within the jurisdictional limits of said town of Guyton, offenses against any penal law of this State, and to take the examination of such persons, and the same to discharge or commit to prison, or let to bail, according to law, to answer such charge before the proper court, having jurisdiction of the same, in the same manner as Justices of the Peace of the several counties of the State now, or hereafter may have by law, and to issue such warrant according to law, to be executed within the jurisdictional limits of said town of Guyton; all such warrants may be executed by the Marshal or Deputy Marshal, or any Constable of said town, and be returned before said Mayor or his temporary official substitute as aforesaid; and the said Mayor or substitute as aforesaid may by warrant, issued as aforesaid, cause suspected places to be entered in as full and ample a manner as any other magistrate of this State may, with a view to the detection and prevention or punisment of offenses within said jurisdictional limits of said town, against the laws of this State, or the ordinances of said town of Guyton; Provided, this Act shall not allow the Town Council to interfere with the stock, or the rights of the citizens to hunt and shoot, and the exercise of other peaceable pursuits within the territory herein added, or to assess any taxes within said territory without the consent of the owner of the property. Authority of the Mayor. Execution of warrants. 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 November 12, 1889.

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EXTENDING CORPORATE LIMITS OF NEWNAN. No. 704. An Act to extend the corporate limits of the city of Newnan, in the county of Coweta, over lot of land No. forty (40), in second district of Coweta county, on which is located Pearl Spring Park, for police purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the corporate limits of the city of Newnan are hereby extended so as to embrace, for police purposes, lot No. forty (40) in the second district of Coweta county, Georgia, upon which is situated the lake, building and property of Pearl Spring Park Association, said land being about two and a half (2) miles south of Newnan, and that the Mayor and Council of said city are hereby empowered to pass such ordinances for the preservation of peace and good order and for the protection of property within said limits, as they may see fit and proper. Corporate limits extended. SEC. II. Be it further enacted, That the power so granted shall not authorize the collection of any taxes from the property belonging to said association. Exempt from taxation. SEC. III. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Approved November 12, 1889. CREATING OFFICE OF RECORDER FOR OXFORD. No. 718. An Act to authorize the people of the town of Oxford, or their Board of Commissioners, to elect a Recorder for said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that on the first Tuesday in December, 1889, there shall be elected by the Board of Commissioners of the town of Oxford, Newton county, Georgia, a Recorder, whose duty it shall be to try all cases of violation of the town ordinances. His term of office shall be one year,

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and his salary shall be paid out of the fines and forfeitures of cases tried by him. Said fees shall be graduated according to the amount of fines, as the Board of Commissioners deem best. Office of Recorder. SEC. II. Be it further enacted, That the Recorder shall keep a record of all cases tried by him, and he shall file the same with the Clerk of the Recorder's Court. Record of cases. SEC. III. Be it further enacted, That the Clerk of the Board of Commissioners shall be the Clerk of the Recorder's Court, and his term of office shall be as now prescribed by the ordinances or by-laws of said town. His salary shall be of such amount as the Board of Commissioners deem best. Salary. SEC. IV. Be it further enacted, That the Board of Commissioners shall pass such ordinances, by-laws, rules and regulations concerning how such officer shall be elected, (whether by the Board of Commissioners or the people of said town,) and the duties, salary and powers of said Recorder and Clerk as they deem best, and not against the Constitution of the United States or the State of Georgia. How elected. 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 November 12, 1889. AMENDING CHARTER OF BRUNSWICK. No. 720. An Act to alter and amend an Act entitled An Act to consolidate the several Acts incorporating the city of Brunswick and for other purposes therein mentioned, approved August 27th, 1872, and an Act entitled an Act to amend an Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes therein mentioned, and to confer additional powers on the Mayor and Council of the city of Brunswick, approved February 25th, 1876, so as to prescribe for the assessment and return of property for taxes; to authorize the issuing of executions for unpaid taxes against person and property; to prescribe the time for the sale of property under tax executions; to authorize the Mayor and Aldermen of said city to buy in property at tax sales; to provide for the disposition of funds arising from such sales; to provide for claims of property levied on for taxes and the trial of the same; to prohibit and regulate the walking on the streets of said city of disreputable characters

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after six (6) o'clock at night; to give the authorities of said city complete control over and power to license, limit and confine to districts, and at pleasure to refuse license to retail or wholesale liquors of any sort; to enlarge the jurisdiction of said authorities over quarantine and extend it beyond the limits of said city; to provide for compelling attendance of a quorum; to provide the time and manner of electing all officers of said city; to define who are eligible to such offices; to prescribe causes for removal or dismissal of such officers; to define who shall be entitled to vote at the elections for Mayor and Aldermen and other elections in said city; to create a Board of Police Commissioners for said city, define their powers and duties, prescribe by whom they shall be appointed, the term of their office; to authorize said Mayor and Aldermen to control, govern and exercise a general supervision over all water works, gas works and electric light plants and all such companies; to locate quarantine grounds in or out of the city and condemn lands therefor; to establish and maintain a wharf line or lines; to create the office of Recorder and Recorder's Court and other offices of said city, and define their duties and powers; to regulate and control the speed and manner of anchorage of all ships and vessels within the waters within said city; to construct and maintain a system of sewerage and compel connection by private parties with sewer mains, and to carry sewers beyond and across any water courses within fifteen miles of said city, and otherwise to amend said charter so as to confer additional powers on said Mayor and Aldermen and repeal portions of said Acts and amendatory Acts, and so forth. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act, and the said amendatory Acts, be, and the same are hereby, altered, changed and amended as hereinafter and to say. SEC. II. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Mayor of said city, who has not attained the age of thirty years, and no person shall be elected Alderman who has not attained the age of twenty-five years, and who is not a legal voter of said city, and a resident thereof for at least two (2) years previous to his election; and no one is qualified for either office who is not a citizen of the United States. Who are eligible to office of Mayor or Aldermen. SEC. III. Be it further enacted by the authority aforesaid, That section 2 of said Act of 1872 be amended by requiring each voter to have paid all taxes, and that each voter must have been for

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twelve months a resident of this State, and six months a resident of said city, and so as to prescribe the excuse for not registering, so that when said section is so amended it shall in the latter part thereof, and after the word Aldermen, in the third line, read as follows: All male persons who are citizens of the United States, and shall have resided in this State twelve months immediately preceding, and within the corporate limits of Brunswick for six months immediately preceding the election, and who shall have registered as hereinafter provided, unless absent during the whole period of registration on lawful business, pleasure or illness, from said city, and who shall have attained the age of twenty-one years, and shall have paid all taxes legally imposed and demanded by the authorities of said city, and of the county of Glynn, and State of Georgia, for the year next preceding the year of the election he offers to votc at, and all such taxes before that time, which it was his duty to have paid and which he had an opportunity to pay, shall be qualified to vote. Qualified voters. SEC. IV. Be it further enacted by the authority aforesaid, That section 3 of said Act of 1872 be amended by substituting in lieu thereof the following stated matter, so that said section shall, when amended, read thus: That all elections for Mayor and Aldermen of said city shall be held by the Clerk and Treasurer of said city and a member of the Board of Aldermen and one freeholder, or by three freeholders, residents of said city, and shall be held at the place where the meetings of the Mayor and Aldermen are held. And the polls at such elections shall be opened at seven o'clock in the morning and closed at six o'clock in the evening; and the person receiving the highest number of votes for Mayor shall be declared duly elected, and the persons receiving the highest number of votes for Aldermen shall be declared duly elected Aldermen; and the superintendents of said election shall, at the expiration of five (5) days after said election, if no contest is made, give a certificate to that effect to those so elected, which certificate shall be the evidence of their election and their authority to act, and shall be recorded by the Clerk and Treasurer of said city, which record shall be held and considered the highest evidence of such election. But no Alderman who is a candidate for re-election at such election can serve as such manager. In case of a tie as to more than sufficient to fill vacancies, then an election shall be held the second Saturday of the January following to fill the vacancies left by such tie in the manner above provided for. Amends section 3 of original charter. Place for holding elections. Certificate of election. SEC. V. Be it further enacted by the authority aforesaid, That the superintendents of all elections for Mayor and Aldermen, held

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by authority of this Act, shall have the same conducted according to parts 1, 2, 3, 4, 6, 7 and 11 of section 1288 of the Code of 1882 of this State, and said parts of said section are hereby made applicable to such elections, and which are hereby adopted as a part of this amended charter, and the superintendents of such elections shall make return thereof to the Mayor and Aldermen of said city; and that any person who shall hereafter vote more than once at any election held in said city, and under authority of this Act, or who shall vote at any such election when he has not resided in this State one year and in said city six months next preceding the election at which he so voted; or who shall vote at such election who has not paid all taxes which, since the adoption of the present Constitution of the State, have been required of him previous to the year in which said election occurs, as provided in section 5 of this Act, and which he has had on opportunity of paying agreeable to law; or who has not registered as provided by this Act (unless he be excused from registering as provided in section 3 of this Act;) or who has been convicted in any court of competent jurisdiction in this State, of embezzlement of public funds, malpractice, bribery or larceny, or any crime involving moral turpitude and punishable by the laws of this State with imprisonment in the penitentiary, unless such person shall have been pardoned; or any person who shall buy or sell, at any such election, or offer to buy or sell, a vote or votes, shall be indicted for a misdemeanor, and on conviction in any court in said county having jurisdiction, shall be punished as prescribed by section 4310 of the Code of Georgia. Manner of holding elections. SEC. VI. Be it further enacted by the authority aforesaid, That any voter at such elections may challenge any person who offers to vote, and any person so challenged shall take the following oath, to-wit: (and if he refuses to do so, his vote shall be rejected.) I swear that I am 21 years old; am a citizen of the United States; have resided the last twelve months in this State; six months in this county and city; have paid all taxes which have been required of me and which I have had an opportunity of paying agreeable to law, and have never been convicted of any offense against the laws of this State or the United States which debars me from voting; so help me God. And that it shall be the duty of said superintendents to allow no one to vote at said elections, unless he be qualified to do so under the provisions of this Act, and to that end they shall be authorized to administer the oath prescribed above. Oath required of challenged voters. SEC. VII. Be it further enacted by the authority aforesaid, That when the election of a person by the voters of said city to the

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office of Mayor or Aldermen is contested by any defeated candidate at any such election, the proceedings shall be: Contested elections. 1. The person making the contest, and who must be one of the candidates who was defeated at such election for the office which he contests for, must file with one of the superintendents holding the election, within five days after the result of said election is declared, a statement on oath in the nature of an information that he contests said election; that he bona fide claims to have been elected to the office which he contests for; that to the best of his knowledge and belief, the person who was declared elected to that office was not duly elected; and shall state in this information the ground or grounds of such contest; and said contestant shall then serve a copy of said information upon the person whose election he contests, within three days after the filing, which service must be personal or by leaving at his most notorious place of abode; and the fact of such service shall be verified, and the oath filed with the original information. Statement of contestant required to be filed. Perfecting service of contest. 2. When said information is filed with any one of said managers, it shall at once suspend all proceedings under said election, so far as concerns the qualifying and certifying the election of persons whose seats are contested, but no farther. And said superintendents, or any one of them, shall immediately and within five days from the filing thereof, deliver said information to the Clerk of the Superior Court of said county, who shall file the same in his office, and at once and within five days from the filing of the same in his office, notify the Judge of the Superior Court of said county of such fact; and thereupon said Judge shall appoint a day by his order in writing when he will hear evidence in said contest, which shall not be over twenty days from the filing of said information with said Clerk; of which day of hearing he shall cause said Clerk to give both parties to said contest written notice, which shall be served by the Sheriff of said county five days before the day of hearing; and either party may appear before said Judge on the day so fixed, in person or by attorney, or both, and swear and examine and cross-examine witnesses and conduct their respective sides of such controversy; and said Judge presiding at such hearing is empowered to swear witnesses and see that the testimony is fairly and impartially taken down by a stenographer, to be employed by him for the purpose, all of which testimony shall be written out fully, fairly and impartially by such stenographer, who shall be sworn to faithfully report the same before he engages therein; and said Judge is empowered to subp[oelig]na witnesses and compel their attendance, if in the county of Glynn, and issue commissions to take the testimony

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of any person anywhere out of said county, and may continue the hearing of said matter from day to day, and from time to time for the return of the interrogatories; and all proceedings governing the issue and return of interrogatories in this State, shall govern the issue and return of interrogatories in this matter. Proceedings suspended until contest is heard. How the contest is heard. 3. Section 1331, section 1332 and section 1334 of the present Code of this State are hereby made to apply to contests here provided for. 4. After hearing such testimony and all the evidence in said case, said Judge of the Superior Court shall make a decision directing the superintendents to issue to the party whom he may find legally elected to the office contested over, the certificate provided for in this Act, and they shall issue such certificates within five days after such order is issued. Certificate of election. 5. The Sheriff shall receive two dollars for serving said notice, and three dollars a day for each day he may attend the Judge while trying said matter, and the usual fees for subp[oelig]nas. The Clerk shall receive for the notice three dollars, for filing papers two dollars, for attending court two dollars per day, fifteen cents per one hundred words for recording the record which he shall record, and said stenographer shall be paid five dollars a day for taking down, and ten dollars a day for writing out said testimony, and shall swear to the account thereof, and shall be allowed to charge for actual time only, of ten hours a day for writing out. All which costs shall be paid by the party cast in the contest. Sheriff's fees. Clerk's fees. Stenographer's fees. 6. Said Judge, whilst holding such court, may adjourn from day to day, compel witnesses to attend, fine and attach for contempt, as if he was presiding in the Superior Court. To compel attendance SEC. VIII. Be it further enacted by the authority aforesaid, That section 5 of said Act of 1872 be, and the same is, so amended as to require said Mayor and Aldermen to take the oath required of all civil officers in this State; and amended shall read as follows: That the Mayor and Aldermen of said city, in addition to the oath required of all civil officers of this State, shall take and subscribe the following oath of office: I, , do solemnly swear, that I will truly and faithfully discharge all of the duties required of me as of the city of Brunswick, and will not vote for or encourage any measure or ordinance which is not, in my judgment, for the best welfare of the inhabitants of said city, and will never vote for a candidate for any city office unless, in my honest judgment, he is the best qualified for the office; and that I have not pledged my vote to any person or persons for office directly or indirectly. And on the first Monday in January of each year, the Mayor and

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Aldermen elect shall meet at the city hall for the purpose of organization, and the Mayor and each Alderman shall take and subscribe the above oath before entering upon the discharge of his duties; which shall be made before any officer of the county of Glynn, who is authorized by law to administer an oath; and said oath shall be written out and signed, and then filed by the Clerk of the Council. The Mayor and four Aldermen shall constitute a quorum for the transaction of business. But a less number may adjourn from day to day, to compel the attendance of a quorum; and whenever such less number shall so adjourn to obtain a quorum, they shall direct any officer of said city to serve a copy of their resolution, to that end upon each absentee to be found in said city, or leave same at his most notorious place of abode; which resolution shall specify the time to which such adjournment is had; and if any Mayor or Alderman shall, after being three times consecutively so notified to attend such meetings, fail or refuse so to attend, his office shall be declared vacant by such minority, or more, if present, and filled as other vacancies, but if such notice is left at the said place of abode and was not, in fact, received, then such vacancy shall not be declared; nor shall it be declared if such absentee was absent on good and sufficient cause each time, to be judged of by the board. No Alderman shall receive any compensation for his services. All meetings of said Mayor and Aldermen shall be public, except when engaged in executive business. Oath of office Installation of officers. Quorum. If absent three times in succession office may be declared vacant. SEC. IX. Be it further enacted by the authority aforesaid, That section 7 of said Act of 1872 be so amended as to require notice of election to fill vacancy to be published in the official organ of said city, so that the same when amended shall read: The said Mayor and Aldermen shall hold their offices as specified in the fourth section of said Act of 1872, and until their successors are elected and qualified; and in the event that the office of Mayor or Aldermen shall become vacated by death, resignation, removal, or otherwise, the Mayor, and in case his seat is vacated, the Chairman of the Council, shall order an election to fill said vacancy, giving at least ten days' notice thereof in the newspaper where the Marshal's sales of said city are made. Amends section 7. Notice of election to fill vacancies. SEC. X. Be it further enacted by the authority aforesaid, That section 46 of said Act of August, 1872, be so amended as to require books of registration to be opened on the first Monday in October and closed on the first Monday in November of each year, after the year 1889, so that said section when amended shall read: The Clerk of Council, or some other officer appointed by the Mayor and Council for that purpose, shall hereafter, after the year eighteen

Page 1017

hundred and eighty-nine, open a list for the registration of voters in said city, on the first Monday in October in each year, at ten o'clock a. m., and keep the same open from day to day, from ten a. m. to six p. m. (saving one hour from one to two p. m., at noon) until the first Monday in November of each year, when the same shall, at 6 p. m., finally close, in which shall be inscribed the name of the person entitled to vote in said city, and his place of residence and occupation; and the said Clerk must not permit any one to register who is not entitled to do so, and if he does so knowingly he shall be discharged from office. And no person who is not registered shall be allowed to vote at any election in said city for officers thereof, or for any measure or matter affecting the same, unless absent, as above stated, from the city during registration. Any person who is, at the time he offers to register, possessed of all the qualifications of a voter, except time of residence and majority, and who, by the election day he expects to vote at arrives, will possess those requisites, may be registered. Amends section 46. Books of registration. SEC. XI. Be it further enacted by the authority aforesaid, That section 47 of said Act of 1872 be amended by altering the said section so that same shall, when amended, read: It shall be the duty of the Clerk of Council, or other officer, to arrange and publish in some newspaper in said city, or by posting in some conspicuous place, at least once a week from the time of opening such registry list until the day of closing the said lists, a list of the names so registered, arranged in alphabetical order; and also to affix and keep an alphabetical written or printed list of the names of all registered voters at the door of the court house and at the city hall in said city for one week immediately preceding the election; but it shall not be necessary to publish in said lists the business or place of residence of such voter; and it shall be the duty of such officer to furnish to the Superintendents presiding at all elections for Mayor and Aldermen of said city, at the time of opening the polls on the day of said elections, a complete list of the names arranged in alphabetical order, which shall have been registered according to the provisions heretofore set forth, together with the occupation or business and place of residence in said city, certified under the hand of said Clerk and Treasurer, or other officer, and the seal of said city, which list shall be kept before the said Superintendents during such elections, and afterwards deposited by them in the office of said Clerk and Treasurer to be safely kept by him for the space of sixty days, and then destroyed, if no contest over such election is made, but if a contest, then until it is finally ended. How registration lists are published. Lists must be furnished managers of election.

Page 1018

SEC. XII. Be it further enacted by the authority aforesaid, That section 18 of said Act of 1872 be amended by giving said Mayor and Council power to restrict and confine the traffic in liquor to locality or localities, so that the same, when amended, shall read as follows: The Mayor and Council shall have the sole and exclusive right to grant licenses to sell or retail liquors within the limits of said city, and of fixing the rates and amounts of such licenses, and the terms and conditions upon which they shall issue, and to declare said licenses void when said terms and conditions are not complied with; and may, from time to time, confine such traffic to locality or localities, and change them at will; Provided, that when such district is once fixed, it shall not be changed until all licenses then in existence have expired. Restriction of liquor traffic. Proviso. SEC. XIII. Be it further enacted by the authority aforesaid, That section 19 of said Act of 1872 be so amended as to add after the words billiard table, on the third line thereof, the words pool table or tables of like sort, or any other tables for public play, and after the word pumps, on the ninth line, the words and all water works, so that said section, when amended, shall read: The Mayor and Council shall have the power and authority to license, regulate and control all billiard tables, pool tables or other tables of like kind, or any other kind of table kept for public play, ten-pin alleys, nine-pin alleys, or alleys within the city, and to remove the same whenever they become nuisances; and to license and regulate and control all livery stables, drays, wagons, carts, and all pleasure vehicles and carriages, of whatever kind, within the city; and the said Mayor and Council shall have absolute power and control over all wells and pumps and all water works, fire companies and engines within said city. Amends section 19. Billiard and pool tables. SEC. XIV. Be it further enacted by the authority aforesaid, That sections 31 and 32 of said Act of 1872 be stricken out and the following be inserted in its place, to say: A. That there shall be three Assessors appointed, as hereinafter, whose duty it shall be to assess all real property in said city at a true and fair valuation, and they shall be appointed by said Mayor and Aldermen as follows: At the first appointment of Assessors, which shall take place under this Act at the first regular meeting of said Mayor and Council after the organization of the next board in January next, they shall be appointed, one for one year, one for two years and one for three years, and ever thereafterwards one Assessor shall be elected and qualified annually, and shall hold his office for the term of three years and until his successor is elected and qualified, except when an appointment is made to fill a vacancy, and shall take the following

Page 1019

oath: I do solemnly swear that I will faithfully perform the duty of Assessor for the city of Brunswick, and will make a true and just valuation of all property assessed; and it shall be the duty of the Assessors to assess and value annually all real estate in said city liable for taxation at a true and just valuation, and to enter their assessment of the same in a book to be kept for that purpose, and return the same to the Mayor and Aldermen of said city, and file it with the Clerk of Council of said city on or before the first day of March of each and every year; in which return they shall describe the property as assessed by number, metes and bounds or other sufficient description, so as to give a sufficient identification thereof; and after said return is made and filed, and on or before the first day of March in each and every year, every person, or agent of every person, claiming said real estate so assessed, or any part of the same, shall return his name, or the name of his principle when the return is made by an agent, to the Clerk of Council of the said city, and write the same opposite the property claimed or owned by him, or the name of the person for whom he is agent and as such agent make such return; and where the person or agent claims a portion only of any particular piece of property assessed, he shall specify in writing and clerly describe the portion he claims and the interest of the claimant therein; and if the person making such return makes the same as trustee, he shall specify in the return for whom has is trustee, giving the names of the cestui qui trusts. B. That if, on the first day of May of any year, there is any such real estate in said city which has not been so returned by the owner or claimant thereof, it shall be the duty of Clerk of Council of said city to issue an execution against said real estate which has not been so returned by the owner or owners thereof, as non-returned property, which execution shall plainly describe the property against which it is issued so as to sufficiently, and with reasonable certainty, identify the same, and it shall be directed to the Marshal of the city of Brunswick, requiring him to levy upon that particular property, and out of the same to make, by levy and sale, the amount of the taxes due on said property for that year, and that the sale of nonreturned property shall be advertised once a week for twelve weeks before the day of sale, and that when any property is sold as nonreturned property as aforesaid, when the same was not returned and the terms of this Act authorizing such sale shall have been fully complied with, and the same is not redeemed within the time hereinafter mentioned, that then and in that case the sale of the same shall absolutely and entirely divest the claim and title to the same

Page 1020

from all persons before and at the time of such sale, claiming or owning the same or any interest therein, and shall vest the title thereto absolutely and unconditionally in the purchaser at such sale, and his heirs and assigns; and that any person who will make oath before any officer authorized by the laws of this State to accept an affidavit, that he is the owner, or agent of the owner, stating the name of the real owner (and if such affidavit is made by a trustee, he shall state who are the cestui que trusts for whom he claims) of such property, and that he desires to get a re-conveyance of the same, he may do so on paying the amount of the purchase money at such sale and all costs and charges and ten per cent. on all the same at any time within twelve months from the day of the sale; and that whenever property is sold as non-returned property, as aforesaid, and brings more than the amount of the taxes and costs attending such sale, the Marshal shall pay the excess to the Treasurer of said city and take his receipt for the same, which balance shall be held by said Treasurer for the space of two years from the date of the sale, when, if no person has made claim to the same as hereinafter provided, the same shall become the property of the said Mayor and Council, and be by them used for the best welfare of said city, and no suit at law or in equity shall be brought to recover such excess, after said period of two years; and when any person within said period of twelve months shall redeem such non-returned property as aforesaid, it shall be the duty of the Treasurer to pay any such excess, as aforesaid, over to the persons redeeming the same, and take his receipt on the back of such affidavit; and if such excess is claimed after a period of one year, and within said period of two years, by any owner or claimant, then it shall be only necessary for such owner or claimant, or agent of such, to make an affidavit that he was the owner of such non-returned property, or the agent of the owner, and name in his affidavit the owner, and stating that the time in which to redeem the same having lapsed, he desires to have paid to him such excess, and on his receipt on the back of such affidavit, the Treasurer shall pay him the same. C. That when any property, real or personal, has been returned, as in this Act required, and the person returning the same shall make default in the payment of any prescribed taxes for that year, then it shall be the duty of the Clerk and Treasurer to issue his tax executions against such person, which shall be directed to the Marshal, requiring him to make the amount of such taxes out of the person making such return, by seizure of the property of such person; and it shall be the duty of the Marshal to levy such execution; first upon the personal property of said defaulter, if any is to be found, and if not,

Page 1021

to make return of that fact, and then levy on the real estate of such person; and the sale of such property shall be advertised once a week for four weeks preceding the day of sale of such property; and such sale shall pass the title to the same as effectually and as absolutely as would the deed of the person or persons against whom such execution was issued. Whenever property has been sold, as aforesaid, for non-payment of taxes, and when return has been made, the person against whom the execution has been issued may redeem the same at any time within twelve months from the day of the sale, on paying the amount for which it is sold, and the costs and charges aforesaid, and ten per cent. on all the same. D. That all sales herein provided for in this Act shall take place on a regular Sheriff's sale day, between the regular hours of Sheriff's sales provided for in this State; and on the day of sales herein provided for, it shall be the duty of the Marshal to offer the property levied, the same being realty, first for rent for one year; and if any amount is not offered sufficient to pay the taxes and costs, then for rent for five years, then for rent for ten years, then for twenty years; and if he receives no such sufficient bid, then to offer for sale one-fourth undivided interest; and if he then receives no bid sufficient, as aforesaid, he shall then offer one-half; and if still no bid, then three-fourths; and if still no bid, then the whole for sale, and shall knock it off to the highest bidder, after crying the same according to the laws of the land; and that the amount to be charged for advertising the sale of such property shall be the same as now prescribed by the general laws of this State, and a fee of one dollar for levy, one dollar for selling, and five per cent. commission on the amount realized at the same, and one dollar for signing the deed, shall be paid the Marshal for his costs in that behalf; and the Clerk shall receive fifty cents for each execution issued. E. That any person not a party to any such execution claiming property levied on may file his claim to the same as claims are now filed to property levied on under mean or ordinary process in the State, and as by the practice now obtaining generally in the courts of this State; and when property so levied on is so claimed, it shall be the duty of the Marshal to return the execution and claim to the Superior Court of Glynn county, where it shall be tried and disposed of as other claim cases. F. That if any assessment of any estate authorized by this Act shall be deemed erroneous, the owner or agent of any such real estate, who may be dissatisfied with any such assessment, shall have the privilege of making complaint to the said Mayor and Aldermen of said city within twenty days after the date of the report of the assessors,

Page 1022

which complaint must be made in writing; and upon such complaint being made, the assessment complained of shall be immediately referred to three arbiters, one chosen by the Mayor and Aldermen of said city, one by the party complaining, and the third by the two so chosen, whose award in the matter shall be made within ten days, and shall be conclusive and final. G. That all persons claiming or owning personal property of every or any nature and sort in the limits of said city, or who is engaged in any sort of business, shall, on or before the first day of May of each and every year, make such a return of the same to the Clerk of said Council for taxation, together with the value of the same, under oath, as may be prescribed by ordinance of said Mayor and Council. H. That it shall be the duty of the Clerk of Council to issue an execution against any and all personal property of every kind, describing it sufficiently, so that it may readily be identified from such description, which is not returned for taxation as provided in this Act, which execution shall be issued, returned and directed as provided for executions against non-returned property, so that all provisions of this Act applying to the sale of returned or unreturned personal property, so that moneys realized from such sales of returned or unreturned property shall be held, disbursed and disposed of and accounted for in the same manner respectively as is provided elsewhere in this Act for the disbursement, disposition and accounting of moneys received from the sale of returned or unreturned real property, respectively, as the case may be, and that the same statute of limitations prescribed in those cases, respectively, be, and the same hereby is, made to apply respectively in cases of returned or unreturned personal property. I. That all executions for taxes shall be signed by the Clerk of Council of said city, and shall be directed to the Marshal of said city, and shall bear test in the name of the Mayor and Aldermen of said city, and be returnable before them at their next meeting after the issue of the same, which shall not convene within thirty days; and the proceeds of all such shall be paid to the Treasurer of the said city; and that at all tax sales under executions for taxes due said Mayor and Council, the Mayor and Aldermen may bid in the property so offered for sale in the name of the Mayor and Council of said city, and they may direct the Clerk of the Council, or any other officer, or any one of their number, from time to time to bid in the same and have a deed of realty or a bill of sale of personalty of the same made by the Marshal of said city to said Mayor and Council, and shall hold the same for the use of said city; Provided,

Page 1023

the same does not bring more at such sale than the amount of the taxes and costs due on said execution. Board of assessors. Term of office. Oath of Assessor. Assessments of property must be filed with Clerk of council. Executions Re-conveyance of title. Excess of taxes where property is sold to pay same. Property sold for taxes may be redeemed. How advertised property is sold. Fees. Claims of illegality. Appeal from assessment made by tax assessors Arbitrators Tax returns. Tax executions for unreturned property. Executions signed by Clerk and directed to the Marshal. SEC. XIV. Be it further enacted by the authority aforesaid, That the words who are hereby declared ex-officio Constables of said city and the words, Provided, in costs such cases shall not exceed double the amount allowed Constables for similar services under the general laws of this State, in the 39th section of said Act of 1872, be stricken, and that section, when so amended, shall read: That the Clerk of Council, the Marshal and all members of the police force of said city shall be officers of the Police Court, and they are hereby authorized to demand and receive for services rendered or duties performed in said court such fees and costs for themselves to be collected from the defendant, if convicted, as may be established by ordinance of said city. Amends section 39 of original charter. Fees of Clerk and Marshal. SEC. XVI. Be it further enacted by the authority aforesaid, That section 34 of said Act of 1872 be stricken, and the following be inserted in its stead: That the Mayor and Aldermen of said city shall have the power and authority to impose and inflict such fines, penalties and forfeitures for the violation of any ordinance, by-law, rule or regulation of said city as shall, in their judgment, be conducive to the welfare, interest, good order of and proper government of said city, and may, for such violations of such ordinances, by-laws, rules and regulations, punish by a fine not exceeding two hundred dollars or imprisonment in the guard-house of said city not to exceed thirty days, or work on the chain gang on the public works, streets, alleys, and so forth, of said city, not to exceed sixty days; or, if said city has no chain gang, to work for the space of sixty days on any chain gang under control of the authorities of Glynn county, and if said city has no established guard-house, to be confined in the jail of Glynn county for thirty days, and any one or more of these penalties may be ordered in the discretion of the presiding officer of said police courtthat is to say, he may fine two hundred dollars and sentence to labor for sixty days on any such public works, and sentence to imprisonment for thirty days in any such prison, or may fine a less sum than two hundred dollars and imprisonment in such prison for a term less than thirty days, and sentence to labor for a term less than sixty days, or may impose any one of said penalties or put the sentence in the alternativethat is, sentence to labor or confinement, to be discharged on payment of a fine not exceeding two hundred dollars and costs; and it shall be sufficient description of the punishment to be inflicted for the violation of any ordinance of said city for the Mayor and Aldermen thereof to say in such ordinance that the violation of such

Page 1024

ordinance shall be punished as prescribed in this section of this Act, referring to it by number, without setting it out in full in the ordinance, if they so choose. Amends section 34. Anthority to impose fines. Limit of fines. SEC. XVII. Be it further enacted by the authority aforesaid, That section 38 of said Act of 1872, be stricken, and in its place be inserted the following: That the police court of said city is hereby continued a court of record, and the Recorder hereinafter created is hereby authorized and empowered to preside in said court, and to hold sessions thereof as often, as to him, may appear necessary, but at least three times a week, which sittings shall be in the council room or city hall, or such other place in said city as said Mayor and Aldermen may, by ordinance, direct, and convene at ten o'clock a. m. on the days they are held; and said court shall have cognizances of all offences against the ordinances, by-laws, rules and regulations of said city, with power to inflict the proper punishment by fines, imprisonment, labor or other penalty prescribed by such ordinances, by-laws, rules and regulations, from time to time, and to enforce the same by mittimus directed to the Chief Marshal of the city, or any policeman thereof, or to the keeper of the guard-house, when the necessary and the said court shall have power to commit to jail or the guard-house any and all persons who may disturb said court during its sittings, or who may, in any manner, be in contempt of its lawful authority; and any person dissatisfied with a judgment rendered against him, may sue out a writ of certiorari to the Superior Court under the rules governing such; and before such petition for certiorari is sanctioned, the defendant shall pay all costs and give bond for his personal appearance to abide the final judgment in said case; or if he cannot give bond, but can pay costs and make affidavit that he cannot give the bond, or if he cannot pay cost but can give bond, he may give bond and make affidavit that he cannot pay costs, or if he can neither give bond or pay costs, he shall swear to that fact before any petition for certiorari shall be sanctioned, and in all prosecutions in said police court, the same shall be commenced by affidavits, as prescribed in section 4715 of the Code of Georgia, upon which a warrant shall issue and be signed by the presiding officer of said police court, which shall be in form of warrant described in section 4716 of the Code of Georgia, except that it shall be directed only to the Marshal or assistant marshal or policemen of said city, and shall require the person therein named to be taken before the said police court of the said city for trial; and on this warrant and affidavit the issue of guilty or not guilty shall be formed and the trial proceed whenever the case is

Page 1025

sounded in open court, unless continued under the rules of law as far as they can be applied to said court; and it shall be only necessary in such affidavit to describe the offense alleged with such particularity as that the Judge of said court may readily understand the nature of the charge and no more; and if such affidavit and warrant should be dismissed for want of informality, either on demurrer before the trial or be detected afterwards and at any time before judgment, the same may be nolle prosequied, and another, and another, and another sued out, and so on from each dismissal until one should be drafted sufficient for the purpose; and whenever a person is arrested by authority of this Act, it shall be lawful for him to enter into a bond to be approved by the Marshal of said city or the Recorder or any Alderman of said city, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard, and shall be payable to the Mayor and Aldermen of said city; which bond shall be forfeited on the non-appearance of the defendant in the same manner in said court as penal bonds are forfeited in Superior Courts of this State; and said Recorder is hereby empowered to issue scire facias returnable before him within not less than ten nor more than twenty days, when any defendant shall fail to appear in terms of his bond, which shall be directed to and served by the Marshal or other police officers of said city, and upon the return thereof to enter up judgment against such principal and security upon such bond if said principal is not produced within said time in terms of said bond, as judgments of forfeiture of recognizance are entered in the Superior Courts of this State; and upon all such judgments said Recorder shall issue execution directed to the Marshal or other police officers of said city; which may be levied upon any property of the defendants, principal or security, or both, and shall be returnable before said Recorder in not less than ten nor more than sixty days from the date of judgment; and sales of property under such executions and judgments shall be conducted, advertised and made as sales of property under executions for taxes where return has been made, and such judgments of said Recorder shall be a lien upon all property of said defendants, principal and security, on such bond, equal in dignity to the judgments of the several courts of this State of the same date and superior in dignity to all judgments in this State rendered after the date of such judgment of forfeiture. There shall be no certiorari from a fine or commitment for contempt, but such fine for contempt shall not exceed five dollars or imprisonment for contempt not exceeding five days; and the presiding officer of said police court shall have the power to summon any witness residing in the county of

Page 1026

Glynn, or in said city, to appear and testify for either prosecution or defense, and attach such person for contempt of court for failing or refusing to obey such subp[oelig]na. Repeals section 38. Police court. Jurisdiction. Contempt. Certiorari. How prosecutions are conducted. Defective warrants. Appearance bond. Forfeiture of bonds. How sales for forfeited bonds are conducted. No certiorari for commitment for contempt. SEC. XVIII. Be it further enacted by the authority aforesaid, That the office of Recorder is hereby created; and he shall be Judge of the Police Court of the same; shall be at least twenty-five years old, a person of good moral character, shall have been at least two years a citizen of said city and of the United States; he shall have been five years a practicing lawyer, and he shall hold his office for the term of four years and until his successor is elected and qualified, and shall be elected by the Mayor and Aldermen; and before entering on his duties he shall, in addition to the oath required of all civil officers, take the following oath: I solemnly swear that I will administer justice, without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as Judge of the Police Court of the city of Brunswick, or Recorder, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, and the ordinances of said city. That immediately upon the next organization of the Council of said city after the passage of this Act, the first Recorder shall be elected by said Mayor and Aldermen; and in the event the office of Recorder should become vacant from any cause, the Mayor shall appoint to fill the vacancy until the next regular meeting of Council, when the Mayor and Aldermen shall fill the vacancy. The Recorder's oath shall be written out and signed before any officer of the State authorized to take affidavits, and filed with the Clerk of Council. The Mayor and Aldermen shall fix his salary, and when once fixed, shall not be changed during his term. He shall have no costs. His salary shall not be less than five hundred dollars a year. When he is absent from the city or unable from sickness or other cause to perform his duties, the Mayor may appoint a pro tempore Recorder, who shall be paid three dollars a day out of Recorder's salary. Office of Recorder created. Oath of office. Recorder's salary. Recorder pro tem. SEC. XIX. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said police court, who shall be, by virtue of his office, City Attorney, and whose duties, besides such as the Mayor and Council shall by ordinance require of him, to draft all affidavits and warrants for, and conduct all prosecutions in said police court, and attend all its sittings when requested by said Recorder; and in addition to such salary as the Mayor and Aldermen of said city may pay him for services as City Attorney, shall

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receive a fee of two dollars for each affidavit and warrant, a fee of three dollars for each conviction in the police court, a fee of five dollars for attending each trial, which fees shall be paid only in the event of final convictions by defendant, or out of fines and forfeitures collected in said court in other cases. But he shall receive nothing for affidavit and warrant dismissed for irregularity of any sort. When such Solicitor is absent from the city, the presiding officer of said police court may appoint one pro tempore; said Solicitor can appoint a deputy to draft affidavits and warrants and prosecute in said police court and do all his duties there, who shall receive such fees to his own use. The Solicitor of said court and his deputy shall each, before entering on the discharge of his duties, subscribe before any authorized officer the following affidavit: I do solemnly swear that I will well and truly perform all the duties required of me as Solicitor of the police court of Brunswick, Georgia, and Attorney for the Mayor and Council of said city, to the best of my skill and knowledge, without fear, favor or affection for any party. Which oath shall be filed by said Clerk of Council. The Solicitor of said court shall be elected and hold his office for the term of one year, and until his successor is elected and qualified. He shall be elected by the Mayor and Aldermen of said city at the same time and in the same manner as other officers elected by them are elected. He must be above twenty-five years old and must have practiced law at least seven years, and can hold no other office of trust or profit. City Attorney or Solicitor. His duties and salary. Fees. Solicitor pro tem. Oath of office. Term of office. Qualifications. SEC. XX. Be it further enacted by the authority aforesaid, That section 13 of said Act of 1872 be stricken, and the following be inserted in its place: That the Mayor and Aldermen of said city shall have power to compel all male persons within the corporate limits of said city, between the ages of sixteen and fifty years, except those hereinafter exempted, to work on the public streets, squares, lanes or alleys of said city not more than ten days during each year; Provided, that any person subject to work on said streets may commute the services so required by the payment to the officer of said city authorized to receive and receipt for the same, the sum of fifty cents for each day he is required to work; and provided further, that all and any persons who have lost one arm, or one leg, or a leg and arm, or both legs and arms, or a foot, or a hand, or an eye, or a foot and hand, or both hands and both feet, and all persons who are physically, from deformity, injury, or accident, or disease, unable to perform manual labor, shall be exempt from the performance of street duty as provided in this Act. Repeals section 18. Street work. Commutation tax. Who are exempt.

Page 1028

SEC. XXI. Be it further enacted by the authority aforesaid, That section 14 of said Act of 1872 be stricken, and the following be inserted in its place: That said Mayor and Council shall have the authority and power to widen, extend or straighten any street, alley, lane, way or square in said city, and to open, lay out and establish any new street, alley, lane, way or square of whatever nature, and from time to time to establish, prescribe, define, and lay out a permanent wharf line or lines, in said city, and along the shores and in the waters within the same; all which shall be done by resolutions or ordinances, and may after ten days notice to the person owning any such wharf or wharves as shall be hereafter built or extended beyond the wharf line or lines when so established, proceed in a summary way by resolution or ordinance to cause one or more of the police force or other officer of said city to remove so much of all such as extends or shall extend beyond such line or lines; and the person who returns for city taxes the property on which such wharf is erected or who returns such wharf, or if no such return, then the person in charge of such wharf shall be taken and held to be the owner of the same for the purposes of this Act; and, after like notice, said Mayor and Council may so cause all encroachments, or obstructions of a permanent nature, or which, in the judgment of said Mayor and Council ought not to be allowed, along or upon any street, way, alley, square or lane in said city to be removed; and whenever such encroachments over the wharf line or upon such streets, lanes, alleys or squares are made or done after such wharf line is established or such street, lane, alley or square is laid out, then no compensation shall be made for the removal of the same. But whenever said Mayor and Council shall exercise the power to widen, extend or straighten a street, lane, alley way or square, or to open, lay out and establish any new street, alley, lane, way or square, or to lay out any wharf line to the injury of such private right, there shall be appointed five freeholders, two by the Mayor and Council, two by the owner of said land, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damages sustained by the owner or owners of the lot or lots, over or through which pass said streets, lanes, alleys, ways, squares or wharf lines so widened, extended, straightened, opened, laid out or established, and which is taken for the purpose, and from which award, an appeal in writing can be had to the Superior Court by either party dissatisfied with such award. A majority of said arbitrators can make the award. The submission shall be in writing. The return shall be written and filed in the office of the Clerk of the Superior Court of Glynn county within ten days after

Page 1029

it is made; and the appeal can be entered in ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damage, considering the value of the land and the benefits the owner is to receive from the opening of such streets, etc., or establishing such line. If the owner of such land refuses to act, or is a minor, or is insane, upon that fact being shown to the Ordinary of Glynn county, he may appoint arbitrators for such owner. The award, when so filed and not appealed from, shall be the judgment of the Superior Court of Glynn county, and execution may at once issue upon the same for the amount thereof as other executions are issued. In case of appeal, as above provided for, the Court shall cause the issue as to such damage to be made up and tried as other appeal cases; Provided, private property shall not be so taken for public purposes, as stated, until the damages so assessed shall be first paid by the authorities of said city; and when, at the time of the adopting of such wharf line or lines, any wharf or other structure extends beyond it, they may either remove it or prohibit its being repaired in the future, and suffer its use until, in their judgment, it becomes dangerous to navigation or to the safety of life or property; but when said Mayor and Aldermen once establish a wharf line or lines in said city, the same shall not be changed, except by Act of the Legislature of Georgia, and it shall require a vote of three-fourths of said Mayor and Council to fix such line; but said Mayor and Council may, from time to time, establish wharf lines over territory where they have not previously fixed them, and are not bound to prescribe a wharf line in all the waters of the city at one time, but as they deem best. Repeals section 14. Authority to open, widen or extend streets. Wharves. Street encroachments. Damages for condemned property. Award of arbitrators. Appeals. Wharf lines once established cannot be changed except by Act of the Legislature SEC. XXII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen of said city may prescribe how all vessels, steam and sail, of all sorts, shall lay or ride in the waters in the limits of said city, and prescribe the rate of speed they shall not exceed in moving in said limits, and punish any violations of such rules and ordinances. Harbor ordinances. SEC. XXIII. Be it further enacted by the authority aforesaid, That section 15, of said Act of 1872 be so amended as to empower the Mayor and Aldermen of said city to punish for a violation of it or any ordinance passed in persuance of the same, so that it shall read: That no person or body corporate shall, at any time, open, lay out, or extend any street, alley, lane, way or square in any lands in said city limits, contrary to the original plan of said city, without the consent of three-fourths of said Council, at a regular meeting thereof, and any application of this kind shall be published for

Page 1030

one month before final action of said Mayor and Council; and that said Mayor and Council may provide by ordinance for punishing any one violating this section of this Act, or any ordinance passed in pursuance hereof either by opening, laying or extending such street, alley, lane or square, or by continuing to use the same when so illegally laid out, or opened, or extended contrary to said plan, without such consent; Provided, nothing herein contained shall apply to the plan of the new town of said city, as laid off by George R. Baldwin, which is hereby confirmed. Permission to lay out or extend new streets Proviso. SEC. XXIV. Be it further enacted by the authority aforesaid, That section 43 of said Act of 1872 be amended by striking therefrom the words who pay other than a street tax, where they occur in the twenty-fourth line, so that said section, when amended, shall read: That all the streets, lanes, alleys, ways and public squares, as at present laid out and within the limits of said city, shall be, and the same are, hereby again declared to be vested, in fee simple, in the said Mayor and Council, for the use and benefit, forever, of the people of the said city of Brunswick; and no privilege heretofore granted by the Mayor and Council of said city, or which may be hereafter granted, to any railroad corporation to construct or maintain railways in, on or through any of the streets or commons of said city, shall ever be construed as giving to such corporation an exclusive or perpetual privilege of maintaining such railways in said city; and the said Mayor and Council shall supervise, regulate and control, wholly and absolutely, all and every railway within the limits of said city, and shall alone determine through what streets railways shall be carried, to what point they shall extend, what shall be the motive power used, and what shall be the rate of speed on the same; what shall be the width or gauge of said railways within the city, and all other conditions, limitations and restrictions that may be considered necessary to protect the interests of said city; and the Mayor and Council shall have full authority and power to cause any or all of said railways to be removed from said streets or commons, whenever a majority of all the legal voters of said city shall determine by ballot, or at a special election ordered for that purpose, that the same has become a nuisance, or detrimental to the interest of said city. Amends section 43 of charter. Title and right to streets, squares, etc., vested in Mayor and Council. Prohibits granting exclusive right-of-way to any railroad or corporation. SEC. XXV. Be it further enacted by the authority aforesaid, That section 17 of said Act of 1872, be amended by striking out the whole of said section and inserting in its stead, the following, so that said section when amended, shall read: That the said Mayor and Council shall have the sole control and management of the public market, and all others that may be established in said city,

Page 1031

and shall pass such ordinances and rules as may be necessary for the regulation of the same, and of sales and purchases therein; and said Mayor and Council shall have full power and authority to erect a public market house in said city, upon any of the squares or other lands the property of said city, and to operate and conduct the same as they may deem best; or they may, if they prefer, lease or farm out, for a term of years, not over fifty years, the privilege of erecting and operating such market house to any person or corporation, upon such terms and conditions as they may think proper; and in either event, when built, the use of said market house shall be subject to such rules and regulations as may be prescribed by said Mayor and Council by ordinance from time to time. Said Mayor and Council shall have full power and authority to, from time to time, regulate and control the sale of all perishable commodities, fish, fresh meats, fruits, vegetables and the like, and prescribe the hours in which the same shall be sold by dealers, or other persons, elsewhere than in said market house; to prohibit the sale of unsound or unwholesome meats, fish, vegetables or fruits, and to prescribe penalties for the sale thereof; to require said market house kept at all times in good order and sanitary condition, and to appoint such officers or inspectors in connection therewith as they may see fit; to define the powers and duties of such officers or inspectors, and to fix their compensation; and they shall have the power to regulate butcher-pens or slaughter houses within the city, and cause the same to be removed if they shall become nuisances or injurious to the health of the city. Repeals section 17 of charter. Public market. Market house. Sale of perishable commodities. Market inspectors. SEC. XXVI. Be it further enacted by the authority aforesaid, That section 27 of said Act of 1872 be stricken, and the following be inserted in its place and stead: That the Mayor and Aldermen of said city shall have the authority and power, by ordinances or resolutions, or either, to order the owner of any lot to make such pavements or sidewalks and repairs of the same as they may deem necessary; or to pave one-half of the streets next such lot, or to fill up any such lot to any grade of the streets of said city as they may think best, or the owner of any wharf to repair and keep in repair the same, and if such owner refuse to do so in thirty days, or begin such work in good faith in twenty days, after he is served with a copy of their order in that regard, which order shall be served by the Marshal, or any officer of said city, by handing to such owner personally a copy thereof, certified by the Clerk of Council, or leaving it at such owner's most notorious place of abode; then, and in that case, unless Council grant further time, said Mayor and Council shall be empowered to lay such sidewalk, pave such streets, repair such

Page 1032

pavement or streets or fill up or grade such lot, or repair and keep in repair such wharf at the cost and expense of such owner, and issue execution against such owner for such amount as it cost them to do such said work and all costs, which execution shall be issued, levied, returned and directed as tax executions against owners of returned property, and for these purposes the person returning and claiming such lot or wharf property for city taxes shall be regarded and taken to be theowner thereof, and if two or more make return and claim to such, the authorities may proceed against all or either of them, and leave to them the settlement of the question as to who, in fact, is owner and liable; for all or either of them shall be liable, as between them and said authorities, to do said work in the first instance, and for the cost of doing it by said authorities as aforesaid in the second instance, and where no person returns or claims such property as shall be required to be filled up or graded or paved around, either for sidewalk or street or filling in, or to be so repaired as above mentioned, then no notice shall be given, but said Mayor and Council shall note the fact, and at once proceed to do such work, and then issue execution for the amount of the same and costs against the property, as tax executions issue for taxes against non-returned property, and all provisions as to sales from first to last, as in this Act provided, with regard to non-returned property for taxes, shall be followed, and apply in this instance. Repeals section 27. Paving streets and sidewalks. How paid for. When work is done by the city executions may be issued. SEC. XXVII. Be it further enacted by the authority aforesaid, That section 25 of said Act of 1872 be stricken, and the following be inserted in its place: That the said Mayor and Council shall have the supervision and control of all wharves and warehouses and cotton and lumber yards and naval store yards in said city, and shall regulate and fix, whenever in their judgment it shall be necessary, the rates of wharfage to be charged and collected thereon; and may prohibit smoking on the same, or the use of fire about cotton warehouses, cotton yards or places where it is stored, and also about naval stores in places where they are stored or kept or may be placed. Regulations as to wharves, lumber yards, etc. SEC. XXVIII. Be it further enacted by the authority aforesaid, That section 21 of said Act of 1872 be stricken, and the following substituted in its stead: That the said Mayor and Council have the authority and power to remove any forge, smithshop or other structure within the city, whenever in their opinion it shall be necessary to insure against fire; and shall have power to cause any stove pipe or any other thing or matter that will endanger the city, as to fire, to be removed or remedied as their prudence shall dictate; and they may summarily declare such without notice to any one;

Page 1033

and remove the same instanter; and whenever it shall appear to them that any decayed house, building or structure of any sort is endangering the public health of said city, or any portion of the inhabitants thereof, or any locality therein, or is likely to breed disease, they may summarily condemn it by resolution or ordinance and cause it to be torn down by the Marshal or police; and whenever, in their opinion, it is necessary to burn any property, clothing or whatever else, to prevent the introduction or spread of infectious or contagious disease, they may, with the advice and counsel of the health officer and a majority of the Board of Health, do so instanter; and the Marshal or other officer directed shall obey such order; and in all such cases they, or any officer assisting in or encouraging in the performance of such order or resolution, shall not be liable to answer therefor in any court having jurisdiction, except for gross neglect and extreme want of care, coupled with malice, and without any probable cause to suspect such actions were for the public good, and every presumption shall be in favor of such act having been lawfully done, when done. Precautions against fire. Sanitary measures. SEC. XXIX. Be it further enacted by the authority aforesaid, That section 29 of said Act of 1872 be stricken, and in its place the following be inserted: That the said Mayor and Council shall have full authority and power to establish such system of quarantine, and to make such sanitary regulations within the limits of said city as may, in their judgment, be necessary to prevent the spreading or introduction of contagious or infectious diseases within said city; and in order the more fully to exercise this authority and use this power, said Mayor and Council are hereby given quarantine jurisdiction over all the area embraced within the jurisdictional limits of the county of Glynn, in this State, and over all the islands, rivers, creeks, sounds, inlets and districts in said county, and over all that portion of the open sea lying north of the line between Glynn and Camden counties, and south of the line between Glynn and McIntosh counties, and which lies along the coast of said county of Glynn, for a distance of ten miles out in the open sea; and any where within these limits, either in said city or county, may locate, establish and change at pleasure, on land or water, either permanent or temporary, quarantine grounds, houses or pest houses; and may condemn and take lands and buildings and personal property, and property of any sort, any where within said limits, for quarantine grounds, or other quarantine purposes, either permanent or temporary; and such condemnation proceedings shall be had and done in the same manner and by the same rules as provided in section of this Act for condemning land for streets, ways, and so forth;

Page 1034

and all the provisions of that section for that purpose shall apply and be a provision for this, from the selection of arbitrators to the trial of appeal; and may by order, ordinance or resolution, put any part or all of said area under quarantine; and may arrest, detain, quarantine and, if need be, confine, any person from, or suspected to be from, any infected port or place, or port or place suspected to be infected, and detain and confine such person or persons from day to day, as they by ordinance shall see fit, declare and prescribe; shall have power to stop, delay, board, search all trains, cars, steamboats, boats, vessels, vehicles and conveyances of every sort, public or private, entering said limits, whenever in the judgment of said Mayor and Council it may seem best; and may absolutely prohibit any such vessel, train or carriage from entering said limits or port, or person from coming within the same, or any such from leaving any of the same; but such rigid quarantine shall not be laid and established except by the consent of the Mayor and Aldermen and the Board of Health; and no State Board of Health that now is or hereafter shall be established shall ever have power to molest, lessen or otherwise interfere with said authorities in matters of quarantine in said limits, saving only to see to it that they maintain in the said area a quarantine not less strict than such State Board of Health may think best; and said Mayor and Aldermen shall have full power and authority to punish any violation of the quarantine rules and regulations of said city, committed anywhere within all said area; and said Mayor and Aldermen may, by resolution, adopt any regulation recommended by said Board of Health, which shall, upon being published one time in the official organ of said city, and within twelve hours after its publication, become a binding ordinance upon all persons within said city, and within said entire area when it shall so recite. The authorities of said city of Brunswick shall have full power, upon the recommendation of the City Board of Health, to adopt and enforce such ordinances as they may deem necessary to secure the removal of all garbage, rubbish, filth, weeds and undergrowth from any and all occupied and unoccupied lots within the limits of said city, at the expense of the owner or owners of such lots; and any owner of such unoccupied lot or lots who shall fail or refuse, after ten days' written notice from the authorities aforesaid, to comply with the terms of such ordinance shall be subject to such penalties as may be lawfully prescribed for the same; and said authorities, upon the refusal of such owner to do such work, may cause the same to be done, and issue execution, as they may by ordinance direct and prescribe, against the property of such owner for the amount of such expense and costs; and the person

Page 1035

returning such lot for city taxes shall be taken to be the owner; and if no one returns the same for city taxes, then, after giving ten days' notice in the official organ of said city, they may do such work and issue execution against such property, as executions are directed to be issued in section of this Act, where pavements, etc., are required to be laid, etc. Repeals section 29. Quarantine regulations. Quarantine grounds. Condemnation proceedings. State Board of Health has no power to Interfere. Authority to punish for violation of quarantine rules. Removal of garbage. Cost of removing same. SEC. XXX. Be it further enacted by the authority aforesaid, That section 24 of said Act of 1872 be so amended as that the same, when amended, shall declare, prescribe and read as follows: A. The Mayor and Council shall have authority and power to elect a health officer, who shall be a physician of at least seven years practice and at least twenty-five years of age, and whose term of office shall be one year, and whose duties and compensation they shall prescribe and regulate; but when once fixed, it shall not, whether salary or perquisite, be decreased during the term of an incumbent. And the first election for health officer, under this Act, shall take place before March 1st, 1890. He must have had south of north latitude thirty four degrees at least three years of his practice, and he shall exercise his functions over said entire quarantine area mentioned in section 31 of this Act. B. And said Mayor and Aldermen, at any regular meeting after their organization in January next, and before March 1st, next, shall elect a Board of Health, to consist of ten members, two chosen for one, two for two, two for three, two for four, and two for five years each, to fill the places of those whose terms expire. They shall be each over twenty-five years of age; five years a resident of said city, and take the following oath before an officer authorized to administer an oath: I do solemnly swear that I will well and truly discharge all the duties required of me as a member of the Board of Health of the city of Brunswick; so help me God. They shall be citizens of said city, and shall exercise the functions of their office over said entire quarantine area above defined. C. Said Mayor and Council shall define, by ordinance, the duties and powers of said Board of Health not inconsistent with the laws of the land, and such as like boards usually have; but are not limited to such as like boards usually have. Amends section 24 Health officer. First election. Board of Health. Oath of office. Duties of Board of Health. SEC. XXXI. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1890, there shall be established a Board of Police Commissioners for the City of Brunswick, consisting of five upright and intelligent citizens, who shall hold their office for a term of three years each, except as hereinafter provided, and each of whom shall be at least thirty years of age, and a resident of said city, and a citizen of the United States, and

Page 1036

shall be chosen as follows: The Mayor and Council of said city shall, at its first regular meeting in the said year, and after their organization, or as soon thereafter as practicable, elect one such commissioner for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and another for a term of five years, and shall at the same time and annually thereafter, as the terms of such commissioners so elected expire, elect for a term of five years from the date of such election, a commissioner to succeed such outgoing commissioner, and should a vacancy occur at any time and from any cause, in said board, such vacancy shall be filled by said Mayor and Council at the first meeting after the occurring of such vacancy, by the election of a commissioner for the balance of the unexpired term of the commissioner whose retirement caused such vacancy. The Mayor of the city of Brunswick shall be ex-officio member of said board, entitled to and invested with all the privileges and powers incident to membership, but he shall not be eligible to the presidency, or chairmanship, or clerkship of said board; and at its first meeting, said board shall proceed to elect from their own number a president who shall preside over the meetings and be its chief executive officer. At the same time, or as soon thereafter as may be practical, the board shall elect also a secretary, who shall be chosen from amongst the members of the board, who shall keep its minutes and do such other clerical work as the board may direct, and who shall be paid such salary as the board may direct, and who shall be paid such salary as the board may fix now over a year. That said board shall meet not less than once every month, and shall have their acts or doings recorded in a book to be kept for that purpose, which book shall be open to the inspection of all citizens; and shall make at least once in every year a report of their operations to the Mayor and Council of the city of Brunswick. The City Council shall furnish said board a permanent office, in the city hall or elsewhere, and shall pay all the legitimate expenses for stationery and printing, upon vouchers signed by the Secretary and approved by the President and one other member of the board; that no member of said board, except the Mayor, who is only ex-officio a member thereof, shall be eligible to election to any office of honor or profit under the said municipal government, until one year after he ceases to be a member of said board, and no person shall be eligible as a member of said board who, at the time of his election, holds any office of profit or trust under the municipal government. Before entering upon the discharge of the duties of their office, the said Commissioners, and their successors, shall take before

Page 1037

the Mayor of said city the following oath: I, , do solemnly swear that I will well and truly, and to the best of my ability and skill, discharge all and every duty required of me, as Police Commissioner for the city of Brunswick, Georgia; that I have not, and will not, during my term of office, promise, directly or indirectly, to any person to cast my vote in favor of any one who may be a candidate for election to any office to be filled by said Board of Police Commissioners; that I will not vote for any such candidate unless in my judgment he is qualified for the office, and of good moral character, and who bears the reputation in said city of being a quiet and orderly citizen; that I will never divulge or communicate directly or indirectly to any one, how I, or any member of said board, voted at any such election; nor divulge the secrets of said board, unless when on oath, in some court having jurisdiction, and when I shall be legally required to state such matter; and I further swear that when sitting to try any member of the police force, officer or detective, on articles of impeachment pending before said board, I will well and truly try such issue without fear, favor or affection, reward or the hope thereof, and a true judgment render, according to the opinion I entertain of the evidence submitted, and the law of such a case; so help me God. For a violation of this oath, or any part of it, any one committing such violation shall be indicted for false swearing, and on conviction, shall be punished as prescribed in section 4463 of the Code of this State, and removed from office by the court before whom the conviction takes place. It shall be the duty of said board, on or before the second Monday in January in each year, to determine the number of officers and privates that shall serve on the police force for the city of Brunswick during the year ensuing, and also to employ, from time to time, and as often as in their judgment the public interest may require, one or more detectives; and the compensation and pay of all such officers, privates and detectives shall be fixed as hereinafter provided, and so soon as such number of officials, privates and detectives is fixed, said Board of Police Commissioners shall certify the number thereof to the Mayor and Aldermen of said city on or before the Thursday after the second Monday in January of each and every year; and after the receipt of such notice, and on or before the third Monday in January in each and every year the Mayor and Aldermen of said city shall fix the pay and compensation of all such officers, privates and detectives, (but detectives may be employed only when necessary) and cause the Clerk of Council to certify the amounts to said Police Commissioners on or before the Thursday after the third Monday in January of each and every

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year; and on receipt of such notice, said Board of Police Commissioners shall, on or before the fourth Monday in January of each and every year, proceed to elect such officers and men and detectives, which election shall be held in secret session, and the votes cast therein shall be by ballot. Board of Police Commissioners. How chosen Term of office. Vacancies. Mayor shall be ex-officio member. Secretary. Annual reports. Who are eligible to become members of the Board of Police Commissioners. Oath of office. Penalty for violating oath. Employing police force Compensation fixed by Mayor and Aldermen. SEC. XXXII. Be it further enacted by the authority aforesaid, That the Board of Police Commissioners created by this Act shall have full and exclusive control and management of the police force of said city; shall have power to elect and to try, discharge or suspend or fine the officers and privates of said force and to make and enforce rules and regulations for its government, not in conflict with the ordinances of said city or this charter, or the laws of the land. But the Mayor or Acting Mayor shall be in command of said police force so far as to command their services as such, and to direct them as he may deem best in patrolling and guarding said city and protecting its inhabitants; and all members of said police force, officers, privates and detectives shall be paid monthly at the end of each month for the time actually served during said month, by check or order on the Clerk and Treasurer (or Treasurer of said city, should those offices ever be separated), signed by the Secretary of the Board of Police Commissioners and approved by the Chairman of said Board and the Mayor of said city, and whenever any officer, private or detective of said force is arraigned before said board for trial for any violation of the ordinance, laws, rules or resolutions of said Mayor and Council, or the order, rules or regulations of said Board of Police Commissioners, or any neglect or violation of duty, or for any cause of suspension, removal or discharge from office, whether provided in this Act or by ordinance, rule or regulation of said Mayor and Council or the Board of Police Commissioners, they shall be arraigned on an information or accusation signed by any member of said Board of Police Commissioners, on the affidavit of any citizen, or on motion of any member of the Board of Police Commissioners without affidavit, which affidavit or motion shall state the complaint against such officer sufficiently clear as to with ordinary certainty inform said board of the nature of the complaint, and upon such information being signed, the President, or any two of said Board of Police Commissioners, shall fix a time and place where the same shall be heard by said Board of Police Commissioners, not over five days from the day the information is so signed, and a copy of the information only, and of such order, shall then be served on such accused by any officer of said city or other person appointed by the Mayor, either personally or by leaving it at his most notorious place of abode; and at ten

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o'clock on the day so fixed the trial shall proceed, unless continued under the rules governing continuances in this State, and all the rules of evidence as applicable to civil cases in Georgia shall apply to their case; and the guilt of such officer of such violation shall only be required to be established to a reasonable and moral certainty, and no more. The amount of moral conviction necessary in a civil case under the laws of this State, being sufficient in those cases to authorize suspension, removal, discharge or fine. When any person resident in the city of Brunswick, or county of Glynn, shall be required to attend as a witness the trial of any officer or officers, private or privates, of the police force, or any detective on the same, before the said board, it shall be the duty of the Secretary of the board, upon application, to issue a summons directed to such person, stating the case and the time appointed for the trial. Such summons may be served personally on the witness by any member of the said Board of Commissioners, or of the police force, at least one day before the trial of the case; and if any witness thus summoned shall fail to appear, he may be attached by the Commissioners for contempt. The attachment shall be directed to the Chief of Police, or any officer of the police force of said city, and made returnable before the said board at some time stated; and the said board may punish said witness by a fine not exceeding fifty dollars, unless he show good cause for his failure to obey the summons; and in the event of his refusal or failure to pay the fine imposed, the said board may imprison said witness in the common jail of the county, or guard house of said city, until said fine be paid, the term of imprisonment to last in no case longer than sixty days. Duties of Board of Police Commissioners. How police force is paid. Trial of police officer for neglect of duty. Copy of accusation must be furnished accused. Moral conviction. Witnesses. Attachment for contempt. SEC. XXXIII. Be it further enacted by the authority aforesaid, That said chief of police, privates or detectives, may be dismissed at any time by the vote of two-thirds of the members of the board, for malpractice in office, neglect of duty, drunkenness, or other improper conduct, to be judged by the board; and for the violation of any ordinance, by-law or resolution of said Mayor and Alderman or of said board, or of any ordinance of said city, or law of the State of Georgia, any breach of duty, or for bribery, or incapacity, or for a breach of the peace, or for assault or assault and battery, gaming, seduction or any crime or misdemeanor against the laws of said State, whether such was done or committed on or off duty; and it shall be the duty of said Board of Police Commissioners to dismiss any such officer or policeman for any such act, conduct, crime or misdemeanor as aforesaid; and the Mayor and Aldermen of said city may create by ordinance or resolution other and further grounds or cause of removal. In case of the resignation, removal, death or

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disability of the Chief Marshal, the police officer of said city next in rank shall perform the duties of said office until the removal of such disability, or until a successor shall have been elected to fill the unexpired term, or the President of the Board of Police Commissioners may appoint to fill the vacancy until such successor is elected. All vacancies in the office of Chief Marshal, and in the office of policemen or police officer or detective, shall be filled by the Board of Police Commissioners at their next regular meeting after such vacancy occurs, or so soon thereafter as possible. [Illegible Text] in office, neglect of duty etc., cause for dismissal. Cause for removal. Vacancies. SEC. XXXIV. Be it further enacted by the authority aforesaid, That sections forty-four (44) and forty-five (45) of said Act of 1872 be, and the same are hereby repealed. Sections 44 and 45 repealed. SEC. XXXV. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen of said city may by ordinance prohibit all disreputable characters, such as intoxicated persons, tramps and lewd women from walking or idling in the streets, squares and alleys of said city after the hour of six (6) o'clock at night, and shall have power to provide a penalty by ordinance for the use of vulgar and obscene language, and to punish lewd and disorderly conduct within the limits of said city, and to pass ordinances regulating, licensing and controlling all places of public amusement and all performances, circuses and shows of every nature, and defining the meaning of the words disreputable characters, intoxicated persons, tramps and lewd women, as used in this section of this Act. Disreputable characters prohibited walking or idling on the steects after six o'clock. SEC. XXXVI. Be it further enacted by the authority aforesaid, That no ordinance, by-law or resolution of said Mayor and Aldermen of a public character shall be binding within the limits of said city or person within the same, natural or artificial, until the same shall have been published once in the newspaper in which the proceedings of the Mayor and Aldermen of said city and the legal advertising of said city is done. And it shall be the duty of the Mayor and Aldermen of said city to select, as the official organ of said city, any paper which has a general circulation in the county of Glynn and said city, and the Mayor and Aldermen of said city shall cause the proceedings of each meeting of Council to be published in said paper. And no ordinance or by-law shall pass the Board of Aldermen of said city and become a by-law or ordinance thereof until the same shall have been introduced and read once at the regular meeting of said Mayor and Aldermen when the same is introduced, and twice at the next regular meeting of said Mayor and Aldermen before the same passes and becomes a law. And the regular meetings of the Mayor and Aldermen of said city shall be fixed by them

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and changed from time to time by resolution or ordinance without reading the same but once and without any publication; but ordinances and resolutions touching quarantine, or passed in the exercise of the power of said Mayor and Aldermen as to quarantine, may be passed at the same meeting when introduced, whether regular or adjourned or called meeting, and after being read one time, and shall become law at sun-rise on the day after their publication. Ordinances not binding until published. Official organ. Reading ordinances before adoption. SEC. XXXVII. Be it further enacted by the authority aforesaid, That all ordinances, by-laws and resolutions shall be spread at length upon the minutes of the Council at the meeting when the same are adopted and before the next regular meeting by the Clerk of Council; and he shall also keep a full and explicit minute book of all regular, special or call meetings of the Mayor and Aldermen of said city, in which he shall give a detail minute of all their actings and doings, and shall specify the Mayor and Aldermen who are present, giving their names, and those who are absent, giving their names. Ordinances and by-laws must be spread on the minutes. SEC. XXXVIII. Be it further enacted by the authority aforesaid, That neither the Mayor of said city nor any member of the Board of Aldermen thereof, shall at any time be interested, directly or indirectly, in any contract of any kind with the city or any of its departments, and any one who shall do so shall be guilty of a misdemeanor, and may be indicted in the Superior Court of Glynn county, or proceeded against by accusation in the City Court of said city, and on conviction shall be punished as provided in section 4310 of the present Code of this State. Prohibits Mayor or members of the council from participating in city contracts. SEC. XXXIX. Be it further enacted by the authority aforesaid, That the Mayor and Aldermen shall, at the first regular meeting after the day of organization, or as soon thereafter as practicable, elect by ballot a Clerk and Treasurer, (or a Clerk of Council and Treasurer, in the event these offices should hereafter be separated, as hereinafter provided in this section of this Act) and all other officers of said city not required to be chosen by the Board of Police Commissioners, and fix their compensation, each of whom shall serve until the first regular meeting of Council after the day of organization in the succeeding year, or until their successors are duly qualified, unless sooner removed from office; and shall each give bond and security for the faithful performance of their duties, respectively, as may be required by said Mayor and Council; and shall each take and prescribe an oath that they will, to the best of their skill and ability, honestly and faithfully discharge their several duties without fear, favor or affection. And said Mayor and Aldermen may at any time hereafter, at their pleasure, separate the

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office of Clerk of Council from that of Treasurer, and elect a Treasurer and a Clerk, and may continue to separate or consolidate those offices whenever they deem it best to do so; but it shall require a three-fourths vote of the entire Aldermen and the consent of the Mayor to either separate or consolidate the same, and in the event of a separation of said offices, said Mayor and Aldermen shall define what duties imposed by this Act on the Clerk and Treasurer, shall be performed by the Clerk, and what by the Treasurer, and what bonds they shall respectively make. Clerk and Treasurer. Bond and security required. Office of Clerk and Treasurer may be separated. SEC. XL. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen may, whenever they think proper, upon the request of the Clerk and Treasurer of said city, so long as those offices remain consolidated, appoint a Deputy Clerk and Treasurer, whose compensation shall be paid by the Clerk and Treasurer out of his compensation; and such Deputy Clerk and Treasurer shall give bond to the Clerk and Treasurer for faithful performance of his duties, and to account to him for all moneys received by such deputy; but said Mayor and Aldermen shall be in no way bound to said Deputy Clerk and Treasurer for his salary and compensation, and such deputy may be removed by such Clerk and Treasurer at pleasure; and whenever he is so removed, the Clerk and Treasurer shall enter the fact on the minutes, and the entry of such fact shall end at once the functions and powers of such Deputy Clerk and Treasurer. During his term said Deputy Clerk and Treasurer shall be, and is authorized and empowered to do all the acts and things that such Clerk and Treasurer may be authorized to do. Deputy Clerk and Treasurer. His bond. His duties and powers. SEC. XLI. Be it further enacted by the authority aforesaid, That all laws and parts of laws contained in said several recited Acts, and all other Acts granting charter, powers and privileges to said city, or the Mayor and Aldermen thereof, and the several Acts amendatory thereof, or any part, clause, or section of any such Act, or Acts, which is not or are not in conflict with this Act, are hereby continued to be a part of the charter of said city, and are hereby again declared of full force and effect. And that the sale of all the commons and parts of commons of said city, heretofore made under authority of the several Acts of the Legislature of this State, as recited in said Act of August 27th, 1872, be, and the same are hereby confirmed; and that all deeds, contracts, leases, and other instruments, whenever and by whomsoever executed and made to the contrary, are hereby again declared to be void and of no effect. All laws not in conflict with this Act are continued in full force. SEC. XLII. Be it further enacted by the authority aforesaid, That said Mayor and Aldermen shall have full power and authority to control, govern and exercise a general supervision over all water

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works, gas works and electric light plants in said city, and over all such companies in, or doing any of those businesses in the limits of said city; and may prescribe the kind of piping, both for gas and water, which shall be used; and the height from the ground and the manner in which electric lights, conductors, poles and wires shall be placed or hung; and may pass ordinances and by-laws fixing the maximum water rates, the maximum charges for gas, and the maximum charges for electric lights, to be demanded by such companies or persons owning such gas works, water works or electric light plants, or doing any such businesses in said city, from the consumer; and by ordinance or resolution may declare such water works, or gas works, or electric light plants nuisances, or dangerous to the health of said city, or to the comfort, safety or peace of the inhabitants thereof, or any considerable portion of the same, when it shall appear to them that such is the case, and require any or all of the same to be remedied or eorrected; and in default thereof, after five (5) days' written notice being served on the person, natural or artificial, owning such water or gas works, or such electric light plant, or the person doing such business in said city, or the agent in charge of the same, then to require the same to be removed from the limits of said city by ordinance or resolution; and upon the failure of such owner or usee to so remove the same after ten days' written notice to that effect being served upon the person or agent of any such company in, or doing such business in said city, or upon any person or company owning such water works, gas works or electric light plants, or his or its agent, by any officer of said city, said Mayor and Council may then cause the police force of said city, or any member thereof, to proceed, with such force and employes as it may see fit, and remove the same. Water-works, gas and electric lights. Provides for safety of electric light and other plants. SEC. XLIII. Be it further enacted by the authority aforesaid, That said Mayor and Council are authorized and empowered to construct, equip, operate and maintain a system or systems of sewerage and surface drainage in said city, either separately or together, as, in the judgment of said Mayor and Council, it may seem best; and they are given, in order to secure such system or systems of sewerage and surface drainage, or sewerage or surface drainage, power to issue bonds in such sums as they may see fit, of such denominations as may appear to them best; but one-half the series shall be one hundred dollar bonds, and one-fourth the series shall be fifty dollar bonds, not in excess of the amount allowed by law, after complying with the general law governing the issue of bonds by municipal corporations; Provided, they shall not, by any contract, device or contrivance, float or sell such bonds for

Page 1044

less than (97) ninety-seven and a half cents on the dollar, and may extend sewer mains beyond and across any water course within twenty-five miles of said city, either navigable or non-navigable: Provided, that in extending and carrying said mains beyond navigable streams that navigation shall not be interferred with longer than twenty-four hours at a time; and said Mayor and Aldermen may compel all persons within the limits of said city to connect with the sewer mains all water closets, urinals and privies upon the real estate or in the building held or claimed by such person, either in fee or for life, or for a term of years, and in the event of a failure or refusal so to form such connection, may cause such connection to be made after ten days' written notice to the owner of such lands or such lessee to do so, and issue execution against such owner or lessee for the amount of the cost of such connection, including piping and all necessary material, and all cost; which execution shall be issued, levied and returned as provided in this Act for the issue, levy and return of executions for taxes where property has been returned, and the person returning the land in fee or as lessee, upon which such closets, urinals or privies are, shall be deemed the owner or lessee thereof, for the purposes of this Act, and if no person returns the same for taxes, then the person or persons in possession shall be considered the owners thereof for such purposes, and may by ordinance require such connections to be made with such mains within such length of time as they may prescribe, and if such connection is not made within such time, may punish the offender as provided in section 16 of this Act: Provided, however, that no person shall be required to connect with any sewer, main or mains a greater distance than two hundred feet from the closet, urinal or privy of such person; and said Mayor and Aldermen in their judgment may lease or grant by contract the right and privilege to lay, manage, equip and maintain sewer mains and sewers in said city, and the right to maintain, equip and manage a complete system or systems of sewerage or surface drainage in the same to any person, natural or artificial, that they may think best, either by resolution or ordinance, but not for a longer term than fifty years, and may pass all such ordinances, resolutions and orders controlling, regulating and governing the same, and compelling connection therewith as aforesaid, as they deem best, when the same shall be so leased, laid, equipped, managed, operated and maintained as any such person or company under such lease or contract as though the same were laid and maintained and operated by said city; and in the event that they lease or contract out the same, they shall exercise absolute dominion and

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control of such system and the operation of it, and may define from time to time the kind of sewers and mains, and the manner of laying the same, and the material out of which they shall be constructed, and the places where they shall be laid, and may, if in their judgment, the same should become dangerous to life or health, or a nuisance to the inhabitants of said city, or any considerable portion thereof, after ten days' notice directed to whom it may concern, and published one time in the newspaper where the advertising of said city is done, giving notice to the management of such system or systems that the same is dangerous to life or health, or is a nuisance as aforesaid, either require the same to be remedied or taken up and removed from said city, in whole or in part, as they may think best; and if the same is not so remedied, taken up or removed, in whole or in part, as they may require, or the work in any such case to such end actually commenced in good faith within ten days after said publication, and after being so commenced, as aforesaid, then continued on in good faith towards the end in view, they may proceed in a summary manner, by resolution or ordinance, to direct the Marshal of said city, or other officer, with such force as they may see fit, to repair or remove the same, in whole or in part, at the expense of the said lessee or owner thereof, and may issue execution against the lessee or owner of such system for the cost or expense incurred in any such case; provided, that no lease or contract in any such right shall be made to or entered into with any person, natural or artificial, unless good and sufficient bond is executed by him, it, or them, conditioned to keep such system or systems in such repair and perfect order and condition as the Mayor and Council may require from them; and also to observe all such ordinances, by-laws, rules and regulations as they may pass or order touching the same, and conditioned further, to pay such costs for repairing or removing of the same as may be incurred in the event that the same may be required to be done as above provided; and the said Mayor and Council shall have power from time to time, during the while that any such system is operated, in the event of a lease or contract as aforesaid, by any such lessee or contractor to require said bond to be strengthened from time to time, whenever, in their judgment, it is necessary by adding other securities, whenever, in their opinion, a bondsman or bondsmen thereon shall become financially weakened. System of sewerage and drainage. Authority to issue bonds. Price of bonds. Mayor and Aldermen may compel citizens to connect with sewer mains. Proviso as to distance from closet Authority to grant privileges to equip and maintain sewer mains to individuals or contractors. When sewers become a nuisance. Lessees required to give bond. Lesses may be required to strengthen bond. SEC. XLIV. Be it further enacted by the authority aforesaid, That the present Code of Ordinances of the city of Brunswick, Georgia, as compiled and codified by G. B. Mabry in the year 1884,

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from and exclusive of section 79 on page 23 of said City Code, to and inclusive of section 440, on page 99 of said City Code, and which are now of force in said city, and have not been repealed, amended or changed since the same were codified, and such of the same as have been amended or changed since that date as they now exist, so changed or amended, and which are not in conflict with, or repealed by, this Act be, and the same are hereby continued of full force and effect as the ordinances and laws of said city until repealed, changed, or amended hereafter, and no ordinance of a public nature passed previous to the codification of said ordinances in said Code, and not embodied therein shall, after the passage of this Act, have the effect or force of a law or ordinance of said city; and all laws, ordinances and resolutions of said Mayor and Council passed since the codification of said ordinances, to-wit: Since the 1st day of September, 1884, and not since repealed, but which are now of force, either as originally passed or as now amended or changed according to law, are hereby continued in force until they are repealed or changed by said Mayor and Aldermen; said Mayor and Aldermen being given power to repeal, change or amend, any ordinance, law, section or part of said portion of said code, or any ordinance passed since said codification, that they may deem fit and proper. Certain portions of present Code of Ordinances are retained and made part of this charter. SEC. XLV. And be it further enacted, That all the provisions of this Act shall apply to and govern the election of and eligibility of candidates for Mayor and Aldermen at the election therefor to be held in December, 1889, and the qualification of all voters at such elections; but that registration lists for the registration of voters at that election shall be opened and kept open as now provided under said Act of 1872, in section 46 thereof. All provisions of this Act applied to election of December, 1889. SEC. XLVI. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That the Mayor and Council of the city of Brunswick are authorized and empowered, in their discretion, to grant extensions of the leases of town commons, heretofore leased to individuals and corporations, for a period of five hundred (500) years, in addition to the unexpired term of said leases, for a consideration to be fixed in each case by the said Mayor and Council, which consideration shall be put in the treasury of the Board of Education of Glynn county, and shall be by it used, as to either principal or interest, in the support of the public schools of the city of Brunswick, in the erection of public school buildings or purchase of furniture and equipment for the public school buildings of said city, or for all three purposes aforesaid, and for no other uses or purposes whatsoever; and may be invested by said

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board in loans upon Brunswick real estate, or in the purchase of the bonds of the city of Brunswick or county of Glynn, and shall be invested in no other form whatever; Provided, that no such extension of any existing lease of such town commons lands shall be granted to any holder of such lease or other person, except upon payment by said holder or other person to the Mayor and Council of said city, of a sum not less than the assessed value of the premises so sought to be released at time of application; Provided, further, that no such extension of any such lease shall be granted by said Mayor and Council after the expiration of ten (10) years from and next after the passage of this Act, and in every case property so leased shall be subject to the same rate and mode of taxation annually as other real estate in said city; Provided, further, that no such extension of any lease shall be granted by the said Mayor and Council under the authority hereinbefore conferred, until the report and assessment, made by the assessors of the city of Brunswick, for the year 1890, shall have been received and accepted by said Mayor and Council Authority to extend lease of city commons. Consideration to be applied to support of public schools of Brunswick Proviso. SEC. XLVII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. NEW CHARTER FOR NORCROSS. No. 753. An Act to amend an Act entitled an Act to incorporate the town of Norcross, in the county of Gwinnett, and for other purposes, approved October 26, 1870; to provide for a Mayor and Council, and define their powers and duties; to change and fix the corporate limits; to establish and fix police regulations therein; to prohibit the sale of spirituous liquors therein; to provide a manner of raising revenue therefor: to provide a manner for improving and working the roads, streets and sidewalks therein; to authorize the levy and collection of taxes on the property therein, and all business or callings; to provide for a Sanitary Board, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the inhabitants of the territory hereinafter designated are hereby continued

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corporate by the name and style of the town Norcross, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with this charter nor the Constitution and laws of this State nor of the United States; with power in and by said corporate name to contract with, sue and be sued, plead and be impleaded in all the courts of this State, and do all other acts relating to its corporate capacity. Corporation continued. Corporate powers. SEC. II. Be it further enacted, That the corporate limits of said town of Norcross shall extend in a circle of three-fourths of a mile in every direction from the freight depot of the Richmond and Danville Railroad situated in the town of Norcross. Corporate limits. SEC. III. Be it further enacted, That there shall be elected a Mayor and five Councilmen on the first Saturday in January next, and annually thereafter, who shall hold their offices for one year; they shall hold their offices in all cases until their successors are elected and qualified. The Mayor and Council may elect one of their body Mayor pro tem., whose duty it is to sit during the absence of the Mayor, or in case both Mayor and Mayor pro tem. are absent, then a majority of the Board of Councilmen can sit and transact business legally; that said Mayor shall be, to all intents and purposes, a Justice of the Peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said town, which warrants shall be executed by the Marshal of said town; that said Mayor and Council shall elect a Marshal, whose term of office shall be for one year, or until his successor is appointed and qualified. Annual elections. Mayor pro tem. Mayor has authority of Justice of the Peace. SEC. IV. Be it further enacted, That the manufacture and sale of spirituous liquors, or intoxicating drinks, shall be prohibited within the corporate limits of said town. The said Mayor and Council shall have full power and authority to require any and all persons, firms and corporations engaged in or carrying on, or who may engage in or carry on, any trade, business, calling, or avocation, within the corporate limits of said town, to register their business, calling or vocation annually, and to require such person, company or association to pay for such registration, and for license to engage in, prosecute or carry on such business or calling aforesaid, not to exceed twenty-five dollars per annum. Prohibits sale of liquors. Avocation tax. SEC. V. Be it further enacted, That the Mayor and Council shall have full power and authority for the purpose of raising revenue for the support and maintenance of said town government, and they shall provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the

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incorporate limits of said town, not exceeding one-half per cent. thereon, not including the school tax, which, under the laws of the State, is subject to taxation. Property tax. SEC. VI. Be it further enacted, That the Mayor and Council shall have power to appoint three assessors, who shall make an assessment on all town property, both real and personal, at the cash market valuation of the same, so that the return thereof shall be completed and handed in by the first day of April, annually. Tax Assessors. SEC. VII. Be it further enacted, That all persons liable to perform road duty by the laws of this State, shall be liable and subject to work on the roads and streets of said town, not exceeding six days in each year: Provided, That the Mayor and Council of said town shall have power to levy and collect a street tax in lieu thereof, not to exceed fifty cents per day; and all persons failing or refusing to perform said work, or pay the tax in lieu thereof, shall be liable to be dealt with by the Mayor and Council, as for violations of other ordinances of said town. Street work. Commutation tax. SEC. VIII. Be it further enacted, That the Mayor and Council shall have full power and authority to impose a fine not exceeding fifty dollars; and on failure of payment thereof, to compel the delinquent to work the streets or roads of said town, not to exceed a period of thirty days, and kept in the custody of the Marshal of said town during such service. Limit of fines. SEC. IX. Be it further enacted, That the Mayor and Council shall have full power and authority to appoint a Board of Health, consisting of three members, to act under such ordinances as the Mayor and Council may deem proper to pass for the health and sanitary regulations of said town. Board of Health. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby realed. Approved November 13, 1889.

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INCORPORATING TOWN OF SHADY DALE. No 757. An Act to incorporate the town of Shady Dale in the county of Jasper; provide a municipal government for the same, and define its powers of police, and taxation, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the village of Shady Dale shall be known as the town of Shady Dale, and the authority and jurisdiction of said town shall extend for the distance of a half mile in an air line in every direction from the well at the residence of the late Mathew Whitfield. The municipal government of the town of Shady Dale shall consist of five Councilmen, to be selected by the male inhabitants of said town, who are qualified voters for members of the General Assembly of the State. No one shall be eligible to the office of Councilman who is not a freeholder and an inhabitant of said town. The election for Councilmen may be held by three freeholders, neither of whom shall be a candidate for Councilman, who shall certify the result under their hands, which certificate shall be recorded on the minutes of the Town Council and be held as evidence of the election, and be authority to those chosen for the exercise of the functions of a Councilman. The first election of Councilmen under the provisions of this Act shall be on the first Saturday in February, 1890, and annually thereafter successors shall be chosen. If for any cause the election is not held on the day appointed, the retiring Councilmen, or any five freeholders, may order an election which may be held after posting ten days' written notice in said town. Should a vacancy occur by death, resignation, or otherwise, the remaining Councilmen may select his successor and induct him into office. For the transaction of business, three shall constitute a quorum; the Councilmen shall elect from their own number a Secretary and Treasurer, and may require the Treasurer to give bond for the safe keeping of the money of the town. They are also authorized to select a Marshal and fix his compensation which may be provided for by an appropriation from the treasury of the town, or by cost and fees for services. But the corporate limits of Shady Dale shall not extend further south than the corporate limits of Machen, unless by a vote of the qualified voters of Machen. A majority so voting shall vote in favor of extension south for one half mile. An election may be held for

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that purpose at any time within one year from the passage of this Act under the direction of the municipal authorities of the town of Machen on ten days' notice to voters. Such election shall be ordered if as many as ten freeholders of the town of Machen shall petition such election to be held. If a majority of legal votes cast shall be in favor of extension, then the corporate limits of Shady Dale shall extend one half mile south. Corporate name. Limits. Municipal government. Manner of holding elections. Annual elections. Vacancies. Secretary and Treasurer. Marshal. Extent of corporate limits governed by an election. SEC. II. Be it further enacted by the authority aforesaid, That Councilmen of the town of Shady Dale shall have full power and authority to pass ordinances to protect the health, peace and good order of the town, and provide punishment for their violation; but the fine imposed for the violation of an ordinance shall not exceed one hundred dollars, nor shall they imprison any one for a violation of an ordinance more than twenty days; but they may impose alternative punishments, or collect the fine by issuing execution and seizing the property of the offender, and selling it, as they may provide by ordinance. They shall have power to abate nuisances and suppress lewd houses. They shall have exclusive authority over the streets of the town, and may open new streets, establish sidewalks and pass ordinances for the protection of shade trees on public walks. They shall cause the streets of the town to be worked annually, and as often as may be necessary. The inhabitants of the town liable to work on public roads shall be liable to work the streets, and penalties may be provided for a failure to discharge this duty. Powers of Councilmen. Street work. SEC. III. Be it further enacted by the authority aforesaid, That the Council shall have power and authority to pass all Acts they deem necessary to the welfare of the town; to levy and collect an ad valorem tax on all property, real and personal, in said town, exclusive of fields used purely for agricultural purposes and uncleared lands; to levy and collect a special tax on business conducted in the corporate limits; to tax shows and demand payment thereof before exhibition, under penalties; but they shall not pass any ordinance, or do any act inconsistent with the Constitution of this State or the Constitution of the United States. Ad valorem tax. Special taxes. SEC. IV. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, and until their successors are elected and qualified, John Davidson, M. A. McDowell, J. L. Tucker, S. B. Harwell and C. R. Hodge be, and the same are hereby constituted Councilmen of the town of Shady Dale, with authority to exercise all and singular the powers conferred by this Act. Before entering on the discharge of their duties, Councilmen shall take and subscribe to the following oath: We do swear we will,

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to the best of our ability, faithfully and impartially discharge the duties of Councilmen of the town of Shady Dale. Provisional councilmen. Oath of office. SEC. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. AMENDING CHARTER CITY OF MACON. No. 759. An Act to amend the charter of the city of Macon and the various Acts amendatory thereof, so as to enlarge and regulate the powers of the Mayor and Council of the city of Macon in regard to the levying and collecting licenses and business taxes therein, without limit as to amount, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be lawful for the Mayor and Council of the city of Macon, and they are hereby authorized and empowered, to levy and collect annually licenses and business taxes to be assessed on the class of subjects or business now or hereafter subject to business tax or license (except as hereinafter provided), without limit as to amount: Provided, that the said Mayor and Council shall have no power to increase the present rate of license or business tax as now fixed and charged on any kind of business, except on shows or performances of all taxable kinds and also on itinerant traders; and, provided further, that said Mayor and Council of the city of Macon shall have no power to levy or collect any tax, license or fee from farmers selling their own produce, unless said city shall furnish shelter at the market to those thus selling where sales may be made during market hours, and for said sales at other hours no license or tax shall be laid upon said farmers, nor shall there be imposed upon the farm wagons or teams used in such sales any license or tax for such use. License and business tax. 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 November 13, 1889.

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INCORPORATING VILLAGE OF HARRISONVILLE. No. 761. An Act to incorporate the village of Harrisonville, in the county of Richmond; to provide for the qualification of voters and election of Commissioners for the same; to prescribe the powers and duties of said Commissioners, and for other purposes. SECTION 1. The General Assembly of the State of Georgia do hereby enact, That from and after the passage of this Act all persons who are citizens of the United States and who are residing within the territory in the county of Richmond and State aforesaid, comprised within the following limits, to-wit: Beginning at the northwest corner of J. L. Fleming's premises, and thence in an easterly direction on the south side of Turknett Spring road to within one hundred and fifty (150) feet of the southwest corner of Twelfth street of the city of Augusta and said road; thence southward by a parallel line with Twelfth street to the north side of the Milledgeville road; thence southwestward along the north side of Milledgeville road to its union with Carnes road; thence in a straight line to the southwest corner of J. L. Flemming's premises; thence to the point of beginning; shall be deemed, and they are hereby declared to be a body politic and corporate, which corporation shall be known as the Village of Harrisonville; Provided, that nothing herein shall be construed or held to favor, hinder, delay or prevent the incorporation of the territory herein set forth as part of the limits of the city of Augusta by subsequent Legislative enactment. Corporate limits defined. Corporate name. SEC. II. Be it further enacted, That every voter at any election, for any officer or officers of said village, shall be required to be a male citizen of the United States; to have resided within the State of Georgia for twelve months, and to have been a resident of said village of Harrisonville for six months immediately preceding such election; to have attained the age of twenty-one years, and to have paid all village taxes assessed against him preceding the year in which the election is had, which he may have had an opportunity of paying agreeably to law. Qualified voters. SEC. III. Be it further enacted, That five Commissioners for said village shall be elected, to hold office for one year, or until their successors are elected and qualified, which election shall be held by ballot on the first Saturday in January, 1890, at the

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academy in said village and on the first Saturday in January in each and every year thereafter at such places as may be from time to time designated by the Commissioners of said village, by ten days' notice given in one of the gazettes of the city of Augusta; and in the event that such election, from any cause, should not take place at the time specified, then the Justice of the Peace in the 123d District, G. M., in said county, may appoint some other day for such election, and give ten days' notice accordingly. Annual elections. SEC. IV. Be it further enacted, That the polls for the election of said Commissioners shall be opened at ten (10) o'clock of the day on which the same takes place, and close at four (4) o'clock. The first election shall be managed and presided over by any Justice of the Peace in said county and two freeholders in said village, and the subsequent elections shall be managed by any two of the Commissioners and a freeholder of said village, or by any Justice of the Peace in said county and two freeholders of said village; and the managers of such election shall have authority to issue to the persons who are elected, certificates of their election, which shall be sufficient evidence thereof. Hours of opening and closing polls. Managers. SEC. V. Be it further enacted, That the managers of any such election shall administer the following oath to any person attempting to vote upon his being challenged, or upon either of them entertaining doubts as to his right to vote, to-wit: You do solemnly swear that you are a citizen of the United States; that you are twenty-one years of age; that you have resided in this State for the last twelve months, and the village of Harrisonville for the last six months; that you have paid all taxes assessed against you by the authorities of the village of Harrisonville preceding the year of this election; so help you God. Oath to be administered to challenged voters. SEC. VI. Be it further enacted, That the said Commissioners so elected shall, at the time they receive their certificates of election, take and subscribe the following oath: I do solemnly swear that, to the best of my ability, I will conduct myself uprightly as a Commissioner of the village of Harrisonville, and faithfully administer its laws, and that I will do equal justice to all persons who may be concerned in my administration of the laws and by-laws of said village within the same. Oath to be taken by village commissioners. SEC. VII. Be it further enacted, That said Commissioners shall have authority to appoint one of their number Intendant of said village; and the said Intendant, in addition to such authority as may be given to him by the ordinances and by-laws which shall be passed by said Commissioners, shall be clothed with all the powers of a Justice of the Peace within the limits of said village, and

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shall hold his office for one year from the time of his appointment, or until his successor is elected and qualified. Intendant. His powers. SEC. VIII. Be it further enacted, That the said Commissioners shall have power and authority to elect and commission a Marshal and Deputy Marshal for said village; and also to appoint and organize a police force within the same, with such powers and subject to such duties as may be prescribed by the ordinances and by-laws of said village. Marshal and police force. SEC. IX. Be it further enacted, That the said Commissioners shall have full power and authority to make assessments of taxable property within the said village; to levy and collect such taxes as they may deem necessary for the purpose of carrying their powers into effect; to impose and collect fines for all offenses committed against the by-laws or ordinances of said village; to collect all taxes or fines due and payable to them by executions, or other process, issued in such form as shall be by their by-laws prescribed; and generally to make and enact all such by-laws and ordinances not repugnant to the constitution and laws of the land, as they, or a majority of them, may deem expedient for the security, welfare and convenience of said village, or for preserving peace, order and good government within the same; Provided, that nothing in this section contained shall be so construed as to authorize any interference with the working, management and care of the public roads in said village by the Commissioner of Roads of said county, or his agents. Powers of the commissioners. By-laws and ordinances. Proviso. 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 November 13, 1889.

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NEW CHARTER FOR DUPONT. No. 770. An Act to reincorporate the town of DuPont as the city of DuPont; to confer additional powers on said corporation, and to codify with this charter all previous charters incorporating said town, not inconsistent with this charter, under the name of the city of DuPont; establishing a City Court for said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the present town of DuPont, in the county of Clinch, shall be, and is hereby incorporated as a city; that the inhabitants of the territory hereinafter designated is hereby continued corporate by the name and style of the city of DuPont, a body politic and corporate, with powers to govern themselves by such ordinances, resolutions and by-laws for municipal purposes, as they may deem proper, not in conflict with this charter, nor the Constitution and laws of this State, or of the United States; with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all the courts of this State, and do all other acts relating to its corporate capacity; and shall be able in law to purchase, hold, receive, enjoy, possess, and retain for the use and benefit of the said city of DuPont, in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments, of what kind or nature soever, within the limits or without the limits of said city, for corporate purposes; to hold all property and effects now belonging to said city, either in her own name or the name of others, to the use of said city, for the purposes and intents for which the same were granted or dedicated; to use, manage and improve, sell and convey, rent or lease, and have the like powers over property hereinafter acquired, and to have and use a common seal, and when said seal is adopted it shall not be changed. Re-incorporated as the city of DuPont. Corporate powers. SEC. II. Be it further enacted, That the corporate limits of said city shall extend as prescribed and set forth in former charters of DuPont, and whenever it becomes necessary for their extension, a petition to the Mayor and Aldermen from persons living in the territory desirous of attaching, shall set forth the fact in a Memorial to said Mayor and Aldermen, with the territory to be attached properly surveyed and defined, and upon the approval of the board

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of Aldermen the Mayor shall issue his proclamation giving ten days' notice of the day the vote is to be taken. When the vote is had and the majority of the votes cast are for annexation, the Mayor shall so publish, and after said publication it shall be a part and parcel of the city of DuPont. Authority to extend corporate limits. SEC. III. Be it further enacted, That the Legislative department of said city shall be vested in a Mayor and a board of eleven Aldermenten of whom are to be elected and one appointed, as hereinafter provided for. Legislative department. SEC. IV. Be it further enacted, That on the third Monday in November, 1889, there shall be an election held for a Mayor and ten Aldermen to govern said city. At said election all persons who have resided in said city thirty days prior to election, and who are citizens of Georgia, shall be entitled to vote at said election. After said first election, under this charter there shall be held every two years thereafter, on the third Monday in November, an election for ten Aldermen to govern said city, and every four years thereafter a Mayor, and no one shall be allowed to vote at said election unless having first registered, as hereinafter provided for. Election ordered. Annual elections. SEC. V. Be it further enacted, That the Mayor shall hold his office for four years; the Alderman-at-Large shall hold his office during the term of the Mayor; the Aldermen shall hold their respective offices for two years, all vacancies occurring in the board of Aldermen, they are delegated the authority to fill the same by election by their body, and the Alderman elected shall only fill out the term of his predecessor. As soon as practicable, the city shall be divided into ten wards, as nearly equal as possible, considering population and territory. And an Alderman shall thereafter be elected from each ward. The Mayor and Aldermen shall hold their offices until their successors are duly elected and qualified. Term of office. City wards. SEC. VI. Be it further enacted, That all male persons who are citizens of the United States, and shall have resided in this State six months immediately preceding the election, and within the city of DuPont thirty days preceding the election, and who shall have registered as hereinafter provided for, and who shall have attained the age of twenty-one years, and shall have paid all taxes legally imposed and demanded by the authorities of said city, shall be entitled and qualified to vote in said elections. Qualified voters. SEC. VII. Be it further enacted, That the Mayor shall have power and authority to appoint one Alderman, who may be a non-resident property-holder, for the city at large, who shall be known as the Alderman from the city at large; and after being confirmed by the Board of Aldermen, said Alderman shall have all the power

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and authority of the other Aldermen. The Mayor shall also have the power to appoint, from the non-resident freeholders of the city of DuPont, an Advisory Board, who shall, in conjunction with the Mayor and Aldermen, devise ways and means for the development of DuPont. They shall meet annually in conference, either in DuPont or the city of New York, and as often thereafter as they may deem expedient. They may make laws and by-laws to govern their body, not inconsistent with the Constitution and this charter. The Alderman at large shall be ex-officio chairman of said board. Alderman at large. Advisory board. Annual meetings. SEC. VIII. Be it enacted, That no person shall be eligible to the office of Mayor of said city unless he has attained the age of thirty years and owns freehold property in said city, and has been a resident thereof three years next preceding the election. No person shall be elected an Alderman who has not attained the age of twenty-five years, and after the first election under this charter a resident thereof for at least one year previous to his election, and shall be a freeholder in said city. Who are eligible to the office of mayor and aldermen. SEC. IX. Be it further enacted, That the Mayor shall be ex-officio Chairman of all the committees in the city, and shall examine into the work of each, giving their work general supervision; he shall appoint all the officers of the city subject to confirmation by the Board of Aldermen. The Mayor shall appoint a Recorder, who shall preside at the Mayor's Court when so designated by the Mayor, to act for him in his Court. The Mayor shall have power and authority to aftest papers and perform the marriage ceremony. The Mayor, at the first meeting of the Board of Aldermen, or as soon thereafter as practicable, shall appoint a Clerk, Marshal, Chief of Police, Lieutenants of Police, Police, a Treasurer, Recorder, Assessors, Auditor, Surveyor, Collector, Board of Health, not exceeding ten; City Physician, and all other officers of the city; the Board of Aldermen shall pass on the same, fixing their salaries and fees for same, and all of said officers shall hold their respective offices at the pleasure of the Mayor and Board of Aldermen, who shall also pass ordinances as to their duties and ferms of office, and who shall require good and sufficient bonds from each. Duties of the Mayor. Subordinate officers. SEC. X. Be it further enacted, That there shall be elected at the first election under this charter a Mayro, who shall hold his office for four years. The Mayor in all cases shall hold his office until his successor is elected and qualified, and in event that the office of Mayor shall become vacant by death, resignation, removal or otherwise, the Chairman of the Board of Aldermen, or in case his seat is vacant, a majority of the Aldermen shall order a new election by giving at least ten days' notice in any one or more of

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the city papers, or at two of the most public places in said city, and said election so held shall be managed in the same manner as the elections to be held in chief, according to the provisions of this charter; Provided, however, if the office of Mayor shall become vacant at any time within three months of the expiration of his term of office, the Chairman of the Board of Aldermen shall act as Mayor during the balance of said term and exercise all the rights and powers of Mayor during said term. The Mayor shall be the chief executive of said city; he shall see that all the laws and ordinances of the city are faithfully executed; shall examine and audit all accounts against the city before payment; shall have a salary adequate to be fixed by the Board of Aldermen; he shall have power to convene the Board of Aldermen in extra session whenever in his judgment the exigencies of the case require it. Mayor's term of office. Vacancies. Proviso. Chief executive of the city. SEC. XI. Be it further enacted, That the Mayor (or the Recorder, when so designated), or in the absence of both, the Chairman of the Board of Aldermen, shall have full power and authority to hold, at such times and places and under such rules and regulations as may be prescribed by ordinance, a Mayor's Court for said city for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding one hundred dollars and imprisonment or labor on public works for ninety days for each offense. Mayor's court. Limit of fines. SEC. XII. Be it further enacted, That said Mayor shall be to all intents and purposes, a Justice of the Peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrant shall be executed by the Marshal or Chief of Police, and to commit to the jail of the county of Clinch or to admit to bail offenders for their appearance at the next Superior Court thereafter for the county of Clinch; and it shall be the duty of the Jailor of the county of Clinch to receive all such persons so committed, and safely keep the same until discharged by due process of law. He shall have no vote, except in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the Board of Aldermen when such order, ordinance or resolution directs, contemplates or authorizes the payment of any sum over one hundred dollars by the city, or liability for the same, and said Mayor shall have four days after the meeting at which the Board of Aldermen voted thereon in which to file with the Clerk in writing his dissent; but the Board of Aldermen may, in the manner prescribed in this charter for voting on such questions, pass the said ordinance or resolution, notwithstanding the veto by a vote of two-thirds, to be taken by yeas and nays and entered on the minutes;

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in the absence of the Mayor this power may be exercised by the presiding officer for the time being. Before entering on the discharge of the duties of his office he shall take and subscribe to the following oath before some Judge of the Superior Court or Justice of the Peace: I, (A. D.,) do solemnly swear that I will, to the utmost of my ability, discharge the duties of Mayor for the city of DuPont during my continuation in office; so help me God. The Mayor, after being so qualified, shall have full power and authority to administer the oath of office to each member of the Board of Aldermen. Mayor has powers of Justice of the Peace. His vote. Veto. Mayor's oath of office. SEC. XIII. Be it further enacted, That the Mayor may, in his discretion, appoint a Recorder at the time when he appoints the other city officers, who shall hold his office during that of the Mayor, and may be removed by the Mayor for cause. The Recorder shall try offenses against the city, in the absence of the Mayor, and when so designated by the Mayor to act for him. When sitting as Recorder in the trial of a case, he shall have all the power and authority in the trial of cases, as the Mayor has under the provisions of this charter. That on the fourth Monday in November of each year after election, the Mayor and Aldermen elect shall meet at the city hall for the purpose of organization, and they shall be qualified as heretofore provided for. The Mayor and five Aldermen shall constitute a quorum for the transaction of business. And no Alderman shall receive any compensation for services rendered the city as such. The Mayor and Aldermen shall, on the day of their organization, elect by ballot a Chairman of the Board of Aldermen, who shall, in case of the absence, death, or resignation of the Mayor, be vested with all his powers, and shall execute all the duties pertaining to his office, and in the absence of both a chairman pro tempore chosen by the board, shall have the like authority and power. That the Mayor and Board of Aldermen shall secure a just accountability, by requiring bonds, with sufficient penalties and securities, from all persons entrusted with the receipt, custody or disbursement of money, and shall, as often as once a year, cause to be published for the use of the inhabitants, a particular account of the receipts and expenditures, and a schedule of city property and of the city debts; and it shall be the duty of said Mayor and Aldermen to publish in some newspaper of said city, or give other public notice of the proceedings of each and every meeting held by them, and no ordinance, resolution, by-law, or rule of a public character shall be binding until the same has been so published, and no ordinance or by-laws shall become laws until they are read at two different meetings of the Board of Aldermen. At the time the Mayor appoints the City

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Attorney, City Engineer, City Sexton and other officers, he shall also appoint a City Auditor. He shall examine quarterly the books, papers and accounts of all the city officers, through whose hands money may pass, may make a written report to the Mayor or Aldermen as to the correctness of said accounts. The appointment of Auditor, with the duties above set forth, shall not relieve the members of the Board of Aldermen of the responsibility of examining into accounts for and against the city and into the report of the city officers. The said Mayor and Aldermen shall have authority to establish a fee bill for the officers of said city not higher than the fees allowed county officers, nor lower than those allowed Justices of the Peace and Constables of the State. And the Mayor and Aldermen of the city of DuPont shall not be liable to pay any insolvent execution, except upon such terms and regulations as they may prescribe. Recorder. His duties and powers. Chairman board of aldermen. Annual statements. City auditor. Fee bill. SEC. XIV. Be it further enacted, That the Marshal shall be separate and distinct from the police force of the city. It shall be his duty to collect or levy fi. fa.'s for taxes and fi. fa.'s for fines, and advertise and sell property so levied on, and make titles to purchasers, and put them in possession of property as sold at sales under laws governing said Mayor and Aldermen, under the same rules and regulations that govern the Sheriff and his deputies at Sheriffs' sales. He shall do and perform such other services as the Mayor and Aldermen shall prescribe by ordinance. It shall be his duty to act as city inspector, under such rules and regulations as the Mayor and Aldermen may prescribe, who shall be empowered to enforce the State laws on the subject of weights and measures, and such other rules and requirements as are not in conflict with the laws of the State. All precepts, executions or other processes issued from the Clerk's office of the city of DuPont shall be directed to the Marshal of the city of DuPont. The police force of the city shall consist of a Chief of Police, Lieutenants of Police and police, and such other officers and men as the City Council shall by ordinance prescribe. It shall be their duty to make arrests in the manner prescribed by law of persons violating any penal law of the State; they shall perform such other duties as may be imposed by law of the State or ordinance of the city. It shall be the duty of the Chief of Police to prosecute offenders before the Superior Court of Clinch county and the City Court of DuPont for any dereliction of duty, they to be removed by the Mayor and Aldermen. The Council shall cause the entire police force of the city to be armed, and so uniformed as to be readily recognized by the public as peace officers. All warrants, summons and other papers

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emanating from the Clerk's office of a criminal nature shall be directed to the Chief of Police of the city of DuPont, and it shall be the positive duty of said Chief to prosecute before the State courts all criminal offenses committed in said city. That the Clerk, the Chief of Police and all members of the police force of said city, who are [Illegible Text] declared ex-officio constables of said city, shall be officers of the police court, and they are hereby authorized to demand and receive, for services rendered or duties performed in said court, such fees and costs for themselves, to be collected from the defendant, if convicted, as may be established by ordinance of the city; Provided, in costs such cases shall not exceed double the amount allowed constables for similar services under the laws of this State. The salary of the Judge of the City Court of DuPont shall be affixed by the Board of Aldermen of said city. The Judge of said court may be competent to hold any other office, city, State or Federal; Provided, said office does not conflicit or interfere with his duties as the Judge of said court. The Judge of said court may designate the Clerk, Chief of Police and police department of said city as the officers of his court. Marshal. His duties Police. Their dutie Criminal warrants. Fees and costs. Proviso. Judge of city court. SEC. XV. Be it further enacted, That the Mayor and Aldermen are hereby empowered to maintain a system of public schools, which shall be free to all the children within said city; and the said Mayor and Aldermen shall, by ordinance or otherwise, in their discretion, provide for appropriate agencies to regulate, improvise and carry on said system of schools, and render the same efficient. Public schools. SEC. XVI. Be it further enacted, That the Mayor and Board of Aldermen shall have full power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same, and require that no person be permitted to vote unless registered. The Mayor shall appoint some suitable person as Registrar, who shall open his list in said city sixty days immediately preceding the day of each annual election, which list shall be kept open thirty days and then absolutely closed. It shall be the duty of the Registrar to swear each applicant presenting himself for registration, as to his being entitled to vote. The name of the applicant, with his age, place of business, and residence in the city of DuPont, must be recorded in a book kept for that purpose; and no person shall be allowed to register unless he has paid all taxes demanded of him by the authorities of DuPont, and of the age of twenty-one years, residence in the State twelve months, in the county six months, and a continuous residence in the city thirty days next preceding the election in the city of DuPont. It shall be the duty of the

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Registrar or Clerk of Council to arrange and publish in some newspaper in said city, or by posting in some conspicuous place, at least once a week, from the time of opening such registry list, until the day of election, a list of the names so registered (also posting same on the city hall door). The Mayor shall appoint three fit and proper persons freeholders (but not a candidate) to superintend said elections, which shall be held under the laws of this State, so far as they may be applicable thereto; and the person receiving the highest number of votes polled for Mayor and Aldermen shall be declared duly elected, and the Superintendents of said election shall give a certificate to that effect, which certificate shall be the evidence of their election and their authority to act, and shall be recorded by the Clerk of Council, and shall be held and considered the highest evidence of such election. Should any person knowingly personate another and attempt to register, or to do any other unlawful act whatever to secure registration for himself or another, or prevent or hinder any person having a lawful right to register; or if the person acting as registrar allow or admit to registration any person unlawfully, or refuse or neglect to register any person, or the party registering or the Clerk of Registration do any unlawful act while acting in said capacity, shall be guilty of a misdemeanor, and, upon conviction in Clinch Superior Court, shall be punished as prescribed in 4310 of the Code of Georgia. It shall be the duty of the Clerk of Registration to furnish the managers of all elections of Mayor and Aldermen in said city with an alphabetically arranged list of all registered voters in said city, with their place of business or residence, and it shall be the duty of said managers of elections to allow no one to vote in said elections unless qualified to do so under the provisions of this Act, and any person voting or attempting to vote at such elections, when not qualified under the provisions of this Act, shall be guilty of a misdemeanor, and, on conviction before the Superior Court of Clinch County, or the City Court of Dupont, shall be punished by fine or imprisonment, or labor on the streets of said city, at the discretion of the court. Registration of voters. Duties of the registrar. Who are qualified to register. List of registered voters must be published. Penalty for illegal voting. Penalty for illegal registration. SEC. XVII. The said Mayor and Aldermen shall have full authority to pass all by-laws and ordinances respecting public buildings and grounds, work-houses, carriages, wagons, carts, drays, pumps, wells, fire engines, care of the poor, suppression of disorderly houses, houses of ill-fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquillity of any citizen or citizens thereof, and every other by-law, regulation and ordinance that may seem to them proper for the

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security, for the peace, health order and good government of said city; they shall prescribe by ordinance adequate penalties for all offenses against the ordinances of said city, and to punish offenders by fines not exceeding one hundred dollars, and imprisonment in the calaboose not exceeding ninety days, for each offense; to enforce the payment of fines by compelling offenders, and those who fail or refuse to pay said fines, to work on the streets or public works of said city; they shall have the power to compel offenders sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordiance; they are authorized to farm out all persons sentenced to imprisonment for violating the ordinances of said city, in the same manner and upon the same terms as the Ordinaries of this State are authorized to farm out convicts, and may hire the same to any county. They may establish workhouses, and to cause the labor and confinement therein, and also to work on the streets, drains, squares and commons of said city, by all persons, whether white or colored, who shall have been convicted of offenses against the ordinances, by-laws and regulations of the city, or the laws of the State, and so sentenced by the proper tribunal. The Mayor and Aldermen of said city shall have full authority to compel the attendance of parties and witnesses at the Mayor's Court, and the meetings of said Board of Aldermen; and for this purpose said Mayor and Aldermen shall have authority and power to take and receive of parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses, and to pass all ordinances necessary to carry this provision into effect, and to forfeit and collect said bonds in the same manner as such bonds are now forfeited in the Superior Court of this State. That the Police Court of said city is hereby constituted a court of record, and the Mayor or chairman of the Board of Aldermen (and when so designated by the Mayor the Recorder) is hereby authorized and empowered to preside in said court, and to hold sessions thereof as often as to him may appear necessary; and said court shall have cognizance of all offenses against the ordinances, by-laws, rules and regulations of said city, and the laws of this State touching said city, with power to inflict the proper punishment by fines, imprisonr ment, labor, or other penalty prescribed by such ordinances, by-laws and rules and regulations, from time to time, and to enforce the same by mittimus, directed to the Chief of Police or any lawful officer thereof. The said court shall have power to commit to jail of the county of Clinch, or the guard-house, any and all persons who may disturb said court during its sittings, or who may, in any manner,

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be in contempt of its lawful authority; and an appeal may be entered or taken from any judgment or decision of said court (except a commitment for contempt) to the Mayor and Aldermen of said city, in Council assembled, all costs being first paid, and bond being given to abide the decision of said Council; and no certiorari shall ever be allowed or granted until such is entered and the same is heard and determined by the Aldermen; and on the confirmation by the Aldermen of the judgment or decision of said Police Court, in whole or in part, no certiorari therefrom shall be allowed until the costs shall have been paid in the treasury of the city, and bond and security given for the final condemnation money; Provided, imprisonment for contempt shall not exceed ten days, and fines for the same shall not exceed twenty-five dollars; and the Mayor of said city, while sitting as Judge of the Police Court of said city, shall have the authority and power to make the punishment inflicted for the violation of the ordinances of said city alternative id est, fine, and in default of payment of fine, imprisonment in the guard-house or work on the public works, streets, etc. Authority to pass such ordinances as needed for government of the city. Authority to farm out convicts. Appearance bonds Police court. Its powers. Right of appeal. Proviso. SEC. XVIII. Be it further enacted, That the said Mayor and Aldermen shall have full power and authority to pass all needful ordinances and resolutions and by-laws for the successful carrying into effect this Act, and that any of the officers of said corporation who may be sued for any act done in his or their official character may justify under this charter. May pass all needful ordinances to carry charter into effect. SEC. XIX. Be it further enacted, That all laws or parts of laws in any way in conflict with the provisions of this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING SANDY SPRINGS CHURCH AND CAMP-GROUND. No. 773. An Act to incorporate the Sandy Springs Church and Camp-Grounds, in Fulton county, for police purposes. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Trustees or Directors of the Sandy Springs Church and Camp-Grounds be, and they are hereby incorporated and empowered

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with police authority over the camp-grounds and vicinity during the holding of religious meetings at that place. Police authority. SEC. II. Be it further enacted by the authority of the same, That such Trustees or Directors may designate an officer or officers to carry out the purposes of this Act, and such officer or officers shall be vested with authority to make arrests for disorderly conduct, or for such acts of violence or misbehavior as are punishable by the laws of the State. Police officer. 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 November 13, 1889. INCORPORATING TOWN OF WALESCA. No. 781. An Act to incorporate the town of Walesca, in the county of Cherokee, and State of Georgia, for the election of a Mayor and Councilmen; to prescribe their powers and duties; define the limits of said town; also define the municipal powers and privileges, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, the town of Walesca, in the county of Cherokee, is hereby incorporated; that the corporate limits of said town of Walesca shall extend one mile in every direction from the Reinhardt Normal College building in said town of Walesca. Corporate limits defined. SEC. II. Be it further enacted by the authority aforesaid, That the municipal government of town of Walesca shall consist of a Mayor and Councilmen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of Walesca, and by such name they shall have perpetual succession; may sue and be sued; plead and be impleaded; may have and use a common seal; and shall be capable, in law and equity, to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, for use of the town of Walesca, any estate or estates, real or personal, of whatsoever kind or nature, within the jurisdiction and limits of said town, and may make all such contracts in their corporate capacity as they may deem best for said town. Corporate name. Corporate powers.

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SEC. III. Be it further enacted, That the terms of office of the Mayor and Councilmen shall each be two years, and until their successors are elected and qualified, except as to the Mayor and three of the Councilmen elected at the first election held under this charter, which first Mayor and three of the first Councilimen elected shall hold their offices for four years, after which they shall hold their offices for two years, as hereinafter provided. Term of office. SEC. IV. Be it further enacted, That on the second Wednesday in December, 1889, there shall be held in said town an election for a Mayor, who shall hold his office for four years, and until his successor is elected and qualified, and six Councilmen, three of whom shall hold their offices for four years and three of whom shall hold for two, and until their successors are elected and qualified. At said first election the voters shall designate upon their ballots the three Councilmen whom they wish to hold office for four years and the three whom they wish to hold for two years; at said first election all persons residing within the incorporate limits aforesaid who would be entitled to vote for members of the General Assembly shall be qualified electors. After said first election there shall be held annually, on the second Wednesday in September, an election for Mayor and three Councilmen, or for three Councilmen only, if the Mayor's term of two years is not about to expirethat is, after the said first Mayor and three of the first Councilmen, who hold their term of office for four years instead of two. At such subsequent elections all persons who shall have been bona fide residents of said town for sixty days before the day of the election, who, before registering, as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of the town; who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such election shall be conducted under the management of a Justice of the Peace and two freeholders, who are residents of said town, and not candidates in said election; or, in the absence of a Justice of the Peace, any three freeholders, residents of said town, not candidates in said election, may manage the same. Said managers shall conduct such elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at 8 o'clock a. m. and closed at 3 o'clock p. m. After the first election held under this charter, the Mayor and Council may appoint any three freeholders, or any two freeholders and a Justice of the Peace, who are residents of said town, to conduct said election. The managers shall each, before proceeding with election, take and subscribe the following

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oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or Justice of the Peace to hold the same; that we will make a just and true return thereof and not knowingly permit any one to vote unless we believe that he is entitled to do so, according to the charter of this town, nor knowingly prohibit any one from voting who is so entitled, and that we will not knowingly divulge for whom any vote was cast unless called upon under the law to do so. So help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed before some officer authorized to administer oaths, if any such be present, and if no such officer is present, said oath may be made and subscribed by each manager in the presence of the others. The managers acting at the first election held under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of said town; said certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties after qualification, as hereinafter provided. The managers of each subsequent election shall issue to the newly-elected Mayor and each of the Councilmen elected a like certificate, and shall also certify the result of the election to the acting Council, which last certificate shall be entered upon the records of said Mayor and Council. Said managers shall also furnish to the Council one of the tally-sheets of said election, certified to by them as correct. First election Qualified voters. Annual elections. Qualified voters. Manner of holding elections Polls Managers' oath. Certificate of election. SEC. V. Be it further enacted, That in the event that the office of Mayor, or of any one or more Councilmen, shall become vacant by death, removal, disqualification, or other cause, the Mayor, in case his office is vacant, the Mayor pro tem., or the Councilmen, if both said offices should be vacant, shall order an election, of which at least ten days' written notice shall be given by publication in some newspaper published in said city, or if there is no such newspaper, by posting the notice at three of the most public places in said town, to fill such vacancy or vacancies; said newly-elected persons to fill unexpired terms only. Vacancieshow filled. SEC. VI. Be it further enacted, That before entering upon the duties of their respective offices, the Mayor and each Councilman shall make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving on me as Mayor or Councilmen, as the case may be, of the town of Walesca, during my continuance in office, according to the best of my ability and understanding. So help me God. Said oath shall be entered upon the records of the town. Oath of office.

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SEC. VII. Be it further enacted, That the Mayor and Councilmen shall elect annually, at the first regular meeting of the Council in September, a Mayor pro tem. from the Councilmen, whose duty it shall be to act in all cases as Mayor in the absence, disqualification or sickness of the Mayor, during which time he shall be clothed with all the necessary powers of the Mayor; a town Marshal, a Clerk and Treasurer, and, when the growth of the town may require additional police protection, such number of policemen as they deem best. All of said officers shall hold their offices for two years, and until their successors are elected and qualified; Provided, that any of said officers may be removed at any time by a majority vote of the Mayor and Council, for neglect of duty, incapacity, or malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the Mayor and Council, which are not inconsistent with the provisions of this Act. The Mayor and Council may also appoint special policemen, when in their judgment such appointment may be necessary, such policemen to be discharged when the emergency requiring their service has passed, and to be compensated as the Mayor and Council may determine; or the Council may, by a general ordinance, provide for the appointment at a fixed compensation per day, week or month, of such special policemen by the Mayor. While such special policemen are on duty they shall have the same authority in preserving order, and be charged with the same duties as are prescribed for the regular policemen of the town. Mayor pro tem. Subordinate officers. Proviso. Special policemen. SEC. VIII. Be it further enacted, That in no case shall the corporation herein created be liable in damages to any person or persons for any unlawful or unauthorized arrest, or false imprisonment made or effected by the Marshal or any of the policemen of said city, but if damages are ever thus sustained, they can only be recovered out of the officer or officers whose unlawful and unauthorized conduct may have produced them. Corporation not liable for damages for false imprisonment. SEC. IX. Be it further enacted, That after the first election held under this charter, no person shall be allowed to vote in any election held for said town who has not been duly registered as hereinafter provided. Voters must register SEC. X. Be it further enacted, That it shall be the duty of the Clerk and Treasurer, upon the first Monday in August of each year, to open a registration list or book for the registration of the qualified voters of said town; said list shall be kept open from nine o'clock a. m. until twelve m., and from two o'clock p. m. until five o'clock each and every day (Sundays and legal holidays excepted), or such time as the Council may determine, until the

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first Monday in September, when it shall be fairly and absolutely closed. It shall be the duty of the Clerk and Treasurer, upon application in person and not by proxy, of any male citizen, who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the town, and who, upon the day of the election, if then a resident, will have resided in said town for sixty days prior thereto, to register the name of such person recording on said list, besides the applicant's name, his age, occupation or business, and the locality in the town where he resides; said Clerk or Treasurer shall not knowingly permit any one to register who is not lawfully entitled to do so, and may, in any case before registering the applicant, administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county for six months, and in this town sixty days next preceding this registration; or that, by the date of the next town election, if still a resident of the town, you will have fulfilled these conditions: that it is your intention to remain a resident of this town until the day of the election; that you are twenty-one years old; that you have paid all taxes due the town of Walesca, and that you have made all returns required of you by the ordinances of this town. So help you God. Books of registration. Who may register. Oath to be administered by registrar. SEC. XI. Be it further enacted, That it shall be the duty of the Clerk and Treasurer to prepare a list of the names registered, arranged in alphabetical order, and publish the same in some newspaper published in said town, between the time of said registration list and the day of the election; or, if there be no such newspaper, or no issue thereof in which said list can be published, then he shall post copies of said alphabetical list of the registered voters at least two of the most public places in said town for two days before the election. It shall also be the duty of the Clerk and Treasurer to furnish the managers of the election, at or before the opening of the polls on the day of the election, with a complete list of all the registered voters arranged in alphabetical order, certified to under the hand of the Clerk and Treasurer and the corporate seal of the town. Said list shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear upon said list; and when said election is over it shall be the duty of the said managers to return said list to the Town Clerk and Treasurer to be by him safely kept and preserved. List of registered voters must be published. List must be furnished to managers of election.

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SEC. XII. Be it further enacted, That any person voting at any town election, who is not qualified to vote according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction thereof in the Superior Court of Cherokee county, he shall be punished as prescribed in section 4310 of Code of this State of 1882. Penalty for illegal voting. SEC. XIII. Be it further enacted, That any person qualified to vote at said town election, as above provided for, and eligible to hold office according to the Constitution and laws of this State, shall be eligible to hold any office in said town. Eligibility to office. SEC. XIV. Be it further enacted, That the salaries of officers of the town of Walesca shall be fixed by the Mayor and Council at the first regular meeting in September of each year, which salaries shall not be increased nor diminished during the terms of office of said officers. Salaries. SEC. XV. Be it further enacted, That the Mayor and Council shall have full power to levy and collect an ad valorem tax not to exceed one per cent. upon all property, real or personal, within the incorporate limits of the town, which is taxable under the laws of this State. Said ad valorem tax shall be for the purpose of defraying the general expenses of the town government. Ad valorem tax. SEC. XVI. Be it further enacted, That said Mayor and Council shall have authority, in addition to the ad valorem tax above provided for, to levy and collect a specific tax upon all billiard tables, ten pin alleys, or nine pin alleys, and all tables and alleys of any kind, used for the purpose of playing with balls or pins, or both, within said town, and on all contrivances of whatever kind used for the purposes of gaming or carrying on a game of chance by selling cards, tickets, or numbers, or by turning a deal or wheel, selecting or designating cards, pictures, envelopes or photographs from a number of similar articles or objects; or by pitching rings at sticks or knives, or by throwing dice, or by any other artifice or contrivance whatever. They shall also have authority to levy a tax, in such sums as they may see proper, upon all circuses, sleight-of-hand performances, tricks of legerdemain, theatrical exhibitions and other shows which may exhibit in said town; such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by execution, as hereinafter provided in this Act, for other taxes. Said Mayor and Council shall also have authority to levy and collect such license taxes upon any or all business occupations, of whatever kind or character, carried on for any length of time in said town, as they may see proper, and to enforce the collection of the same, as in case of other taxes. Special tax Avocation tax.

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SEC. XVII. Be it further enacted, That said Mayor and Council shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said town. They shall have power, if necessary, to establish a market in said town; to regulate all butcher pens, slaughter houses, tanyards, livery stables, blacksmith shops, forges, stoves and chimneys, steam saw-mills, steam grist-mills, mill-ponds, fish-ponds, and steam gins within said town, and remove, or cause to be removed, the same, or any of them become nuisances, dangerous or injurious to the health of the town. They shall have power also to fill up all pits, cellars or excavations in said town, or cause the owner to do so, when they shall deem it necessary for the public interest for the same to be done. They shall have power to license and regulate all taverns and public houses; to license and regulate all drays, omnibuses, hacks, wagons and other vehicles owned or kept for use and hire in said town, and to regulate and control all public pumps and wells, fire companies or engines, or any apparatus of like character in said town. They shall have power to remove, or cause to be removed, all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered dangerous, or considered a nuisance. Obstructions or nuisances. Market. Public houses and vehicles. Unsafe buildings. SEC. XVIII. Be it further enacted, That said Mayor and Council of Walesca shall have power to license and appoint annually as many auctioneers, or vendue masters, for the town as they may deem proper, and to fix and collect the amount of license fees required of each. They shall further have power to levy a tax upon all goods sold at auction in said town, to be paid by the auctioneer. They shall have power and authority to license all other occupations or business not herein specially provided for and not otherwise taxed. Auctioneers and vendue masters. SEC. XIX. Be it further enacted, That said Mayor and Council shall have power to license, regulate or prohibit the making or the sale of spirituous liquors and other intoxicating drinks in said town; Provided, the tax for the sale of spirituous liquors or intoxicating drinks in said town shall not be less than ten thousand dollars; Provided, however, the above provision of this section, relating to the sale of spirituous liquors and intoxicating drinks, shall not be operated so long as the sale of spirituous liquors is prohibited by special Act, State or local. Liquor license. Proviso. SEC. XX. Be it further enacted, That the Mayor and Council shall have power and authority to open, lay out, widen, straighten or otherwise change the streets and alleys of said town, and shall have power to lay off, vacate, close up, open, alter, curb, pave, drain and repair the roads, streets, bridges, sidewalks, alleys, crosswalks,

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drains and gutters, for the use of the public or any citizen of the town. They shall have power to protect places of public worship; to provide places for the burial of the dead and to regulate interments therein; to regulate the keeping of gunpowder and other combustibles and explosives; to make regulations for guarding against fire, and to fix and establish fire limits, and from time to time change, enlarge or restrict the same. Authority to open, lay out, widen or extend streets. SEC. XXI. Be it further enacted, That said Mayor and Council shall have power and authority to pass all such ordinances and regulations for the government of said town, for the suppression of disorderly conduct, the protection of life and property, the maintenance of the public peace, and the protection of the public health, which are not repugnant to the Constitution and laws of this State or of the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. May pass needful laws to protect property, life, etc. SEC. XXII. Be it further enacted, That all male residents of said town, between the ages of sixteen and fifty, who have resided in said town thirty days before the first day of April of each year (except licensed ministers of the gospel in charge of one or more churches), shall be subject to work the streets of said town not to exceed fifteen days in each year, or to pay a commutation tax in lieu thereof not to exceed five dollars, as the Mayor and Council may determine. Should any person, liable to work the streets of said town under this section, fail or refuse so to do, or to pay the street tax assessed in lieu of such service, after having received due notice from the Marshal so to do, such person may be sentenced by the Mayor to work upon the streets of said town for and during the term of not exceeding fifteen days, under the direction and control of the town Marshal, or to confinement in the guard-house for a term not exceeding ten days, in the discretion of the Mayor. Who are liable to work the streets. Commutation tax. Penalty for not working streets. SEC. XXIII. Be it further enacted, That should any person fail or refuse to pay the town tax or license, or tax and license imposed by the town authorities according to this charter, within the time allowed or prescribed by the ordinances of said town, the Clerk and Treasurer shall issue an execution against such delinquent tax-payer for the amount due by him to the town, which shall be signed by the Clerk and Treasurer in his official capacity, and bear test in the name of the Mayor and Council of Walesca. Said execution shall bind all the property that said defaulting tax-payer owned in said town on the first day of April in the year for which such taxes are due. Said execution shall be directed to and enforced by the Marshal of said town, who, after levying the same

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upon the property of such defaulting tax-payer, shall, if the property levied upon be personal property, advertise the sale by posting a notice thereof in three of the most public places in said town for ten days before the sale, and if the property be real estate he shall advertise the same once a week for four weeks in the public gazette wherein the Sheriff's sales of Cherokee county are advertised, before selling the same. All sales under such execution shall be made by the town Marshal before the door of the Council Chamber, or at such place as the Mayor may direct, notice of which place and the time of the sale shall be contained in the advertisement. The property levied upon shall be sold by the Marshal, at public outcry within the hours allowed by law for Sheriff's sales, to the highest and best bidder. Where personal property is sold, the Marshal shall deliver possession thereof on the spot to the purchaser. Where real estate is sold, the Marshal shall make to the purchaser a deed, which shall be as effectual in passing the title as the deed of the person against whom the execution is issued; and it shall be the duty of such Marshal, upon application by the purchaser or his agent in possession of the real estate sold; Provided, said Marshal shall not be authorized to turn out any other person than such delinquent tax payer, his heirs, tenants or assignees, since the lien of the town for taxes attached. The Clerk and Treasurer shall be entitled to fifty cents costs for each fi. fa. issued, and the Marshal to the same fees for levies as are by law allowed to Bailiffs in this State, and to the same fees for selling as are received by the Sheriffs of this State. Executions against delinquent tax-payers. How advertised. Marshal's sales. Proviso. Fees. SEC. XXIV. Be it further enacted, That said Mayor and Council of Walesca shall have power and authority to establish and provide regulations for a town guard-house, in which to confine for punishment when necessary, persons sentenced by the Mayor for violating any of the town ordinances, or any of the penal sections or provisions of this charter, and for the safe detention of all disorderly persons and all persons committing or attempting to commit crimes. Guard house. SEC. XXV. Be it further enacted, That the Marshal or any policeman of said town shall have the right to take up all disorderly persons committing or attempting to commit any crime, and to confine them in the guard-house to await their trial the next day. Authority to confine. SEC. XXVI. Be it further enacted, That the Mayor and members of Council shall be bound to keep the peace, and for this purpose shall be ex-officio Justices of the Peace, so as to enable them, or either of them, to issue warrants for offenses committed within the jurisdiction of the town of Walesca, and shall have full power,

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on examination, to commit the offender or offenders to the guardhouse in said town, or to the jail of Cherokee county, or to bail them, if the offense be bailable, to appear before the next Superior Court of Cherokee county. Mayor and Aldermen are ex-fficio Justices of the Peace. SEC. XXVII. Be it further enacted, That the Mayor of said town, or the Mayor pro tem. when acting as Mayor, shall have power and authority to hold a Police Court for the trial and punishment of all violators of the ordinances, rules or regulations of said town, and upon conviction to punish such offenders by a fine not to exceed fifty dollars and costs, or by labor on the streets of said town under the control and direction of the town Marshal, not to exceed forty days, or by confinement in the guard-house not to exceed thirty days. The Mayor may, in his discretion, sentence the offender in the guard-house or to work upon the streets for a specified time, and allow in such sentence a commutation of such punishment upon the payment of a specified fine, not to exceed fifty dollars and costs. The Mayor, when presiding in such Police Court, shall have authority to punish for contempt by a fine not exceeding five dollars, or imprisonment in the guard-house not to exceed forty-eight hours. Police court. Limit of fines. Contempt. SEC. XXVIII. Be it further enacted, That whenever any execution issued by the proper authority of said town for fines, forfeitures, taxes, licenses, or any other debt or demand due said corporation, shall be levied on any property which is claimed by any other person not a party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and the said claim shall be returned and tried before a jury in the first Justice Court, or the Superior Court having jurisdiction thereof, as the case may be. Claims of illegality. SEC. XXIX. Be it further enacted, That the Mayor and Council shall prescribe by ordinance the time and manner in which, and the person or persons to whom all property, occupations, etc., shall be returned for taxation by said town. Tax returns. SEC. XXX. Be it further enacted, That said Mayor and Council shall have power and authority each year, if in their discretion they see proper, to appoint three assessors, whose duty it shall be to value the real estate in said town for taxation, and to scrutinize carefully each return of property, real or personal, by any tax-payer of the town, and if, in their judgment, they shall find the property embraced in the return, or any portion of it, returned below its value, they shall assess the value thereof within fifteen days. Whenever the assessors shall raise the valuation at which the tax-payer has returned his property, they shall give him written notice of their

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assessment, and it shall be the tax-payer's privilege, if dissatisfied with the assessment, to have the matter left to three disinterested persons, residents of said town, one of whom shall be selected by him, one by the assessors, and the other by these two so selected, and a majoritty of these arbitrators shall fix the assessment which shall be final and conclusive. Tax Assessor. Arbitrators where assessment is excessive. SEC. XXXI. Be it further enacted, That the Clerk and Treasurer of the town of Walesca shall give bond in a sum to be fixed for his term of office by the Mayor and Council, with at least two good securities, conditioned for the faithful performance of his duties as Clerk and Treasurer of said town, which bond shall be approved by the Mayor. He shall also take an oath before the Mayor that he will, to the best of his skill and power, faithfully perform the duties of his office without favor or partiality. Bond of Clerk and Treasurer. SEC. XXXII. Be it further enacted, That said Mayor and Council shall have authority, if in their discretion they see proper so to do, during the month of March in each year, to appoint five fit and proper persons, who shall constitute the Board of Health of said town. When the Board of Health is appointed, it shall be its duty to meet once a week, or as often as may be necessary, to visit all and every part of the town, and to report in writing to the Mayor and Council all nuisances which are likely to endanger the health of the town, or of any neighborhood. Said Mayor and Council shall have power, upon the report of the Board of Health, to cause said nuisance to be abated, and the recommendations of the board carried out in a summary way, at the expense of the party whose act or negligence caused said nuisance, or of the owner of the premises, as the Council may elect. Board of Health. Abatement of nuisances. SEC. XXXIII. Be it further enacted, That said Mayor and Council shall have power and authority, upon the recommendation of the Board of Health, to cause the owners of lots or parcels of lands in said town to drain the same, or to fill the same to the level of the streets or alleys upon which they front, or to drain any pond or pool of water thereon; also, to compel the owner or owners of cellars, occasionally holding water, to cause the same to be emptied of the water, or filled up if necessary; and in case the owner of said lot or lots, or parcel or parcels of land, shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of said Mayor and Council, by filling up said lots or parcels of land, or by draining the same, or by draining any pond or pool of water thereon, or by emptying or filling up said cellars, it shall be lawful for said Mayor and Council to employ some one or more persons to do the same, and for the amount expended for this purpose

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the Clerk and Treasurer shall forthwith issue an execution against the owner of said property, to be collected from said lot or parcel of land, or out of any other property belonging to him, and a sale under such execution by the Marshal shall pass the title as completely to the purchaser as a sale under a judgment and execution by the Sheriff of the county. They shall also have authority, upon the recommendation of such Board of Health, to make and enforce (for any length of time) such rules and regulations as they may deem proper to prevent the introduction into said town of any infectious or contagious disease, or to isolate, localize or prevent the spread or increase of the same when found in the town. The power and authority conferred in this and the preceding section may be exercised by the Mayor and Council, in their discretion, without the recommendation of the Board of Health, if at the time no such board exists in the town. Authority to have lots drained and cellars filled. At the expense of the owners. Quarantine SEC. XXXIV. Be it further enacted, That said Mayor and Council shall have the right at any time to fill any vacancies that may occur in said Board of Health. Vacancies. SEC. XXXV. Be it further enacted, That the provisions of this charter may be pleaded and shall be complete defense to any action brought against the said Mayor and Council, or either of them, for any act or acts done by them, or either of them, under and in accordance with its provisions and the ordinances passed in pursuance thereof. Charter protects mayor and Aldermen. SEC. XXXVI. Be it further enacted, That said Mayor and Council shall have power and authority to compel the owners or lessees of property to pave or otherwise keep in good order and condition, as they may direct, the sidewalks in front of such property; they may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the town, or in any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance passed in pursuance of this section, the work may be done by the town, and the expense attending the same collected by execution issued against said owner or lessee. Paving sidewalks. SEC. XXXVII. Be it further enacted, That the Mayor who presides in the Mayor's Court may call said Court whenever he may deem it necessary to clear the guard-house or dockets of said court. Mayor's court. SEC. XXXVIII. Be it further enacted, That on the first (1) day of January, 1890, it shall not be lawful for any horse, mule, cow or hog, or any other domestic animal used, or fit for either labor or food, to run at large within the corporate limits of the town of Walesca, Cherokee county. Stock restrictions.

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SEC. XXXIX. Be it further enacted, That if any stock enumerated in the first section of this Act shall be found running at large on the lands of any person, whether owner, lessee or renter, within said corporate limits of the town of Walesca, that the owner or owners, lessee or renter of said land shall be authorized to impound said stock and dispose of them as is prescribed for in sections 1451, 1452, 1453 and 1454 of the Code of Georgia of 1882, or may be punished for the violation of this section by the Mayor and Council, as may be provided by ordinance by them. Authority to impound stock found trespassing. SEC. XL. Be it further enacted, That the Mayor and Council of said town are hereby empowered to maintain a system of Public Schools in said town, and the said Mayor and Council shall, by ordinance or otherwise, in their discretion, provide for appropriate agencies to regulate, improvise and carry on said system of schools and render the same efficient; Provided, that said schools shall be under the supervision and control of a Board of Education, composed of the resident trustees of Reinhardt Normal College, who reside in the town of Walesca. System of public schools. Board of education. SEC. XLI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. AMENDING CHARTER OF ELLIJAY. No. 782. An Act to amend the charter of the town of Ellijay. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that An Act to incorporate the town of Ellijay, in the county of Gilmer; to grant election powers and privileges to the same, and for other purposes, approved August 16, 1883, shall be amended by adding thereto the following, to be known as section twelve (12), to-wit: That the Mayor shall have the right to try all persons for violating the laws of said town; and that the Mayor and Councilmen shall have the power to grant or convey to any person the right to use any of the streets of said town of Ellijay, or any part of the street or streets of said town, to any person or persons for the purpose of erecting a street railway. Authority to grant privilege of street to any railroad.

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SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING TOWN OF STILLMORE. No. 791. An Act to incorporate the town of Stillmore, in the county of Emanuel, and for other purposes connected therewith. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the town of Stillmore, in the county of Emanuel, be, and is hereby, incorporated, and that the corporate limits of said town of Stillmore shall extend one-half of a mile in every direction from the railroad depot in said town as at present located. Corporate limits. SEC. II. Be it further enacted, That on each and every second Monday in January after the passage of this Act, all the citizens residing in the corporate limits of said town who shall be entitled to vote for members of the General Assembly of this State, and shall have lived within the corporate limits of said town for a space of time amounting to sixty days previous to time of holding said election, shall be entitled to vote for a Mayor and four (4) Aldermen, which election, held annually on said day, shall be held in said town and in the manner and under the same rules and regulations as are elections for members of the General Assembly, so far as they are applicable; the polls to be opened and closed as at precincts. Annual elections. Qualified voters. SEC. III. Be it further enacted, That the certificate of the managers of the election shall be proof of election, and that, before entering upon the duties of their office, the Mayor and Aldermen shall each make and subscribe an oath to faithfully discharge his duties as an officer of said town. Certificate of election. SEC. IV. Be it further enacted, That all contested election cases shall be heard before the managers of the election under such rules as may be prescribed by the Mayor and Aldermen, and all vacancies in the Board of Mayor and Aldermen occurring between elections shall be filled by the remaining members of the board. The term of the Mayor and Aldermen, except when elected to fill an unexpired term, shall be for one year and until their successors are elected and qualified. Contested elections. Term of office.

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SEC. V. Be it further enacted, That said Board of Mayor and Aldermen shall have full power and authority to alter the rules and regulations herein prescribed for the management of elections; to pass all ordinances and by-laws for the government of said town not in conflict with the laws of this State, or of the United States, and to enforce the same by execution, by fine or imprisonment, and may sentence in the alternation; said board may provide for the trial of cases and offenders before the Mayor, and for an appeal from his decision to the full board, or a majority of them. Corporate powers. SEC. VI. Be it further enacted, That said Mayor and Aldermen, a majority of whom shall constitute a quorum, shall have power and authority to appoint all officers they may deem necessary for the good of said town, and to carry this Act into effect; to compel all persons in said town liable to road duty to work on the streets or pay a commutation fee in lieu thereof; to open streets when deemed necessary; to levy and collect an ad valorem tax on all the property in said town, not to exceed one-half of one per centum, and such special taxes upon drays, livery stables, peddlers, billiard tables, auctioneers, and all like enterprises as they may deem best for said town. Subordinate officers. Street work. Ad valorem tax. SEC. VII. Be it further enacted by the authority aforesaid, That nothing within this Act shall be construed to authorize or allow the sale of intoxicating liquors in any quantity whatever within the incorporate limits of said town of Stillmore, but within the meaning of this Act it shall be construed to prohibit the sale in any quantity whatever for any purpose whatever any and all intoxicating liquors by whatever name, including either spirituous, malt or vinous, schnapps, ginger tonic, bitters or any other device of like character within said corporate limits of said town of Stillmore. Prohibits sale of liquors. SEC. VIII. Be it further enacted, That said Board of Mayor and Aldermen, by their corporate name, Stillmore, shall have power to sue and be sued, plead and be impleaded with, and have and use all the powers granted by and embraced in sections 774 to 797, inclusive, of the Code of 1882 of Georgia, which sections, so far as not in conflict with anything herein stated, are embodied in and made a part of this charter. General powers. 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 November 13, 1889.

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EXTENDING CORPORATE LIMITS CITY OF COLUMBUS. No. 793. An Act to extend the corporate limits of the city of Columbus, in the county of Muscogee, so as to embrace and include all that tract or parcel of land recently purchased by the Mayor and Council of the City of Columbus from Andrew H. and Albert W. Shepherd, containing one hundred and fifty acres, more or less, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the jurisdictional and corporate limits of the city of Columbus shall be so extended as to embrace and include all that tract and parcel of land recently purchased by the Mayor and Council of the city of Columbus from Andrew H. and Albert W. Shepherd, adjoining the city of Columbus, and lying within the following described boundaries: Beginning at the northwest corner of the tract of land owned by Mary Freeman, on the east boundary line of Tenth (10th) avenue, thence north two degrees and forty-five minutes, west twelve hundred and fifty-five feet along and with the east boundary line of said Tenth avenue, thence, north eighty-eight degrees and thirty minutes, east sixteen hundred feet to a lane thirty feet wide, thence south two degrees and forty-five minutes, east six hundred and ninety-two feet, thence north eighty-seven degrees and fifteen minutes, east with the south boundary line of said lane twenty-one hundred feet, to within thirty feet of what is known as the city drain or creek, thence south fifteen degrees and thirty minutes, west twenty-seven hundred and ninety feet, more or less, to the Chattahoochee river, thence in a northwesterly direction, with the meanderings of said river, sixteen hundred and fifty-four feet, to Mary Freeman's southeast boundary line, thence north fifty-eight degrees and twenty minutes, west ninety hundred and four feet along the north boundary line of Mary Freeman's land to the place of beginning, and containing one hundred and fifty acres of land, more or less; that the same be, and is hereby made a part of the city of Columbus for all purposes. Corporate limits extended. New boundaries defined. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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AMENDING CHARTER OF CITY OF DALTON. No. 795. An Act to amend the charter of the city of Dalton, Georgia, and the Acts amendatory thereof, so as to authorize the Mayor and Council of the city of Dalton to try certain misdemeanors, to-wit: Assaults, batteries, riots, affrays, and for violation of the laws of vagrancy. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the charter of the city of Dalton be, and the same is hereby amended, so as to authorize the Mayor of said city, or three members of the Council in the absence or disqualification of the Mayor, to try offenders in the following class of cases under the restrictions hereinafter imposed when said offenses have been committed within the corporate limits of said city, to-wit: Assaults, batteries, riots, affrays and vagrants. Amends original charter. SEC. II. Be it further enacted, That in order to give the Mayor or three members of the Council jurisdiction to try any offenders enumerated in the first section of this Act, and to authorize them finally to dispose of such cases by the imposition of such penalties as are now or may hereafter be imposed by the laws of this State, there shall be an accusation in writing stating distinctly the time and place of the offense and the name of the offender, which accusation shall be signed by the Marshal of said city. Accusation must be made in writing in cases of assault, riots, affrays, vagrants, etc. SEC. III. Be it further enacted, That upon said accusation the person so charged, or his attorney, shall endorse a waiver of bill of indictment and trial by jury, and submitting himself to such penalty as may be imposed by the Mayor or three members of the Council, if found guilty. Prisoner may waive indictment SEC. IV. Be it further enacted, That if the person or persons so accused shall refuse to sign said waiver, it shall be the duty of the Mayor or three members of the Council, if the facts warrant the same, or if such offense was attended with aggravating circumstances, to bind over or commit to jail such offender. Authority to bind over. SEC. V. Be it further enacted, That for the purpose of trying said offenders the Council may employ any qualified attorney to make out and prosecute said charge, and upon conviction said attorney shall be allowed the sum of five ($5.00) dollars to be taxed in the bill of costs against the defendant only. Council may employ attorney. SEC. VI. Be it further enacted, That upon conviction of any such person or persons by said Mayor or three members of the

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Council, they are hereby authorized to impose the same penalties as are now imposed by the laws of this State for like offenses, and for this purpose may impose fines and enforce the collection thereof by imprisonment, and it shall be the duty of the Sheriff and Jailer of Whitfield county to execute and carry out such sentence as fully as if pronounced by the Superior Courts of this State. May impose penalties now imposed by laws of the state. 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 November 13, 1889. AMENDING CHARTER OF ADAIRSVILLE. No. 797. An Act to alter and amend an Act entitled an Act to amend the Charter of the town of Adairsville, Bartow county, approved October 15th, 1887, by striking from said Act Section Seventeen thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, an Act entitled an Act to amend the charter of the town of Adairsville, in Bartow county, approved October 15th, 1887, is hereby altered and amended by striking from said Act section seventeen thereof, which is as follows, to-wit: That the Mayor and Council shall have power to license persons to sell by retail, or in any quantity, spirituous or malt liquors, such license not to be issued for a shorter or longer time than one year. The person or persons desiring to engage in the business of selling spirituous or malt liquors shall make written application for license so to do, and upon considering such application the Mayor and Council may grant or refuse the same; and no person shall sell, by retail, any spirituous liquors within said corporation, without first obtaining such license, for which he or they shall pay a sum not exceeding five hundred ($500) dollars; and no person or persons shall sell spirituous liquors within said corporation by the quart or in larger quantities, without first obtaining a license, for which he shall pay a sum not exceeding two hundred and fifty ($250) dollars; and no person shall retail beer or other malt liquors within said corporation, without obtaining a license therefor, for which he shall pay a sum not exceeding one hundred ($100) dollars. All licenses taken under this section shall be taken subject to the control of the Mayor and

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Council as in this section authorized, and subject to such ordinances as may be enacted by the Mayor and Council in accord with this Act; and any persons violating any of the provisions of this Act, or of such ordinances, shall be dealt with as is prescribed in the tenth (10th) Section of this Act. Charter amended. Liquor license. How granted. Penalty for violation of this act. 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 November 13, 1889. AMENDING CHARTER OF THE CITY OF BRUNSWICK. No. 798. An Act to amend an Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes therein mentioned, and to confer additional powers on the said Mayor and Council of said city of Brunswick, approved February 25, 1876, so as to authorize and empower the said Mayor and Council to levy a special tax solely for public school purposes of one-tenth (1-10) of one (1) per centum upon a fair valuation of the taxable property in the city. 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 first section of the Act to consolidate and to amend the several Acts incorporating the city of Brunswick, approved February 25, 1876, be, and the same is so amended so as to confer the additional power of taxation upon said Mayor and Council to levy a special tax of one-tenth (1-10) of one (1) per centum upon the taxable property of said city for the purpose of maintaining the public schools of said city within its corporate limits, so that said section shall read, and to levy a special tax upon the taxable property of said city of one-tenth of one per centum for the purpose of maintaining the public schools of said city within the corporate limits of the same; Provided, however, that the rate of taxation for any and all other purposes, excepting said special tax for public school purposes, as aforesaid, shall not exceed one and one-half of one per centum upon a fair valuation of the property taxed. Amends first section of original act. Proviso. SEC. II. Be, and it is hereby further enacted by the authority aforesaid, That this Act shall not go into force and effect until the

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same shall have been ratified and approved by a majority of the voters of said city at an election to be held for said purpose within sixty days from the approval of this Act, and if a majority of said voters at said election shall vote against the ratification and approval of this Act, then the same shall be null and void. Must be approved by a majority of the voters of the city. SEC. III. Be, and it is hereby further enacted by the authority aforesaid, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved November 13, 1889. AUTHORIZING MAYOR AND COUNCIL OF FORSYTH TO ISSUE BONDS. No. 799. An Act to authorize the Mayor and Council of the city of Forsyth to issue certain bonds, and for other purposes. WHEREAS, There are now outstanding bonds of the city of Forsyth, amounting to sixty-nine hundred dollars of the denomination of one hundred dollars each, ten (10) of which bearing six (6) per cent. interest, twenty-nine seven (7) per cent. interest, and thirty eight (8) per cent. interest, about the legality of the issue of which there is doubt; therefore, Preamble. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the Mayor and Council of the city of Forsyth be, and they are hereby, authorized to issue other bonds of the denomination of one hundred dollars each, bearing six (6) per cent. interest per annum, to the amount of six thousand nine hundred dollars ($6,900); said new bonds to be used exclusively in redeeming and retiring said specified outstanding bonds without increasing the principal of said bonded indebtedness. Authority to issue bonds. SEC. II. Be it further enacted, That said bonds shall run for a period of twenty (20) years from the first day of December, eighteen hundred and eighty-nine (1889), and the interest shall be payable annually upon interest coupons or warrants; said bonds shall be executed by the official signatures of the Mayor and Treasurer of the city of Forsyth. The coupons or interest warrants shall be signed by the Treasurer of the city, and each coupon or warrant shall indicate the bond to which it belongs. Bonds to run twenty years. How signed.

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SEC. III. The principal of said bonds, when they shall become due, and the coupons or interest warrants of the same, when they shall become due shall be receivable by the city of Forsyth in payment of all dues to the city of Forsyth, and said bonds shall be non-taxable, directly or indirectly, by the city of Forsyth. Receivable for dues to the city. SEC. IV. That it shall be a misdemeanor for any officer of the city of Forsyth to issue or use any of said six per cent. bonds, except for the purpose herein specified, and for each said offense, he shall be punished as prescribed in section 4310 of the Code. Penalty for issuing bonds for purposes not herein specified. SEC. V. That when said outstanding bonds are redeemed, they shall be canceled and destroyed by a committee of the Council of said city, to be appointed by the Mayor thereof, and any use of said redeemed bonds, or attempted use, shall be a misdemeanor, and for each offense the punishment shall be as prescribed in section 4310 of the Code of Georgia. When redeemed must be destroyed. 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 November 13, 1889. INCORPORATING TOWN OF PORTER MILLS. No. 800. An Act to incorporate the town of Porter Mills, in Habersham county; to appoint Commissioners for the same, declare their powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That James W. Robertson, W. L. Baker, J. N. Chin, George P. Kennett and J. C. Sosebee be, and they are hereby appointed Commissioners of the town of Porter Mills, in Habersham county, with full power and authority to pass such by-laws and ordinances, not repugnant to the Constitution and laws of this State, for the preservation of good order; to regulate the price of license for the retail of spirituous liquors, or to prohibit the sale of liquors of all kinds within the corporate limits of said town, if a majority of the Board of Commissioners of said town should so desire. Commissioners. Corporate powers. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile north, south, east and west from the store-house of the Porter Manufacturing

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Company, and that the said points be connected by straight lines, thereby forming the corporate boundary of said town. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That the commissioners herein named shall, as soon as convenient, appoint one of their own number President of the board, who shall be ex-officio a Justice of the Peace, with the authority to issue warrants, to commit offenders or bail them for offenses committed within the corporate limits of said town, and that the commissioners herein named shall hold their office until the first Saturday in February, 1891, or until their successors are elected, when an election shall be held in said town of Porter Mills for five commissioners; and all persons entitled to vote for members of the General Assembly, who may have resided in said town for ten days next preceding the election, shall be entitled to vote for said commissioners; and said commissioners shall be elected annually thereafter in like manner, and shall be installed at the first regular meeting after their election. President of board of commissioners. Annual elections. SEC. IV. Be it further enacted by the authority aforesaid, That the said Board of Commissioners, or a majority of them, shall hold their meetings at such time and place as they may think proper; and they shall have power to tax shows of any kind for the purpose of gain; to levy such tax, not to exceed fifty per cent. of the State tax, on real and personal property for the benefit of said town. They shall also have power to call out all the citizens of said town who are subject to road duty under the laws of Georgia to work the roads, streets and sidewalks of said town for a term not exceeding five days at any one working, nor more than fifteen days during the year; or the said Board of Commissioners may receive a sum of money in lieu of said work, the amount to be specified by said Board of Commissioners and applied to such work; and said persons shall be exempt from working other roads outside of the limits of said town. Taxes. Street work. SEC. V. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have power to appoint a Marshal, whose fees they shall regulate, and to appoint a Treasurer, both of whom shall be sworn to discharge to the best of their ability the duties of their office. Marshal. SEC. VI. Be it further enacted by the authority aforesaid, That the Board of Commissioners shall have power to punish by fine, not to exceed the sum of thirty dollars, or by labor on the streets and sidewalks of said town not to exceed thirty days, any person violating the ordinances and by-laws of said town. Limit of fines.

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SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING CITY OF DEMOREST. No. 807. An Act to incorporate the city of Demorest, in Habersham county, Georgia; define the limits thereof; to appoint Commissioners, and grant election powers and privileges for the same; to authorize the establishment of a system of drainage for said city, and the passage of all ordinances and by-laws for the government of said city, and to provide penalties for a violation of such ordinances and by-laws, 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 city of Demorest, in the county of Habersham be, and the same is hereby incorporated under the name of the city of Demorest; that the municipal government of the city of Demorest shall be vested in a Commission, composed of five persons, who are hereby constituted a body corporate, under the name and style of the corporation of the city of Demorest, and by that name and style shall have perpetual succession, and shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and their successors, for the use of the city of Demorest, any estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of, or belonging to said incorporation, or convey the same, or any part thereof, as they may see fit; that the corporate limits of the city of Demorest shall commence at a point where land lots numbers 71, 72, 46 and 45, in the tenth land district of Habersham county corner, and including within the corporate limits said land lots, the same forming a square, and the outer lines of said land lots, from the central point or eorner, are hereby declared to be the boundary lines of said incorporation. Corporate name. Corporate powers. Corporate limits defined. SEC. II. Be it further enacted by the authority aforesaid, That B. M. Deavenport, Frank J. Sibley, E. A. Buckland, George D. Stone

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and J. H. Lowdermilk be, and they are hereby, appointed Commissioners of said city, to hold their office until the first annual election in said town in the year 1891, and until their successors are elected and qualified as hereinafter provided, the above-named officers to enter upon the duties of their office immediately after the passage of this Act. Town Commissioners. SEC. III. Be it further enacted by the authority aforesaid, That the Commissioners herein named shall, at their first meeting, appoint one of their own number President of the board, who shall be ex-officio a Justice of the Peace, with authority to issue warrants, to commit offenders, to fine for contempt, and otherwise punish as provided by this Act for offenses committed within the corporate limits of said city, and to bind over to the Superior Court of Habersham county, or commit to the common jail of said county, offenders violating the laws of this State, and that each succeeding Board of Commissioners shall in like manner select a President of the board, and that all the provisions of this Act incident to the President of the first board shall extend to the President of each succeeding Board of Commissioners of said city. President of Commissioners. His powers. SEC. IV. Be it further enacted by the authority aforesaid, That an election shall be held in said city of Demorest at such place as the President of the Board of Commissioners shall designate, on the first Monday in January, 1891, and on the first Monday in January in each year thereafter, for a Board of five Commissioners, who shall hold their office for one year or until their successors are elected and qualified; and should there fail to be an election in said city at the time above specified from any cause whatever, the President of the Board of Commissioners of said city shall order an election held in said city by posting a notice in three public places; said notice shall be posted at least fifteen days previous to said election. The polls of all elections for commissioners shall be opened at 8 o'clock a. m. and close at 4 o'clock p. m.; and said elections shall be held under the superintendence of a Justice of the Peace and two freeholders, or of three freeholders, as the Board of Commissioners may direct; said freeholders to take an oath for the due performance of their duty as such superintendents, and to have all the powers incident to superintendents of election of this State. Annual elections. Notice of election. How held. SEC. V. Be it further enacted by the authority aforesaid, That all male persons who have arrived at the age of twenty-one years, and who have resided within the corporate limits of said city for as much as sixty days previous to the election at which they offer to vote, shall be deemed qualified to vote at such elections, and shall be entitled to vote at any and all elections held by the authority of

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said city, either for commissioners, issuance of bonds, or other purposes affecting the city of Demorest only. Qualified voters. SEC. VI. Be it further enacted by the authority aforesaid, That the superintendents of elections held for a Board of Commissioners as aforesaid shall duly declare the result of said elections and shall issue certificates of election to such persons as received the highest number of votes polled, who shall, within five days from said election, qualify by taking an oath to well and truly perform their duty to the best of their ability, said oath to be taken before the retiring President of the board, and to be entered on the minutes of the Board of Commissioners. Certificate of election. Oath of office. SEC. VII. Be it further enacted by the authority aforesaid, That any male person shall be eligible to the office of commissioner of the city of Demorest who arrived at the age of twenty-one years, and who has resided for as much as sixty days within the corporate limits of said city previous to his election. Eligibility to office. SEC. VIII. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have power and authority to appoint such Marshal, Clerk and Treasurer as they may deem necessary, and shall prescribe the fees of such subordinate officers, and require such bonds for a faithful performance of their respective duty as they may deem proper. They shall have power to remove them from office at pleasure. Subordinate officers. SEC. IX. Be it further enacted by the authority aforesaid, That said corporation shall have and enjoy all the rights, privileges and powers incident to such corporations, not repugnant to the Constitution of the United States, the Constitution of this State, or laws made in pursuance thereof, and said Board of Commissioners shall have full power and authority to enact all ordinance, by-laws, rules and regulations necessary for the government of said city, and securing the protection and health of the citizens thereof; to establish a system of drainage, and establish water-works and all other appliances for the comfort, health and prosperity of the citizens of said city, and shall have power and authority to issue bonds for the establishment of the same, in the same manner and governed by the same rules and regulations as provided for the issuance of bonds for a school building fund in the 15th section of this Act. Corporate powers. Authority to issue bonds. SEC. X. Be it further enacted by the authority aforesaid, That the President of the Board of Commissioners shall hold a Police Court in said city for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations, the punishment to be inflicted not to exceed a fine of fifty dollars, or by labor on the streets of said city not to exceed fifty days, or confinement in the

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calaboose or guard-house of said city not to exceed forty days; in addition thereto, such costs of the proceedings as may be imposed; said fines shall be collected by execution issued by the Clerk of the Board of Commissioners against the offender. Any one or more of the foregoing punishments may be inflicted, in the discretion of the President of the Board. Police Court. Limit of fines. SEC. XI. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have the power and authority to pass such ordinances as they may deem proper to prevent or suppress the sale of spirituous, malt, or other intoxicating liquors, within the corporate limits of said city. Regulation of liquor traffic. SEC. XII. Be it further enacted by the authority aforesaid, That said corporation shall have full power and authority to assess, levy and collect such taxes upon real and personal property within the corporate limits of said city as they shall deem necessary for the support and government of said city, not inconsistent with the laws of this State; also to levy such tax on business occupations, shows, or other performances exercised or exhibited within the corporate limits, as they may deem proper. Property tax. Avocation tax. SEC. XIII. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have power to open and lay out such streets and alleys as the public interests of said city may require; to widen, straighten, vacate, or otherwise change the streets, lanes, alleys and sidewalks of said city, and keep the same in good repair, and to remove all obstructions and nuisance from the same; to regulate and control all taverns and public houses; to establish markets and regulate butcher-pens, tanyards, livery stables, blacksmith shops, forges and the like, and to remove the same or any of them in case they should become dangerous or injurious to the health or prosperity of the citizens of said city; to protect places of public worship; to regulate the keeping of gunpowder, other combustibles; to provide cemeteries for the burial of the dead, and regulate the interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fill open wells or other excavations or uninclosed premises; to have control and jurisdiction of all soil pits, private drains and sewers, water closets, privy vaults, and dry wells in said city, with full power to pass such rules and regulations concerning them as they may deem best for the preservation of the health of the inhabitants of said city; also to regulate the running at large of all horses, mules, cattle, hogs, dogs, or other animals, and shall have power to pass and enforce all ordinances necessary for controlling the same, with power

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to take up and impound any animal running at large in violation of such ordinances. Authority to open or widen streets. Cemeteries Stock running at large. SEC. XIV. Be it further enacted by the authority aforesaid, That all male inhabitants of said city, over the age of sixteen years and under the age of fifty years, who have resided in the city ten days, shall be subject to work the streets, alleys, lanes and sidewalks of said city not to exceed fifteen days in each year, but they may pay a commutation tax to be expended upon said streets, alleys, lanes and sidewalks in lieu of such work; said commutation tax to be fixed at such amount as the Board of Commissioners may determine; Provided, it shall not exceed the sum of eight dollars per year. Street work. Commutation tax. Proviso. SEC. XV. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have power to establish within the corporate limits of said city a system of free common schools, and shall have power to assess a tax upon the taxable property of said city for their support, or issue bonds or other evidences of indebtedness for the purpose of raising a school building fund, as they may deem proper and to the best interest of said city; Provided, that before said Board of Commissioners shall issue said bonds they shall at a regular meeting pass an ordinance prescribing and directing the aggregate amount and denomination of said bonds, the rate of interest thereon, the time when said bonds shall become due and payable, which ordinance shall be submitted to a vote of the qualified voters of said city, which election shall be held under the same rules and regulations herein prescribed for the election of the Board of Commissioners, and such ordinance shall not be considered adopted and authorized unless at said election a majority of all the legal votes cast shall be in favor of the adoption of said ordinance. If a majority of the legal votes cast at such election be in favor of the adoption of said ordinance, said Board of Commissioners shall have power and authority to issue bonds to the amount named in such ordinance. System of free public schools. Proviso as to issuing bonds. SEC. XVI. Be it further enacted by the authority aforesaid, That when the President of the Board of Commissioners is presiding at Police Court, or any meeting of the board, he shall have power to punish for contempt by fine not to exceed five dollars or imprisonment not exceeding forty-eight hours for each offense; he is authorized and required to enforce all the laws, rules and regulations of said town; to administer oaths to commissioners and all subordinate officers of said city, after having taken the oath of office himself before a Justice of the Peace of said county. Authority to punish for contempt. SEC. XVII. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved November 13, 1889. INCORPORATING TOWN OF HILLSBORO. No. 814. An Act to incorporate the town of Hillsboro, in the county of Jasper, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the following shall be the charter of the town of Hillsboro, in the county of Jasper. SEC. II. Be it further enacted, That the corporate limits of said town shall extend five-eights of one mile each way from the center of public road leading form Hillsboro to Macon in front of Dr. S. M. Anderson's store in the town of Hillsboro. Corporate limits. SEC. III. Be it further enacted, That the government of said town shall be vested in a Mayor and five Councilmen, who shall have resided in said town thirty or more days previous to the election. Government. SEC. IV. Be it further enacted, That after said town has been incorporated, on the first Wednesday in January, eighteen hundred and ninety, an election shall be held for the aforesaid Mayor and Councilmen in said town. Said Mayor and Council, when elected, shall hold their term of office for twelve months or until their successors are duly elected and qualified. Said election shall be on first Wednesday of January of every succeeding year thereafter, but no one shall vote for or be eligible to office of Mayor or Councilman of said town who is not qualified to vote for members of the General Assembly of this State. Said election shall be held by a Notary Public and ex-officio Justice of the Peace and two citizens, residents of said town, or by any three citizens, residents of said town, and a certified certificate of the managers of said election shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected; Provided, that, before entering upon the discharge of their duties, the Mayor and Councilmen shall subscribe to the following oath, which may be administered by any person authorized by the laws

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of the State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolved upon me as Mayor, or Councilman, as the case may be, of the town of Hillsboro, according to the best of my ability. So help me God. Election of mayor and aldermen. Annual elections. How held. Oath of office. SEC. V. Be it further enacted, That said Mayor and Council shall have power and authority to pass all ordinances and by-laws which they may deem necessary for the good government of said town; Provided, that they be not repugnant to the constitution and laws of this State and of the United States. By-laws and ordinances. SEC. VI. Be it further enacted, That said Mayor and Council shall have power and authority to levy and collect a tax of not exceeding three-tenths of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within the corporate limits of said town, who are subject to road duty, to work on the streets of said town, or they may subscribe a commutation tax in lieu of working on the streets. General tax. Street work. SEC. VII. Be it further enacted, That said Mayor and Council shall have power and authority to regulate the sale of spirituous, malt and intoxicating liquors in said town; to grant licenses and to fix the fees of the same when granted, and to impose penalties upon such person selling such liquors without license; Provided, that no license for the sale of intoxicating liquors shall be granted for a less sum than that required for licenses in the county of Jasper. Sale of intoxicating liquors. SEC. VIII. Be it further enacted, That if, from any cause, said Mayor fails to act, any three of said Councilmen are authorized to try and punish any person charged with violation of any ordinance of said town, and to punish persons proven guilty of such violation by fine not to exceed fifty dollars, or imprisonment not to exceed twenty days. Councilmen authorized to try cases. SEC. IX. Be it further enacted, That said Mayor and Councilmen be, and they are hereby invested with power to prescribe such rules for the collection of taxes, fines, and all other moneys due to said corporation, and for the enforcement of all other powers herein given them, as in their judgment may seem proper. Collection of fines and taxes. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved November 13, 1889.

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AMENDING CHARTER OF LAFAYETTE. No. 816. An Act to amend an Act entitled An Act to alter and amend the charter of the town of LaFayette by providing for the electing of a Mayor and five Councilmen for said town; to prescribe their powers and duties, and for other purposes, approved September 30, 1885, by giving the Council power to assess and levy a tax, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above entitled Act be amended by adding thereto, and known as section 13, the following, to-wit: The Council shall cause to be annually made, and entered upon its journal, an accurate estimate of all sums which are or may be lawfully chargeable on said town, and which ought to be paid within one year; and it shall order a levy of so much as may, in their opinion, be necessary to pay the same. The levy so ordered shall be upon all drays in the said town, and upon all the real and personal property therein subject to State and county tax; Provided, that the tax so levied shall not exceed three-tenths of one per cent. on the taxable property. Authority to levy and collect a tax. 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 November 13, 1889. RE-DISTRICTING CITY OF SAVANNAH. No. 819. An Act to re-district the city of Savannah for the purpose of registration and the polling of votes in elections for Mayor and Aldermen of the city of Savannah, and to amend, with respect to the number and territory of the registration districts and the number of voting places, the registration and election law of the city of Savannah, approved August 29th, 1885, and to be found on pages 612, 613 and 614 of the bound volume containing the laws of Georgia for 1884 and 1885, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the second section of the above-recited Act be, and

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the same is hereby, amended, so that hereafter, for registration and election purposes, the Fourth Militia District of the city of Savannah shall be divided into two divisions, the first of which shall be known as the Fourth District, Division Number One, and shall consist of so much of the said Fourth District as lies north of the center of Liberty street in said city, and the second district of which shall be known as the Fourth District, Division Number Two, and shall consist of so much of said district as lies south of the center of said Liberty street. That hereafter (at the time and in the manner pointed out by the said section two) three freeholders, residing in the said Fourth District north of the center of said Liberty street, shall be appointed for the said First Division, and three other freeholders residing in said Fourth District south of the center of Liberty street, shall be appointed for the said Second Division of the said Fourth District, and the freeholders so appointed shall be clothed, for their respective divisions, with all the powers, rights and duties mentioned in the said Act touching election of freeholders and managers thereunder. That the said freeholders of the said divisions of the said Fourth District, or a majority of them, shall attend at the times, on the days and during the period mentioned in the said second section, at some convenient point in their respective divisions, of which notice shall be given as provided in said second section, with the books prepared for their divisions (which books shall be furnished as provided in the said Act, with reference to the other election freeholders and managers), so that all persons otherwise qualified may register in the divisions of the said Fourth District in which they reside, in order to vote at the impending municipal election; and it is hereby required that the residents of the said First and Second Divisions of the said Fourth District, who are qualified, shall register at the place of registration selected for their respective divisions, and not otherwise. Amends section 2. Divisions of the fourth district. Books of registration. SEC. II. Be it further enacted, That it shall be the duty of the Commissioners provided for in said Act of the Legislature to cause proper books to be made out for the said freeholders of the said First and Second Divisions as provided for in Section Three of said Act, which books shall be paid for as directed by said Section Three, and the said freeholders shall be subject to all the provisions of said Section Three, and of all the other Sections of the said Act of the Legislature, save only in so far as the said Act is expressly amended by this Act. Commissioners to provide proper books for registration purposes. SEC. III. Be it further enacted, That hereafter at municipal elections in the city of Savannah for Mayor and Aldermen of said city there shall be five ballot boxes instead of fourthat is to say,

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one for each of the districts known as the First, Second and Third Militia Districts of the said city, one for the Fourth District, Division Number One, and one for the Fourth District, Division Number Two, which shall be so arranged as to be of easy access to the voters, and each voter shall vote in the box assigned to the district or division in which he resides and not elsewhere; the residents of the First Division of the Fourth District voting at the box assigned to said division, and those residing in the Second Division of the said Fourth District voting at the box assigned to the said Second Division. Number of ballot boxes. SEC. IV. Be it further enacted, That the freeholders for said First and Second Divisions of the said Fourth District provided for in this present Act shall be members of the Board of Registration and constitute a part of the election managers; shall receive the compensation and take the oath required of other election freeholders and managers, and shall in all respects be governed and guided by the terms and provisions of the Act of the Legislature referred to in the title to this present Act. Freeholders mentioned continue a part of the election managers. 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, in so far as they may conflict. Approved November 13, 1889. AMENDING CHARTER OF SUMMERVILLE. No. 830. An Act to amend an Act entitled an Act to incorporate the village of Summerville, in the county of Richmond; to provide for the election of Commissioners for the same; to prescribe the powers and duties of said Commissioners, and for other purposes, approved December 16th, 1861. SECTION I. The General Assembly of Georgia do enact, That from and after the passage of this Act, that the Act entitled an Act to incorporate the village of Summerville, in the county of Richmond; to provide for the election of Commissioners for the same; to prescribe the powers and duties of said Commissioners, and for other purposes, approved December 16th, 1861, be, and the same is hereby, amended by striking out from section 7th, at the conclusion thereof, the words following: Provided, that nothing in this section contained shall be so construed as to authorize any interference

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with the working and management of the public roads in said village by the Inferior Courts of said county, or its agents. Amends section 7 of original charter. SEC. II. Be it further enacted, That the Commissioners shall have full power and authority to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, crosswalks, drains and gutters, for the use of the public, or of any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to abate, or cause to be abated, anything which, in the opinion of the majority of the full Board of Commissioners, shall be a nuisance; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and person of the citizens of said village, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the Marshal in the discharge of his duties; to organize work gangs or other means of confinement, and to confine at labor therein or on the streets, for a term not exceeding thirty days, as an alternative for a failure or refusal to pay the fines imposed by persons convicted of violating the ordinances of said village; to require and impose a license tax for the use of the village upon anything to be done within the village for which a State license is required, and also require, at discretion, a bond with sureties payable to the said village to comply with the conditions of said license; also to have power to license and regulate the management of bar-rooms, saloons, hotels and private boarding-houses, livery stables and private and public transportation through the village, and in addition to the ad valorem tax provided for by law, to levy a tax on all billiard tables, ten-pin or nine-pin alleys, and tables and alleys of any other kind used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or by turning a deal or wheel, by using any other artifice or contrivance; also to tax all shows, taxed by the laws of this State, which may exhibit within the said village, all of which taxes may be collected if not voluntarily paid by the issuance of execution therefor and its enforcement by levy and sale. Streets and sidewalks. Abatement of nuisances. Police force. License tax Special tax.

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SEC. III. Be it further enacted, That the said Commissioners shall have full power and authority for the purpose of opening any and all new streets in the village, or establishing any water works, gas works or electrical works, or for laying any pipes or conduits, for conveying water to or from the same, in any way establishing, enlarging, extending or improving the municipal works, owned or used for lighting or supplying with water, gas or electricity the said village, and the inhabitants thereof, to enter upon and use the ground or soil under any road, railway, highway, street, lane, alley, or private lot or premises, provided the same be restored as far as may be practicable; Provided, always, that if any person, natural or artificial, shall claim any damages or compensation for any work done, or authority exercised under this Act, or the previous Acts of which this Act is amendatory, such damage shall be ascertained and assessed by three appraisers, one of whom shall be named by the said owner or owners, the party claiming damages, one by the Intendant or Mayor of the said village, and the other by the Ordinary of the county of Richmond, whose award, or that of the majority of them certified in writing under their hands and seals in duplicate, one for each of the parties in interest, the said village of Summerville and the owner or owners of said lands, or other property claimed to have been damaged or taken, which award shall be recorded in the office of the Clerk of the Superior Court of said county. The appraisers appointed for the purpose aforesaid shall, in all cases in making up their award, consider the benefits arising from the act done under authority hereof, and particularly those arising from opening, changing, widening or extending such streets, or the establishment of such works, or the laying of such pipes accruing to the owner or owners of such land or other property claimed to be damaged, and shall set off such benefits against such damages, but in no event giving an award against such owner for an excess of benefits over damages. In case either party shall be dissatisfied with said award, he, she or it may, within ten days after the recording of the same, in said clerk's office, enter an appeal to the Superior Court of the said county of Richmond, as in other cases of appeal, when the question of damages shall be determined by a jury, but the award of the appraisers, if not appealed from, shall operate, and have the effect of a judgment, upon which the Clerk of the Superior Court of said county of Richmond shall issue execution. Authority to open new streets etc. Proviso as to damage to private property. Award. Appeal. SEC. IV. Be it further enacted, That all laws or parts of laws militating against this Act be, and the same are hereby repealed. Approved November 13, 1889.

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DEFINING CORPORATE LIMITS OF SPARTA. No. 833. An Act to amend an Act, approved October 15, 1887, entitled An Act to extend the corporate limits of the town of Sparta, in the county of Hancock; to provide for its government, 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 extend the corporate limits of the town of Sparta, in the county of Hancock; to provide for its government, and for other purposes, approved October 15, 1887, be amended by striking out the first section of said Act and substituting therefor the following words: That from and after the passage of the Act, the corporate limits of the town of Sparta, in the county of Hancock, shall be as follows: Beginning at the center of the court-house in said town, running north 77 degrees, east three-quarters of a mile, to the beginning point; thence south 12 degrees, east one-half mile; thence south 77 degrees, west one mile and a half; thence north 12 degrees, west one mile; thence north 77, east one and one-half miles; thence south 12 degrees, east one-half mile, to the beginning point, including a rectangle, of which the center of the court-house in said town shall be the center. Defining corporate limits. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. AMENDING NEW CHARTER OF ATLANTA. No. 840. 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 provide for and authorize the refunding of the present bonded debt of said city as by this Act provided. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act establishing a new charter for the city of Atlanta, approved February

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28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended so as to hereby provide for and authorize the refunding of the present bonded debt of said city of Atlanta as hereinafter provided. Refunding present bonded debt. SEC. II. Be it further enacted, That the Mayor and General Council of said city are hereby authorized and empowered to cause the issue of new coupon bonds of said city to meet and retire any and all bonds of said city now outstanding as the several installments thereof shall hereafter, from time to time, mature and fall due; 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 Mayor and General Council may direct, and the proceeds to be applied only for the purpose of paying off and retiring any bonds of said city now outstanding as the same mature. Authority to issue new coupon bonds. SEC. III. Be it further enacted, That whereas many of the outstanding bonds of said city which mature, some in 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1897, 1902, 1904, 1911 and 1914, bear interest respectively, some at six (6) per cent. per annum, some at seven (7) per cent. per annum and some at eight (8) per cent. per annum, therefore, be it further enacted, that the Mayor and General Council of said city of Atlanta are hereby authorized and empowered to issue new coupon bonds of said city to run for such length of time, to be of such denominations, and to bear such rate of interest not exceeding four and a half (4) per centum per annum as said Mayor and General Council may direct. The bonds hereby authorized may be issued from time to time as outstanding unmatured bonds of said city bearing a higher rate of interest, can be obtained by purchase or exchange for said new issue of bonds, on terms satisfactory to said Mayor and General Council. The bonds authorized to be issued under this section shall be issued only as outstanding bonds of said city as above, of the same amount of principal, are retired by purchase with the proceeds of said new bonds, or by exchange for new bonds as aforesaid, and said new bonds or the proceeds thereof shall be used for the retiring, as aforesaid, of bonds of said city bearing a higher rate of interest than the new bonds authorized by this section; and in no event shall the amount of bonds issued for this purpose at any time exceed the amount of outstanding higher interest rate bonds retired by purchase with the proceeds or by exchange for such new bonds. Bonds now outstanding to be taken up and new bonds issued, bearing uniform rate of interest. 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 November 13, 1889.

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DEFINING SOUTHERN BOUNDARY OF OXFORD. No. 847. An Act to amend an Act to extend the corporate limits of the town of Oxford, in Newton county, approved January 7th, 1852, so as to determine with more certainty the southern boundary of the town of Oxford, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Act to extend the corporate limits of the town of Oxford, in Newton county, approved January 7, 1852, shall be so amended as to read as follows: The boundary on the north to be extended eastward to the Dried Indian Creek, thence down the channel of said creek until it reaches a certain point on F. M. Means' estate (formerly known as the Baber place), thence due west till it strikes the public highway from Covington to Oxford at a bridge that now covers a gully in said public highway about one hundred yards south of the homestead on said F. M. Means' estate, thence due east till it intersects the west boundary of said corporation; Provided, that all lands embraced in said corporate limits, both by this Act and all Acts heretofore passed, which are not laid off into town lots, and held, occupied and used as town property proper, shall be taxable according to the same rates and in the same manner as though the same had not been embraced within the limits of said corporation, any law, usage or custom to the contrary notwithstanding. Defining southern boundary. 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 November 13, 1889.

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TITLE II. COUNTY OFFICERS. ACTS. Reducing bond of Sheriff of Baker County. Creating Board of Commissioners of Clinch County. Amending Act creating Board of Commissioners of Meriwether County. Abolishing Board of Commissioners of Forsyth County. Amending Act creating Board of Commissioners of Thomas County. Amending Act creating Board of Commissioners Fulton County. Extending Act allowing Ordinary of Marion County to levy tax of one hundred and fifty per cent. Authorizing Commissioners of Newton County to levy tax of two hundred per cent. to build court-house. Creating Board of Roads and Revenues of Hancock County. Amending Act creating Board of Commissioners for Stewart County. Providing for payment of Insolvent costs of officers of Columbia County. Repeals Act providing for payment of Insolvent costs for officers of Marion County. Repealing Act fixing salaries of Treasurer of Sumter and Randolph Counties. Amending Act creating Board of Commissioners of Colquitt County. Amending Act providing compensation for managers and clerks of elections in McDuffie County. Amending Act creating Board of Commissioners of Carroll County. Repealing Act relating to compensation of Commissioners of Clay County. Creating Board of Commissioners of Bryan County. Amending Act creating Board of Commissioners of Bibb County. Amending Act creating Commissioners of McDuffie County. Repealing Act changing time of holding Court of Ordinary of Screven County. Amending Act creating Board of Commissioners for Miller County. Creating Board of Commissioners for Telfair County. Amending Act creating Board of Commissioners of Gordon County. Authorizing Commissioners of Terrell County to submit question of issuing bonds to build new court-house to the people. Amending Act reducing compensation of officers of Butts County. Amending Act creating Board of Commissioners of Campbell County. Amending Act creating Board of Commissioners of Fayette County. Amending Act creating Board of Commissioners of Liberty County. Raising Bond of Ordinary of Liberty County. Increasing number of voting places in Savannah. Requiring Ordinaries of Clinch and Ware counties to have line defined. Providing for Funding the Public Debt of Clarke County.

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Providing compensation for Clerk Superior Court Bibb County for sending certain records to Supreme Court. Establishing Board of Commissioners of Burke County. Amending Act creating Board of Examiners for Stationary Engineers of Fulton County. Creating Board of Commissioners Roads and Revenue for Coffee County. Amending Act creating Board of Commissioners for Pulaski County. Providing for payment of insolvent costs to certain officers of Hancock County. Amending Act creating Board of Commissioners of Screven County. Abolishing Board of Assessors of Richmond County. Providing for payment of insolvent costs of Clerk and Sheriff of Columbia County. REDUCING BOND OF SHERIFF OF BAKER COUNTY. No. 192. An Act to reduce the bond of the Sheriff of Baker county from six to three thousand dollars. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the amount of the bond of the Sheriff of Baker county be, and is hereby reduced from six to three thousand dollars. Sheriff's bond reduced. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 8, 1889. CREATING BOARD OF COMMISSIONERS FOR CLINCH COUNTY. No. 203. An Act to create a Board of Commissioners of Roads and Revenues for the county of Clinch. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That upon the passage of this Act, the Governor shall commission the following citizens of the county of Clinch to constitute a Board of Commissioners of Roads and Revenues for said county, who shall hold their office until their successors are elected and qualified, as hereinafter provided, viz.: Isham Patterson, Franklin F. Sirmans, Martin S. Corbitt, W. H. Gary and Fields D. Clifton. Board of Commissioners created.

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SEC. II. Be it further enacted, That an election shall be held every two years, from the passage of this Act, for (5) Commissioners of Roads and Revenues, at the same time and places for holding elections for members of the General Assembly in said county. Said returns shall be made in like manner, and the persons declared elected commissioned by the Governor. Biennial elections. Returns. SEC. III. Be it further enacted, That the Clerk of the Superior Court of Clinch county shall be ex-officio Clerk of the Board of Commissioners of Roads and Revenues, to whom the Ordinary of said county shall deliver all records and other matter pertaining to the duties or powers of said commissioners, and the said Clerk shall be held responsible for the safe keeping of all records and papers of said commissioners. Clerk o the Board of Commissioners SEC. IV. Be it further enacted, That in case any vacancy should occur in the Board of Commissioners of Roads and Revenues, a majority of said board shall constitute a quorum, and shall have power and authority to fill such vacancy until the next regular election. Vacancies. SEC. V. Be it further enacted, That before entering upon the duties of Commissioners of Roads and Revenues, each member-elect shall take and subscribe to, before some officer legally authorized, an oath to faithfully, to the best of their knowledge and ability, discharge all the duties of their office. Said commissioners shall have power and authority to elect a chairman and pass such by-laws and rules for their government as are not in conflict with the laws of this State. Oath of office. Chairman. SEC. VI. Be it further enacted, That all sessions of said Board of Commissioners of Roads and Revenues shall be held in the court-house of said county, and shall be at least once a month. Monthly sessions. SEC. VII. Be it further enacted, That each commissioner and the clerk shall receive two dollars per day for the time actually engaged in the discharge of the duties of commissioner or clerk. A certificate from the clerk, countersigned by the chairman, or acting chairman, shall be a sufficient voucher for the County Treasurer, who is authorized and required to pay any demands made upon him by said Board of Commissioners of Roads and Revenues. Salaries. Vouchers. SEC. VIII. Be it further enacted, That said Board of Commissioners of Roads and Revenues shall have jurisdiction and control, according to law, of all property of said county of Clinch; of levying taxes, either general or special; of establishing, altering or abolishing county roads, bridges and ferrries; of establishing and changing militia districts and election precincts; of ordering elections for removal of county sites; of determining all claims

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against the county and ordering payment of same; of examining and auditing all books and accounts of officers having the collecting, management, care, disbursement of moneys belonging to the county, or appropriated for its use, and bringing them to settlement; of making and enforcing rules and regulations for the support of the poor of the county; of all sanitary regulations; of regulating peddling, etc., and fixing license for the same; of determining the validity of all bonds of county officers, and shall exercise such supervision as shall secure the county against wrongdoing. It shall further be the duty of said Board of Commissioners to carefully examine the books of all county officers and report their true condition to the Grand Jury at each term of Clinch county Superior Court; they shall endorse all orders drawn upon the County Treasurer before he shall be authorized to pay the same; they shall determine upon all applications for license to sell liquor within the county, outside of an incorporated town, and fix the cost for license; Provided, they do not fix said cost below $10,000; they shall appoint all road overseers in the county and enforce all road laws. Jurisdiction of the Board of Commissioners. To examine books of county officers. Liquor licenses. SEC. IX. Be it further enacted, That the Ordinary of Clinch county is hereby required to turn over all books and papers in any way pertaining to the duties and powers herein conferred upon the Board of Commissioners of Roads and Revenues. Ordinary to turn over books, etc. SEC. X. Be it further enacted, That the Board of Commissioners of Roads and Revenues is authorized and required to compel all railroads within Clinch county to remove all obstructions placed by them on either public or private roads of the county; that if, after ten days' notice, such railroad shall refuse or neglect to remove such obstruction, said commissioners shall remedy such evil, and collect whatever cost there may be for such work by process of law from such defaulting railroad. Railroads required to remove all obstructions. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1889.

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AMENDING ACT CREATING BOARD OF COMMISSIONERS FOR MERIWETHER COUNTY. No. 207. An Act to amend an Act to constitute a Board of Commissioners for the county of Meriwether, State of Georgia, and to prescribe their powers and duties, approved December 14, 1871, by inserting the words, or while engaged in county business by order of said board, after the word session in the seventh line of the second section, 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 2 of an Act to constitute a Board of Commissioners for the county of Meriwether, State of Georgia, and to prescribe their powers and duties, approved December 14, 1871, be amended by inserting the words, or while engaged in county business by order of said board, after the word session, in the seventh line of the second section of said Act, so that said section when amended shall read as follows: That said Board of Commissioners and their successors in office shall have the same power and exercise the same jurisdiction as was formally exercised by the Superior Court when in session for county purposes, and shall sit at least twice annually at such place or places in the county as they may think proper, there constituting a quorum to do business, and shall have three ($3.00) a day each while in session or while engaged in county business by order of said board, the same to be paid to them out of the county treasury. Amends section 2 of original Act. Powers and duties of the board of commissioners. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1889.

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ABOLISHING COMMISSIONERS OF FORSYTH COUNTY. No. 214. An Act to abolish the office of Commissioner of Roads and Revenues of Forsyth county; to confer all the powers and duties of said office upon the Ordinary, provide compensation for his services, 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 immediately after the expiration of the term of office of the present incumbent, the office of Commissioner of Roads and Revenues of Forsyth county be, and the same is hereby abolished. Office of commisioners abolished. SEC. II. Be it further enacted by the authority aforesaid, That all the powers and duties conferred upon said Commissioner of Roads and Revenues by an Act, approved September 18th, 1879, providing for said office, as well as the Act amending the same, approved October 13th, 1885, shall be vested in and discharged by the Ordinary of Forsyth county, who shall be subject to the same pains and penalties for a failure to discharge the duties of his office as are now imposed by said Act and the amendment thereto, upon the Commissioner of Roads and Revenues. Duties must be discharged by the ordinary. SEC. III. Be it further enacted by the authority aforesaid, That said Ordinary shall receive as compensation for his services the sum of one hundred and fifty dollars per annum, which shall be paid out of the county treasury upon monthly orders drawn by said Ordinary; Provided, the said Ordinary shall not charge any fee allowed by law to Ordinaries, in any case where the said Ordinary and the Commissioner of Roads and Revenues now have concurrent jurisdiction. Compensation of ordinary. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 21, 1889.

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AMENDING ACT CREATING BOARD OF COMMISSIONERS OF THOMAS COUNTY. No. 225. An Act to amend an Act, approved February 20th, 1873, creating a Board of County Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so as to have the Commissioners of Thomas county elected by the Grand Jury; to prescribe their terms of office, and when the terms of the present board shall expire; to confer additional powers, 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 County Commissioners of Thomas county shall be elected by the Grand Jury of Thomas county. Commissioners elected by grand jury. SEC. II. Be it further enacted, That the terms of office of the commissioners shall be five years; Provided, that nothing herein shall effect the terms of the present incumbents. Term of office. SEC. III. Be it further enacted, That the Grand Jury in session next preceding the expiration of the term or terms of said commissioners shall elect his or their successors, and upon failure so to do any succeeding Grand Jury may elect. When elected. SEC. IV. Be it further enacted, That should a vacancy occur the Judge of the Superior Court shall fill said vacancy, until the the next Grand Jury meets, when the Grand Jury shall fill the vacancy. Vacancies. SEC. V. Be it further enacted, That upon the expiration of the terms of the present incumbents the Grand Jury shall elect five commissioners, one for five years, one for four years, one for three years, one for two years, and one for one year, and thereafter future commissioners shall be elected accordingly, it being the intention of this Act that one commissioner shall be elected each year. Terms of office of the commissioners. SEC. VI. Be it further enacted, That it shall be the duty of the Judge of the Superior Court to charge the Grand Jury as to their duties ander this Act. Their duties. SEC. VII. Be it further enacted, That the Clerk of the Superior Court shall at once send, under his seal of office, to the Governor of this State the action of the Grand Juries, within three days after they are discharged. Clerk of court to notify Governor, etc.

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SEC. VIII. Be it further enacted, That the Governor shall issue commissions to the commissioners elected by the Grand Jury. Commissions. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 26th, 1889. AMENDING ACT CREATING COMMISSIONERS OF FULTON COUNTY. No. 242. An Act to amend an Act creating the Commissioners of Roads and Revenues for Fulton county, and the several Acts amendatory thereof, so as to provide for the election of said Commissioners by the duly qualified voters of said county, and to provide for the manner, time and place of holding said election, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1 of an Act creating the Commissioners of Roads and Revenues for Fulton county, approved December 3, 1880, be amended by striking therefrom the words, as their terms expire their successors shall be elected by the first Grand Jury at the spring term of the court for three years. Amends section 1 of original Act. SEC. II. Be it further enacted, That from and after the passage of this Act, the election of said Commissioners of Roads and Revenues for Fulton county shall take place as follows: The successors of the two commissioners whose terms expire on April 1st, 1890, shall be selected by the first Grand Jury meeting in the spring term, 1890, to serve until the first day of January, 1891; the successors of the two commissioners selected as above, and the successor of the commissioner whose term expires on April 1st, 1891, shall be selected at an election by the duly qualified voters of Fulton county, to be held on the first Wednesday in October, 1890, on the day of holding elections for the members of the Legislature of Georgia, and subject to the same rules and regulations prescribed for the election of members of the Legislature. Of the commissioners so elected, one must be a non-resident of the city of Atlanta, or any other incorporated town in the county, and he shall be voted for under the designation, For commissioner from the country. Of those thus voted for, the one receiving the largest vote, irrespective of the votes cast for the other commissioners, shall be elected, and

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shall hold office for a term of four years. His successors, in regular line, shall be chosen quadrennially thereafter, the same provisions above-made applying. The other commissioners to be elected at this election shall be voted for under the designation, For County Commissioners, and the two receiving the largest number of the votes cast, exclusive of those voted for For Commissioner from the country, shall be elected for a term of four years, as shall also their successors, in regular line. The terms of office of the three commissioners thus elected shall begin January 1st, 1891, when the terms of thos whom they are elected to succeed shall expire. The successors of the two commissiones whose terms expire April 1st, 1892, shall be chosen by the first Grand Jury meeting in the spring term of 1892, and the commissioners thus chosen shall hold office until the 1st of January, 1893, when they shall be succeeded by two who shall be elected by the qualified voters, as herein provided, on the day of the regular election for members of the General Assembly, immediately preceding the expiration of the short terms above provided for, and in the same manner as is provided for herein. The two commissioners thus elected shall hold office for a term of four years, beginning January 1st, 1893. Their successors shall be elected quadrennially thereafter, on the day of the regular election for members of the General Assembly, immediately preceding the expiration of their terms of office. Manner of electing Commissioners of Fulton county. Commissioners from the country. Other Commissioners. Term of office. SEC. III. All of the elections contemplated and specified under this Act, except the elections by the Grand Jury, shall be conducted as to manner, place and qualifications of voters and superintendence and qualification of managers in accordance with the rules and regulations prescribed by the laws of Georgia for the holding of elections for members of the General Assembly, and the counting and consolidation of the vote and declaration of the result shall be under the same rules prescribed in cases of election of members of the General Assembly. Manner of conducting elections. SEC. IV. In case any of the candidates in said elections may desire to contest the same, he or they shall do so in the manner now prescribed for contests for all county officers. Contested elections. SEC. V. All laws of this State in regard to the legality of votes, and all penalties prescribed for illegal voting, for bribery or the mismanagement of elections, shall be of force in the elections contemplated under this Act. Illegal voting. SEC. VI. Be it enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved September 2, 1889.

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EXTENDING ACT ALLOWING ORDINARY OF MARION COUNTY TO LEVY TAX OF ONE HUNDRED AND FIFTY PER CENT. No. 261. An Act to provide for the extending the provisions of an Act, approved September 23, 1887, entitled an Act to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889 for county purposes, or so much of the same for the last named year as is found necessary to pay off the indebtedness of said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the provisions of the above-recited Act be extended to the years 1890, 1891, 1892, 1893, 1894 and 1895; Provided, the Grand Jury at the spring term of the Superior Court of said county recommend in their general presentments the levy and collection of the tax therein provided for, for each of the respective above-named years 1890, 1891, 1892, 1893, 1894 and 1895, or so much thereof as may be necessary to pay off the indebtedness of said county. Provisions of original Act extended. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889.

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AUTHORIZING COMMISSIONERS OF NEWTON COUNTY TO LEVY TAX OF TWO HUNDRED PER CENT. TO BUILD NEW COURT-HOUSE. No. 268. An Act to authorize the Board of Commissioners of Newton County to levy a tax of two hundred per cent. on the State tax, to run for a period of five years, for the purpose of meeting the indebtedness incurred by reason of building a new court-house in said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the State tax, to run for a period of not exceeding five years, for the purpose of meeting the indebtedness incurred by reason of building a new court-house in said county, approved September 10th, 1885, be extended and amended so as to read as follows: That from and after the passage of this Act, that the Board of Commissioners of Roads and Revenues of Newton county be, and they are hereby authorized, to levy a tax of two hundred per cent. on the State tax, to run for a period of not exceeding five years, beginning with the year 1890, for the purpose of meeting the indebtedness incurred by reason of building a new court-house for said county of Newton. Authority to levy a tax of two hundred per cent. on State tax. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889.

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AMENDING ACT CREATING BOARD OF ROADS AND REVENUES FOR HANCOCK COUNTY. No. 275. An Act to amend an Act entitled an Act to create a Board of Roads and Revenues in the county of Hancock; to define their powers and duties, and for other purposes, approved October 5, 1885. SECTION I. Be it enacted by the General Assembly of this State, That from and after the passage of this Act, An Act to create a Board of Roads and Revenues for the county of Hancock; to define their powers and duties, and for other purposes, be, and the same is hereby amended by adding after the word county in the last line of the third section of said Act the following words: Which oath shall be recorded on the minutes of said board, so that said section when so amended shall read as follows: Third section. Be it further enacted, That no person shall be competent to serve on said board until he shall have taken the following oath of office, which shall be administered by the Ordinary or County Judge: `You and each of you do solemnly swear that you will faithfully discharge the duties of Commissioner of Roads and 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,' which oath shall be recorded in the minutes of said board and subscribed to by such person. Original Actamended. Oath of commissioners of roads and revenues. SEC. II. Be it further enacted, That section 6 of said Act be, and the same is hereby amended by striking from said section the following words: The same fees for his services rendered now allowed by law for recording proceedings in the Superior Court, which words occur in the eighth and ninth lines of said section, and insert in lieu thereof the following words; Three dollars per diem for each day said board shall require his service, and fifteen cents per hundred words, for recording all official bonds and oaths of office, and he shall be the legal custodian of all books, records, bonds and other papers pertaining to said office, so that said section when so amended shall read as follows: Sec. 6. Be it further enacted, That said commissioners shall hold at least one meeting each month, and shall keep a record of all their proceedings, and shall submit the same to the inspection of the Grand Jury at each regular term of the Superior Court. Said commissioners may hold special sessions, besides the regular monthly session, whenever the interest of

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the county demands it. The Clerk of the Superior Court shall be ex-officio clerk of said board and shall receive for his services three dollars per diem for each day said board shall require his services, and fifteen cents per hundred words, for recording all official bonds and oaths of office, and he shall be the legal custodian of all books, records, bonds and other papers pertaining to said office. Amends section 6. Clerk's fees SEC. III. Be it further enacted, That the eighth section of said Act be amended by striking therefrom the words, sit for county purposes, which occur in the third line of said section, and insert in lieu thereof the words, are engaged in county matters, so that said section, when so amended, shall read as follows: Section 8. Be it further enacted, That the members of said board shall receive not exceeding two dollars per day for the time they are engaged in county matters. Amends section 8. Commissioners' fees SEC. IV. Be it further enacted, That section 9 of said original Act be, and the same is hereby repealed, and in lieu thereof the following words are enacted: Section 9. Be it further enacted, That all official oaths and official bonds required by law to be taken and executed by the Ordinary, Sheriff, County Treasurer, Tax Collector, Tax Receiver and Coroner of said county shall be approved by said commissioners, or a majority of them, and filed in their office and recorded in a book of official bonds kept by them for that purpose, after having been executed before and attested by the clerk of said board, or the Ordinary or Judge of the County Court of said county. That said bill be further amended by adding the following, to be known as section 11 of the original Act: Section 11. Said Board of Commissioners shall provide and furnish to the County Treasurer all funds necessary to meet and discharge all outstanding orders drawn on said Treasurer within five days after the granting of such order, or within five days of a notice given them by said Treasurer that there are no funds in said treasury to meet outstanding orders. Repeals section 9. Bonds of county officers. To furnish county treasurer with funds SEC. V. Be it further enacted, That said original Act be further amended by adding thereto an additional section, which shall be known as the tenth section of said original Act: Sec. 10. Be it further enacted, That in all matters pending before said board, requiring official investigation, they shall have the same power to summon witnesses, administer oaths, procure documentary evidence, compel the attendance of witnesses and punish for contempt, as other courts of record in this State. Grants additional powers to commissioners. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889.

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AMENDING ACT CREATING BOARD OF COMMISSIONERS FOR STEWART COUNTY. No. 285. An Act to amend section 7 of an Act, approved December 8, 1888, entitled An Act to create a Board of Commissioners of Roads and Revenues in the county of Stewart, so as to increase the pay of the clerk of said board, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That section 7 of an Act, approved December 8, 1888, entitled An Act to create a Board of Commissioners of Roads and Revenue in the county of Stewart, be, and the same is hereby amended by striking out from the third line of said section the word one, and inserting in lieu thereof the word two, so that said section when amended shall read as follows, to-wit: That the Ordinary shall be ex-officio clerk of said Board of Commissioners and shall be paid a sum not to exceed two hundred dollars per annum, and that said commissioners shall receive a sum not to exceed two dollars per day for the time they are actually engaged in looking after the interest of the county; Provided, that the amendment hereby made shall be operative from the passage of this Act. Salary of clerk increased. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889. PROVIDING FOR PAYMENT OF INSOLVENT COSTS TO OFFICERS OF COLUMBIA COUNTY. No. 286. An Act to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of the Superior Court of the county of Columbia, when there is no fund, or sufficient fund, for the purpose arising from fines and forfeitures. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, whenever there are not funds, or sufficient funds, arising from fines and forfeitures, out of which to pay the insolvent criminal costs of the

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Clerk and Sheriff of the Superior Court of the county of Columbia, Grand Jury of said county may, in its discretion, recommend the payment of said insolvent criminal costs to be made out of the county treasury of said county upon the order of the Judge of the Superior Court after he has audited and approved the said bill of costs as correct and due. SEC. II. Be it further enacted by authority aforesaid, That whenever said insolvent criminal costs have been so recommended by the Grand Jury, and the Judge of the Superior Court has passed an order as aforesaid, directed to the Treasurer for the payment thereof, it shall be the duty of said Treasurer to pay said insolvent criminal costs out of the general fund in the treasury. Treasurer's authority to pay. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889. REPEALS ACT PROVIDING FOR PAYMENT OF INSOLVENT COSTS TO OFFICERS OF MARION COUNTY. No. 291. An Act to repeal so much of an Act to provide for the payment of insolvent costs to the county officers of the counties of Marion, Lincoln, Douglas and McDuffie, approved February 15th, 1873, so far as the same extends to and includes the county of Marion. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that so much of an Act entitled an Act to provide for the payment of insolvent costs to the county officers of the counties of Marion, Lincoln, Douglas and McDuffie, approved February 15th, 1873, as extends to and includes the county of Marion, be, and the same is hereby repealed; Provided, that the provisions of this Act shall not affect the bills of costs of any of the officers of said county, now in commission, until the terms for which they are now commissioned shall have expired. Repeals Act providing for payment of insolvent costs county officers of Marion. SEC. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889.

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REPEALS ACT FIXING SALARIES OF TREASURERS OF SUMTER AND RANDOLPH COUNTIES. No. 292. An Act to repeal an Act, approved February 23, 1876, fixing the salaries of the County Treasurers of Sumter and Randolph counties at the sum of three hundred dollars. SECTION I. Be it enacted, That from and after the passage of this Act, that the Act of the General Assembly of Georgia, approved February 23, 1876, fixing the salaries of the County Treasurers of Sumter and Randolph counties, or so much thereof as applies to the County Treasurer of Sumter county, at the sum of three hundred ($300) dollars, be, and the same is hereby repealed; this Act to take effect and be of force from and after the passage of this Act, and the fees of the County Treasurer of Sumter county shall be as prescribed in section 3703 of the Code of Georgia. Repeals so much of Act as refers to Treasurer of Sumter county. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 19, 1889. AMENDING ACT CREATING BOARD OF COMMISSIONERS OF COLQUITT COUNTY. No. 295. An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the county of Colquitt, approved March 2nd, 1875. SECTION I. The General Assembly of the State of Georgia do enact, That an Act to create a Board of Commissioners of Roads and Revenues in the county of Colquitt, and approved March 2d, 1875, be amended as follows: The words in the first section of said Act, to-wit, To be elected by the qualified voters of said county, at an election to be held at the several election precincts therein, on the 1st Monday next thereafter, said words shall be substituted by the words following, to-wit: The Grand Jury, selected, chosen and sworn for the spring term of the Superior Court for 1871 for the county of Colquitt, shall elect five Commissioners of Roads and Revenues, who shall be commissioned by the Governor for

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the term of 2 (two) years, and said County Commissioners shall be paid by the County Treasurer out of the county funds each one dollar and fifty cents for each day's service rendered as commissioners. Amends original Act. Commissioners to be chosen by the the Grand Jury. SEC. II. Be it further enacted, That before this Act shall go into effect, it shall be adopted or ratified by the legal voters of Colquitt county. The Ordinary of said county shall order an election to be held at the places of holding elections for members of the General Assembly, to take place on the first Wednesday in January, 1890, to determine whether such Commissioners of Roads and Revenues of Colquitt county shall be elected by the qualified voters of said county or by the Grand Jury of said county. Act must be ratified by the people. SEC. III. Be it further enacted, That notice of such election shall be published at least once a week for four weeks in the Thomasville Times-Enterprise. Such election shall be held under the same regulations as are now prescribed by law for holding elections for the General Assembly, except as is otherwise provided by this Act. All persons qualified to vote for members of the General Assembly are qualified to vote under the provisions of this Act. Notice of election. Qualified voters. SEC. IV. Be it further enacted, That all persons voting at any election held under the provisions of this Act, who are in favor of the provisions of this Act, shall have written or printed on their tickets, For election by the Grand Jury, and those voting against the provisions of this Act shall have written or printed on their tickets, Against election by the Grand Jury. The Ordinary shall declare the result and publish the same in said paper once a week for four weeks; and said Act, if it gets a majority of the votes cast, shall take effect as soon as the publication has been made for the prescribed time. Except as hereinbefore provided, the laws governing elections of members of the General Assembly shall be of force. Ballots. Ordinary to publish the result. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889.

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AMENDING AN ACT PROVIDING COMPENSATION FOR MANAGERS AND CLERKS OF GENERAL AND SPECIAL ELECTIONS IN McDUFFIE COUNTY. No. 296. An Act to amend an Act entitled an Act to provide compensation for all Managers and Clerks of general and special elections held in McDuffie county, and for other purposes, approved October 22, 1887, so as to make said compensation two dollars per day each instead of one ($1.00) dollar as now provided, and so that said compensation shall be paid from the general funds of the county instead of from any funds in the county treasury not received from taxation as now provided. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, all managers and clerks of general and special elections for national, state and county officers shall receive as compensation for their services at said election the sum of ($2.00) two dollars per day each from the general fund of the county treasury. Compensation of election managers. SEC. II. Be it further enacted by the authority aforesaid, That the managers and clerks, as aforesaid, shall present their bills for their service to the Ordinary or such other officer or officers whose duty it is to audit claims against the county, and if found correct, he or they shall order the same paid as above provided. How paid. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889.

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AMENDING ACT CREATING BOARD OF COMMISSIONERS OF CARROLL COUNTY. No. 312. An Act to amend an Act to create a Board of Commissioners of Roads and Revenue for the county of Carroll; to define their powers and duties, and for other purposes pertaining thereto, so as to allow the commissioners to elect their own clerk; to provide a salary of twenty-five dollars for each commissioner per annum, and to allow the Treasurer of said county to pay Jury and Bailiff scrip without having the same countersigned by the County Commissioners. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section five of the above-recited Act be amended by adding at the end of said section the following proviso, except Jury and Bailiff scrip, so that said section when amended shall read as follows: That the Treasurer of said county shall not pay out or disburse any of the county funds or pay any order unless the same shall have been countersigned by a majority of said commissioners, except Jury and Bailiff scrip. Amends section 5. Disbursement of county funds. SEC. II. Be it further enacted, That section seven (VII) of the above-recited Act be stricken out and the following section substituted in lieu thereof: Section VII. Be it further enacted by the authority aforesaid, that said commissioners shall be exempt from road and jury duty; they shall have power to select their own clerk, and the clerk so selected by them shall receive the sum of fifty dollars per annum, and the commissioners are hereby authorized to draw their warrant on the Treasurer of said county of Carroll for said amount. Said board shall have authority to buy books and stationery for their use, to be paid for out of the treasury of said county by order of said commissioners, and said commissioners shall receive each a salary of twenty-five dollars per annum, to be paid on their own warrant. Clerk's salary. Commissioners' salary. SEC. III. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved September 26, 1889.

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REPEALING ACT RELATING TO COMPENSATION OF COMMISSIONERS OF CLAY COUNTY. No. 313. An Act to repeal the law relating to the compensation of the County Commissioners of Clay county, entitled An Act to repeal the tenth section of an Act entitled an Act to create a Board of Commissioners of the county of Clay and to prescribe and define the powers and duties thereof, approved February 20, 1873, and for other purposes, and to re-enact section ten (10) above specified. 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 repealing section ten of an Act, approved February 20, 1873, be itself repealed, and that section ten of said Act, approved February 20, 1873, be re-enacted, so that said section of said Act will read as follows: Sec. 10. That each of said commissioners shall receive two (2) dollars per day for each day they sit for county purposes, to be paid out of the treasury of said county. Compensation of county commissioners. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889. CREATING BOARD OF COMMISSIONERS OF BRYAN COUNTY. No. 315. An Act to create a Board of Commissioners of Roads and Revenues for the county of Bryan; to define their powers and duties, and for other purposes pertaining thereto. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, a Board of Commissioners of Roads and Revenue be, and the same are hereby established and created for the county of Bryan, consisting of five persons, one from each militia district, and one for the county at large, to-wit: James G. Moore of the 19th district, L. D. Todd of the

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20th district, Israel H. Ham of the 1137th district, James H. Blitch of the 1380th district, and Leonard F. Cox for the county at large, citizens of said county, whose term of office shall continue until the first Monday in May, 1892, and until their successors are appointed and qualified as hereinafter provided. Creates board of commissioners for Bryan county. Names of commissioners. SEC. II. Be it further enacted by the authority aforesaid, That the successors to the aforesaid commissioners shall be recommended by the Grand Jury of said county, at the May term, 1892, of the Superior Court of Bryan county, and every four years thereafter, and upon such recommendation, certified by the Clerk of said Superior Court, the Governor shall commission them for the term of four years; and any vacancy occurring in the board hereby created, and appointed, or in any subsequent board, shall be filled by the remaining commissioners, for the unexpired term of such outgoing commissioner, and no person shall be eligible to the office of such commissioner who shall not have attained the age of twenty-one years and have been a citizen of said county for two years next preceding his appointment. How future boards of commissioners will be elected. SEC. III. Be it enacted by the authority aforesaid, That said Board of Commissioners, when sitting for county purposes, shall have exclusive jurisdiction over all matters concerning county, property, county taxes, general and special, establishing and changing militia districts and election precincts, examining, auditing and allowing all claims against the county; in examining, auditing and settling the accounts of all officers having the care, management, collection, keeping and disbursement of money belonging to the county, or appropriated for its use and benefit; in making rules and regulations for the support of the poor of said county; in establishing, altering and abolishing roads, bridges and fences; in the appointment of Road Commissioners and enforcement of the road laws, and to have and exercise exclusive jurisdiction over all such county matters as was held and exercised by the inferior court, when sitting for county purposes, prior to the adoption of the Constitution of eighteen hundred and sixty-eight. Jurisdiction. General powers. SEC. IV. Be it further enacted by the authority aforesaid, That said commissioners shall meet at the court-house in said county on the first Tuesday in January, March, May, July, September and November in each year, or on such other day or days they may designate; they shall keep a full and complete record of all their actings and doings. A majority of such commissioners shall be necessary to constitute a quorum, and the concurrence of such majority shall be necessary to pass any order, decree or resolution. Quarterly meetings.

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SEC. V. Be it further enacted by the authority aforesaid, That the Treasurer of said county shall not pay out or disburse any of the county funds, or pay any order, unless the same shall have been countersigned by a majority of said commissioners. Disbursement of funds. SEC. VI. Be it further enacted by the authority aforesaid, That said commissioners, before entering upon the discharge of their duties, shall take and subscribe an oath to truly, faithfully and impartially discharge their duties during their term of office as County Commissioners, which oath shall be administered by the Ordinary of said county, and by him entered upon his minutes. Oath of office. SEC. VII. Be it enacted by the authority aforesaid, That said commissioners shall appoint a clerk for said board, who shall receive two dollars per day for actual service, and that said commissioners shall receive two dollars per day for actual service. Said board shall have authority to buy books and stationary for their use, to be paid for out of the treasury of said county by order of said commissioners. Salary of clerk and commissioners. SEC. VIII. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have the same rights as Judges of the Superior Courts to punish for contempts. Punishment for contempt. SEC. IX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889. AMENDING ACT CREATING BOARD OF COMMISSIONERS OF BIBB COUNTY. No. 336. An Act to amend an Act entitled an Act to establish a County Board of Commissioners for the county of Bibb; to define their duties, and for other purposes therein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the seventh section of the above-recited Act be amended by striking out in the fourth and fifth lines of said section the words, Two dollars per day for each day they sit for county purposes, and inserting in lieu thereof the following words, viz.: A salary at the rate of two hundred dollars ($200) per annum for their services as County Commissioners

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during their continuance in office, so that said section as amended shall read as follows: That it shall require three of said commissioners to constitute a quorum for the transaction of business, and three must concur to pass any order or [Illegible Text] Each of said commissioners shall be entitled to a salary at the rate of two hundred ($200) dollars per annum for their services as County Commissioners during their continuance in office, to be paid out of the treasury of said county, upon warrant drawn by said board, or a majority thereof. Salary of commissioners changed SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889. AMENDING ACT CREATING COMMISSIONERS OF McDUFFIE COUNTY. No. 346. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenue for the counties of Ware and McDuffie, approved August 24, 1872, as far as the same relates to the county of McDuffie, so as to provide a compensation of two dollars per day each for the Commissioners of Roads and Revenue for the county of McDuffie, and for other purposes. SECTION I. Be it further by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above-recited Act be, and the same is hereby, amended, in so far as the same relates to the county of McDuffie, so that, from and after the passage of this Act, the Commissioners of Roads and Revenue for the county of McDuffie be, and they are hereby, authorized to draw upon the County Treasurer of said county of McDuffie for such sum as may be necessary to pay each of said commissioners the sum of two dollars per day for every day they serve in the discharge of duties relating to county business. Salary of commissioners. SEC. II. Be it further enacted, That said Commissioners of Roads and Revenue for said county of McDuffie shall be exempt from jury, militia and road duty for and during the term of their service as such commissioners. Exempt from jury and road duty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889.

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REPEALING ACT CHANGING THE TIME OF HOLDING THE COURT OF ORDINARY OF SCREVEN COUNTY, AND FOR OTHER PURPOSES. No. 352. An Act to repeal an Act entitled An Act to change the time of holding the Court of Ordinary of Screven county, approved March 5th, 1856, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, an Act entitled An Act to change the time of holding the Court of Ordinary of Screven county, approved March 5th, 1856, be, and the same is hereby repealed. Repeals Act changing time of holding Court of Ordinary. SEC. II. Be it further enacted, That the time for holding said court shall be as provided by general law, which is now the first Monday of each month, and that all citations, notices and other proceedings, now pending, which are returnable to the second Monday in any month, are hereby made returnable to the first regular court thereafter held under the provisions of this Act. Time for holding Court of Ordinary. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889. AMENDING ACT CREATING BOARD OF COMMISSIONERS FOR MILLER COUNTY. No. 403. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Miller; define their powers and duties, and for other purposes therein mentioned, approved December 24th, 1888. SECTION I. Be it enacted by the General Assembly of Georgia, That the above-recited Act be, and the same is hereby amended by striking section eight (8) from said Act, which reads as follows: That it shall be the duty of Road Commissioners to endorse all orders drawn upon the funds of the county before the Treasurer of said county shall be authorized to pay the same, and inserting in lien thereof the following, to be known as section eight (8): It

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shall be the duty of said commissioners to audit and approve in writing all claims, except jury fees, against the county, and pass and draw all orders upon the funds of said county before County Treasurer of said county shall be authorized to pay the same. Repealing section 8. To draw orders on county treasurer SEC. II. Be it further enacted by the authority aforesaid, That section second (2d) of the above-recited Act be amended by striking out of the fourth line of said section the word two, and inserting in lieu thereof the word four, so that said section when so amended shall read as follows: That the successors of the aforesaid commissioners shall be elected by the qualified voters of said county on the first Wednesday in January, 1889, and every four years thereafter, and shall hold their office for four years, and until their successors are elected and qualified. Election county commissioners SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. CREATING BOARD OF COMMISSIONERS FOR TELFAIR COUNTY. No. 415. An Act to provide for the creation of a Board of Commissioners of Roads and Revenues in the county of Telfair, in this State; to prescribe their powers and duties, and to fix their compensation and the pay of the officers employed by them. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Grand Jury of the county of Telfair, at the October term, 1889, of the Superior Court for said county, shall recommend three upright and intelligent citizens of Telfair county to constitute the Board of County Commissioners for Telfair county, and who shall be appointed and commissioned as Notaries Public, ex-officio Justice of the Peace are now appointed and commissioned by the laws of this State. Manner of selecting board of commissioners. SEC. II. Be it further enacted, That of the three commissoners to be first appointed under this Act, one shall be appointed for one year, one shall be appointed for two years and one shall be appointed for three years from the dates of their respective appointments, and the successors of the said commissioners shall be appointed and

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commissioned in the same manner as their terms severally expire, or when a vacancy is to be filled. Term of office. SEC. III. Be it further enacted, That no person shall be eligible to the office of commissioner under this Act who has not at the date of his appointment attained the age of twenty-five years, and who has not been a resident freeholder of the county of Telfair for at least two years next preceding the date of such appointment, and said commissioners shall be liable to be removed from office at any time upon indictment and conviction for malpractice in office in the same manner as Justices of the Peace may be removed from office under existing laws. Who are eligible to the office. SEC. IV. Be it further enacted, That said board shall meet in regular session once every three months, at the county site, for the transaction of county business, but may meet in called meetings whenever public necessity may require; and said board shall, at their first meeting after their organization under this Act, appoint some suitable person to serve as clerk of their board, whose term of office shall be four years, unless sooner removed by said board for incompetency or malpractice in office, and whose compensation shall be fixed by said board at their first meeting each year, and shall be three dollars per day for each day actually employed by said board; said commissioners shall be entitled to three dollars per day each while actually discharging their public duties. The compensation herein provided for commissioners and clerk shall be paid out of the county treasury on orders signed by the chairman of said board. It shall be the duty of the clerk to attend all meetings of said board, and to keep in well-bound books, to be provided at the expense of the said county, full and accurate records and minutes of all transactions of said board; to file in the order of their dates all original orders and other papers belonging to said board; to arrange and keep in the order of their filing all petitions, applications and other papers addressed to said board, and to record in a separate book all orders made or approved by said board for the payment of money by the County Treasurer, and all books, files and records by this Act required to be used and kept shall be always open at the county site for the inspection of all tax-payers of said county. Quarterly sessions. Clerk. Term of office. Salaries. Duties of the clerk. SEC. V. Be it further enacted, That said board shall, at their first meeting in each year, choose one of their number chairman, whose duty it shall be to preside at all meetings of their board, to approve and sign the minutes of each meeting, and to sign, as chairman, all orders and processes of said board; and in case of the absence of any of said commissioners, the Ordinary of said county of

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Telfair shall act with said board, and shall be ex-officio a member of said board, and shall receive the same compensation for such service as a member of the said board. The said board shall have exclusive jurisdiction over the following subject-matter, to-wit: To provide for the control, management, preservation and repair of county buildings and other public property; to levy general taxes for general purposes and special taxes for special purposes; to establish, alter and abolish roads, bridges and ferries; to lay out and establish new militia districts and election precincts; to change polling places and to alter the lines of militia districts; to examine and approve the bonds of all county officers; to examine, audit and provide for the settlement of the accounts of all persons charged with the collection, care or disbursement of public money of said county; to provide for the management and support of paupers; to approve and direct the payment of all orders on County Treasurer for the payment of public money; to fix the license for peddling, and to exercise, under the general laws of this State, such powers as were, prior to the adoption of the Constitution of 1868, exercised by the Inferior Court over county matters in this State. Chairman. His duties. Jurisdiction of the board. SEC. VI. Be it further enacted, That said commissioners shall, before entering on their duties, each take and subscribe, before the Clerk of the Superior Court of said county, the oath now prescribed by law to be taken by county officers, which oath shall be filed in the office of the Ordinary; and said board shall, through its chairman, at least once in each year, prepare and submit to the Grand Juries of said county complete statements, in writing, of the condition of the county property, paupers and finances, and shall, whenever called by said Grand Jury, furnish them full and distinct information concerning the public business of the said county. Said board shall, when sitting for county purposes, have the same power to punish for contempt as is now exercised by Ordinaries, and shall also have power to enforce, by subp[oelig]na and attachment, the attendance of witnesses, and to require the Sheriff of said county to attend all sittings of the board, and to serve all processes and notices issued thereby, for which service the Sheriff shall receive the same compensation as they are allowed by law for like service in the Superior Court. Oath of office. Annual statements. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 21, 1889.

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AMENDING ACT CREATING BOARD OF COMMISSIONERS OF GORDON COUNTY. No. 423. An Act to amend the Acts creating and relating to the Board of Commissioners of Roads and Revenues for the county of Gordon, approved February 26th, 1874, and October 22d, 1887, so as to make the Ordinary of said county a member of said board, and ex-officio chairman and clerk of same; to fix the salaries of said commissioners, 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 first day of January, 1890, the Ordinary of the county of Gordon be, and he is hereby made and constituted a member of the Board of Commissioners of Roads and Revenues for said county of Gordon, and by virtue of his office as Ordinary he will act as chairman and clerk of said boad. Ordinary is made member of board of commissioners. SEC. II. Be it further enacted, That the salary of said Ordinary, as chairman and clerk of said Board of Commissioners of Roads and Revenues for said county of Gordon, shall be, and it is hereby fixed at the sum of two hundred and fifty dollars per annum. Salary of clerk. SEC. III. Be it further enacted, That the salaries of other members of said board shall be and remain the same as now fixed by the Act above referred to, approved October 22d, 1887. Other salaries. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 22, 1889.

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AUTHORIZING COMMISSIONERS OF TERRELL COUNTY TO SUBMIT QUESTION OF ISSUING BONDS TO BUILD NEW COURT HOUSE TO THE PEOPLE. No. 432. An Act to authorize the County Commissioners of Terrell county to submit to the qualified voters of said county the question of the issuance of county bonds to pay for the erection of a court house in said county; also for the sale and redemption of said bonds, 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 after the passage of this Act, it shall be the duty of the County Commissioners of Terrell county to order an election by the qualified voters of said county, to be held after advertising the same for thirty days in the newspaper which publishes the Sheriff's sales of said county, on the question of the issuance of bonds of said county under the terms of this Act; said election to be held at the same places and conducted in the same manner as elections for county officers; the ballots to bear the words for bonds or against bonds, and the returns to be made to the County Commissioners of said county, who shall pass upon and declare the result of said election. Said election shall be held by the same persons and in the same manner, under the same rules and regulations that elections for officers of said county are now held. Authority to order an election. How conducted. SEC. II. Be it further enacted, When said notice is given, and said election held in accordance with the preceding section, if the requisite two-thirds of the voters of said county shall vote for the bonds, then the authority to issue the bonds in accordance with paragraphs one and two, section 7, article 7, of the Constitution, is hereby given to the proper officers of said county. If two-thirds of the voters vote for bonds they may be issued. SEC. III. Be it further enacted, That if two-thirds of the qualified voters, voting at said election, shall vote for bonds, then said county authorities shall cause to be issued $30,000 of bonds of said county, to be signed by the Ordinary, who is ex-officio clerk of said county commissioners, and countersigned by the Treasurer of said county, in denominations of not less than one hundred dollars, nor exceeding one thousand dollars, with attached coupons for five per cent. interest per annum, payable on the first of January, annually, on presentation to the county Treasurer, which bonds and coupons shall be expressed to be issued for the erection of a court

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house in said county, shall be made payable at some convenient place, and the principal of which bonds shall become due as follows: $1,000.00 on the first day of January, 1891; $1,000.00 on each first day of January thereafter until all are paid. Authority to issue bonds. Rate of interest. When due. SEC. IV. Be it further enacted, That the notice provided for in section 1 of this Act shall state the amount of bonds to be issued and the amount of interest to be paid thereon, and the Board of Commissioners of said county, together with the several managers of said election, who bring up the returns, shall consolidate said returns and declare the result. What the notice of election shall contain. SEC. V. Be it further enacted, That in determining the question whether or not two-thirds of the qualified voters in seaid county voted in favor of the issuance of said bonds; the tally-sheet of the last general election held in said county shall be taken as a correct enumeration of the qualified voters thereof. To determine the result. SEC. VI. Be it further enacted, That upon ascertaining such result of said election, the said Board of Gounty Commissioners shall certify that fact to the Judge of the Superior Court of said county, who thereupon shall appoint three upright and competent citizens of said county as special commissioners, who shall constitute the Board of Court-house Commissioners, which board, or a majority of them, shall be charged with the duty of settling all details as to the form of said bonds, and as to the designs and plans of said court-house, the making of all contracts for and about the same, the supervision of the prompt erection and completion of said building, and the fulfillment of the contracts concerning the same. The Ordinary of the county shall be the secretary of said board, and shall keep a complete record of the doings thereof, and no money shall be paid out for said building except by order of said Board of Court-house Commissioners and the approval of the County Commissioners. Said commissioners and secretary shall receive such reasonable compensation as may be recommended by the Grand Jury, and afterwards approved and allowed by the County Commissioners. Said Court-house Commissioners, appointed as before provided, before enteing upon the discharge of their duties, shall take an oath to well and faithfully perform the same. They may be removed at any time by the Judge of the Superior Court of said county for inefficiency or malpractice, and also be prosecuted in the courts for any embezzlement of said bonds or any of the funds arising from their sale, or that may come into their hands, and, upon conviction thereof, shall be punished as prescribed in section 4421 of the Code of Georgia of 1882. The Judge of the Superior Court of said county is hereby empowered,

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and it is made his duty, to promptly fill any vacancy in said Board of Court-house Commissioners occurring from death, resignation, removal or other cause. The said bonds and coupons and the money arising from their sale shall not be used for any purpose whatever except the building of a new court-house for said county, and the furnishing of the same, should there be any surplus remaining after the completion of said court-house building. Board of court house commissioners. Their duties. Secretary. Salaries. May be removed for incompetency. Vacancies. Use of bonds. SEC. VII. Be it further enacted, That should the result of said first election be against the issuance of said bonds, then the said County Commissioners are hereby authorized and empowered to order a new election, under the provisions of this Act, at any time after the expiration of one year from said first election; Provided, the commissioners provided for in this Act shall, in addition to the oath prescribed therein, be required to enter into a bond of $5,000 (five thousand dollars) each, with good and sufficient security, for the faithful performance of their duties as such commissioners, which said bond shall be made payable to the Ordinary of said county and his successors in office, and shall be approved by said Ordinary; and provided further, that the said commissioners shall not be allowed to take any contract for building, or furnishing material for said building, or having any interest therein. If election is against issuance of bonds new election may be ordered. Bond of Commissioners. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889. AMENDING ACT REDUCING COMPENSATION OF OFFICERS OF BUTTS COUNTY. No. 449. An Act to amend an Act entitled an Act to reduce the compensation allowed the Tax Collector, Tax Receiver and County Treasurer on county taxes collected in Butts county, in this State, approved February 28, 1876, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the second section of an Act entitled an Act to reduce the compensation allowed the Tax Collector, Tax Receiver and County Treasurer on county taxes collected in Butts county, in this State, approved February 28, 1876, be, and the same is hereby, amended by striking therefrom the words, one and one-half, wherever they occur,

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and substituting therefor the words, two and one-half, so that said section when amended shall read as follows: That the County Treasurer of said county shall receive as compensation for his services two and one-half per cent. for receiving and two and one-half per cent. for paying out funds received. Increasing compensation for county officers of Butts county. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved October 25, 1889. AMENDING ACT CREATING BOARD OF COMMISSIONERS OF CAMPBELL COUNTY. No. 456. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Campbell; define their powers and duties, and for other purposes, approved February 8, 1874. SECTION I. Be it enacted, That the seventh section of the aboverecited Act be amended by inserting, after the word shall and before the word be, the following, viz.: Receive two dollars for each day of actual service rendered; Provided, they shall not receive more than sixteen dollars per annum each, so that said section shall read as follows: That said commissioners shall receive two dollars for each day of actual service rendered; Provided, they shall not receive more than sixteen dollars per annum, and be exempt from all road and jury duty, and the Ordinary of said county shall act as ex-officio clerk of the said Board of Commissioners, and for his service shall receive fifty dollars per annum. Said board is authorized to buy books and stationery for their use, to be paid for by the Treasurer of the county by order of said commissioners. Amends ection 7. Saiaries of Commissioners and Clerks. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889.

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AMENDING ACT CREATING BOARD OF COMMISSIONERS OF FAYETTE COUNTY. No. 457. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenue in the county of Fayette, and to define their powers, approved August 23d, 1872, so as to provide for the election of said board by the people, instead of by the Grand Jury, as provided in section second of said Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled an Act to create a Board of Commissioners of Roads and Revenue in the county of Fayette, and to define their powers, be amended by striking out the second section of said Act and substituting in lieu thereof the following: Section 2. That the successors of the present Board of Commissioners be elected by the people every two years at the time and in the manner provided for the election of members of the General Assembly of this State. The first election under this Act shall take place on the first Wednesday in October, 1890, and the present Board of Commissioners shall continue in office until their successors shall be so elected and qualified, as provided in the original Act. Provides for electing Board of Commissioners by the people. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889. AMENDING ACT CREATING BOARD OF COMMISSIONERS OF LIBERTY COUNTY. No. 465. An Act to amend an Act to create a Board of Commissioners for the county of Liberty, approved December 13th, 1871; to change the mode of electing said commissioners, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Board of Commissioners for the county of Liberty, consisting of three

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members, shall be appointed and commissioned by the Governor, upon the recommendation of the Grand Jury at the fall term of the Superior Court of Liberty county, preceding the expiration of the term of office of the present incumbents and at each period of four years thereafter. Commissioners appointed by the Governor. SEC. II. Be it further enacted, That should a vacancy occur in said board before the expiration of the present term of office, said vacancy shall be filled in the manner prescribed in the preceding section, upon the recommendation of the Grand Jury at the term of the court after said vacancy occurs, and all subsequent vacancies shall be filled in the same manner. Vacancies. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. RAISING BOND OF ORDINARY OF LIBERTY COUNTY. No. 516. An Act to raise the bond of the Ordinary of Liberty county to $5,000, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Ordinary of Liberty county, before he enters upon the discharge of his duties, shall give good and sufficient bond in the sum of five thousand dollars. Ordinary's bond increased. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 31, 1889.

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INCREASING NUMBER OF VOTING PLACES IN SAVANNAH. No. 520. An Act to amend the Act entitled an Act to give to the County Commissioners and ex-officio Judges of Chatham county power and authority to establish two or more voting places in the court-house of said county, and also to give to the Mayor and Aldermen of the city of Savannah power and authority to establish two or more voting places in the court-house of said county of Chatham when the election for Mayor and Aldermen for the said city shall take place, and for other purposes, so as to require the number of voting places to be not less than six. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the first section of the above-recited Act, passed the seventeenth day of February, eighteen hundred and seventy-seven (1877), be, and the same is hereby, so amended as to read as follows: That the County Commissioners and ex-officio Judges of Chatham county shall establish at least six voting places in and at the court-house of said county of Chatham, and that each of the voting places so established shall be presided over in the same manner and by such superintendents as are authorized to preside at elections for members of the General Assembly, and that the voting shall be conducted at each of said voting places in such manner as is now prescribed by law, and that the counting of the ballots and the returns of the elections shall be in accordance with the law for holding general elections in this State, and as if there were but one place of holding elections in and at said court-house, and that a majority of said superintendents shall be present at the counting of the ballots. Number of voting places increased. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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REQUIRING ORDINARIES OF CLINCH AND WARE COUNTIES TO HAVE LINE DEFINED. No. 618. An Act to authorize and require the Ordinaries of Ware and Clinch counties to have the old line between the two counties plainly marked, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be the duty of the Ordinaries of the counties of Ware and Clinch to appoint one fit and proper person from each county to have run and plainly marked the line between the two counties, beginning at the Flat Ford of Cane creek and following the old line to the Coffee county line, plainly marking the same and setting a solid lightwood post at the end of every mile, having the letters C. L. plainly cut on one face of each post. Authority to have line defined. SEC. II. Be it further enacted, That each county shall bear its proportionate share of the expenses of said survey. Expense. SEC. III. And be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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PROVIDES FOR THE FUNDING OF THE BONDED DEBT OF CLARKE COUNTY. No. 626. An Act to provide for the funding of the bonded debt of Clarke county; to authorize the proper county authorities to issue new bonds in lieu thereof, the same not to bear more than five (5) per cent. interest, and for other purposes. Whereas, the present outstanding bonds of the county of Clarke will mature in a short time; and whereas, said bonds were issued with the proviso and condition annexed that they could be called in and paid up by the said county of Clarke after the expiration of five (5) years' time, and as said duration has more than elapsed; and whereas, it is believed that new bonds issued by said county can be sold and floated at a less rate per cent. interest than the present ones bear, therefore SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Ordinary and Treasurer of Clarke county are hereby constituted commissioners, whose duty it shall be to take charge of the issue of the bonds hereinafter provided for and effect the sale of the same. Bond commissioners. SEC. II. Be it further enacted by the authority aforesaid, etc., That the said commissioners shall cause to be printed bonds of the denomination of five hundred dollars each, bearing interest not to exceed five (5) per cent. per annum, payable semi-annually, and the bonds due fifteen (15) years after date, with the option in the county of Clarke to call any or all of them in and pay them off at any time after the expiration of ten (10) years from their date. The total amount of bonds so issued shall not exceed the sum of the present bonded debt of said county, and the proceeds arising from the sale of said bonds shall be applied solely to paying off and retiring the existing bonded indebtedness of the county of Clarke. The bonds shall have coupons attached representing the semi-annual installments of interest, and the bonds shall be signed by the Ordinary and the coupons by the County Treasurer. Character of bonds issued. Amount of issue. SEC. III. Be it further enacted, etc., That the said commissioners shall, as soon as they can have these bonds printed and signed, as above provided, cause them to be placed upon the market for sale, so that they may from the proceeds pay off any and all of the bonds now outstanding, and the said commissioners may call in any or all of the present bonds as fast as they have funds in hand arising from the sale of the new bonds to pay the same. Disposition of bonds to be issued.

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SEC. IV. Be it further enacted, etc., That none of the bonds contemplated by this Act shall be sold for less than their full face value for their whole service in signing and issuing of the new bonds, or their payment of the old from the proceeds arising from the sale of the new, or for any commission connected therewith. Said Ordinary and County Treasurer, acting as commissioners, shall receive such compensation as the Grand Jury of said county may recommend and determine, the same to be paid out of the county treasury as other county debts are. Value of bonds. Compensation of commissioners. SEC. V. Be it further enacted, etc., That the commissioners aforesaid shall cause the new bonds issued by them to be numbered and registered as fast as issued, and the name of purchaser and amount of bonds so purchased, in a book to be kept for that purpose, in the office of the Ordinary, and as fast as any of the old bonds are taken up they shall be burnt by the commissioners. Must be numbered and registered. 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 November 11, 1889. PROVIDING COMPENSATION FOR CLERK SUPERIOR COURT, BIBB COUNTY, FOR SENDING CERTAIN RECORDS TO SUPREME COURT. No. 682. An Act to provide compensation for the Clerk of the Superior Court of Bibb county for expenditures made by him in sending to the Supreme Court certain records. SECTION I. Be it enacted by the General Assembly of this State, That the county of Bibb, through the Board of County Commissioners of said county, shall pay to D. H. Adams, the Clerk of the Superior Court of said county, the sum of four hundred and thirty-one (431) dollars expended by him as costs in preparing the transcript of the record to go to Supreme Court in the case of the State vs. Thomas G. Woolfolk, convicted of murder at Bibb Superior Court, November term, 1887, the same to be paid as part of court expenses. Authority to pay clerk Superior Court of Bibb county $431. SEC. II. Be it further enacted, That all laws and parts of laws conflicting herewith be, and the same are hereby repealed. Approved November 12, 1889.

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AMENDING ACT ESTABLISHING BOARD OF COMMISSIONERS FOR BURKE COUNTY. No. 696. An Act to amend an Act to establish a Board of Commissioners of Roads and Revenue for the county of Burke, and their powers, approved February 22, 1873, so as to define more particularly the general powers of said court, and especially the powers in reference to approving bonds and swearing in all the county officers, including Magistrates, Notaries Public and ex-officio Justices of the Peace, Constables, ordering the elections for the same, etc.; also to define more particularly the duties of the Clerk of said court and the compensation to be allowed him hereafter. 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 so amended that from and after the passage of this Act, all county officers in the county of Burke, State of Georgia, to-wit, Ordinaries, Clerks of the Superior Court, Sheriffs, Coroners, Constables, Magistrates, Notaries Public, ex-officio Justices of the Peace, Tax Receivers, Tax Collectors, County Surveyors and County Treasurers, shall qualify and take the oath of office before the Commissioners of Roads and Revenue for said county. All such oaths shall be written and signed by the party qualifying before all or any one of said Commissioners of Roads and Revenue, either in term time or in vacation, and all and each of said Commissioners of Roads and Revenue of said county are hereby authorized to administer oaths for said purpose, as well as for all and every purpose incidental to and necessary to the discharge of their several duties. All such oaths, when thus written out, signed and attested, shall be entered on the minutes of said Commissioners' Court. County officers of Burke county required to take oath of office. By whom administered. SEC. II. Be it further enacted, That the official bonds of each and all of said officers named in above section (who by law are required to give bond) shall be approved by the said Commissioners of Roads and Revenue, in term time or at a court called for that purpose, said approval to be signed by at least a majority of said court, and the fact of such approval must be entered upon the minutes of said court. The bonds of the County Treasurer, Constables and Tax Collector, so far as concerns taxes coming to Burke county, must be made payable to the said Commissioners of Roads and Revenue, and the bonds of all the other officers named above shall

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be made payable, as now required by law, to the Governor of the State and his successors in office. All such bonds shall be recorded by the clerk in a separate book kept by him for that purpose. Official bonds must be approved by board of commissioners. SEC. III. Be it further enacted, That in all cases where it is now by law made the duty of the Ordinary of the county to order an election for any one of said offices, appoint to office, fill a vacancy or remove any one of said officers from office, all such duties shall devolve upon and be performed by the said Commissioners of Roads and Revenue instead of by said Ordinary. Ordering election to fill vacancies. SEC. IV. Be it further enacted, That it shall be the duty of the Clerk of said Commissionsers' Court of Roads and Revenue to furnish all parties, upon demand, with exemplifications and transcripts of the papers and records of said court, and for such service shall be authorized to make the same charges as the Clerk of the Superior Court does for like service, and hereafter it shall be the duty of said Commissioners of Roads and Revenue to allow the Clerk of said court such annual compensation for his services as they may deem proper, the amount not to be less than one hundred dollars nor more than three hundred dollars. Transcripts of papers furnished on demand 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 November 12, 1889. AMENDING ACT CREATING BOARD OF EXAMINERS FOR STATIONARY ENGINEERS FOR FULTON COUNTY. No. 767. An Act to amend an Act, approved October 24th, 1887, providing for the ppointment of a Board of Examiners for stationary engineers for Fulton county by giving the County Commissioners certain authority over said board. SECTION I. Be it enacted, That from and after the passage of this Act, an Act, approved October 24th, 1887, providing for the appointment of a Board of Examiners for stationary engineers for Fulton county, be, and the same is, hereby amended as follows: (1) By inserting after words examiners for engineers, and before word operating, the words and assistant engineers, in title of original Act. (2) Also by striking out of title the first eight words, An Act to provide for the appointment of, and inserting the

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words, An Act to empower the County Commissioners of Fulton county to appoint, at their discretion. (3) Also by striking out of title of original Act the words for Fulton county by the Board of Commissioners of said county, so that said title, as amended, shall read, An Act to empower the County Commissioners of Fulton county to appoint, at their discretion, a Board of Examiners for engineers and assistant engineers operating stationary engines or boilers under steam pressure, and for other purposes. (4) Also to further amend said Act by adding to the original Act a new section, after section 1st, to be known as section 2nd, as follows: Original Act amended. Commissioners authorized to appoint board of examiners. SEC. II. Be it further enacted, That should the County Commissioners so authorize, said Board of Examiners shall grant assistant engineers licenses under such regulations as may be required by the County Commissioners. (5) Also to amend original Act by adding, after above, a new section, to be known as section 3rd, as follows: License for assistant engineers. SEC. III. Be it further enacted, That the County Commissioners are hereby empowered with full authority over said Board of Examiners, and may require them to make such reports or keep such records as they deem advisable. The County Commissioners may also, at their discretion, authorize said board to revoke licenses for negligence or insobriety under such conditions as they may prescribe; and said commissioners may prescribe that said board shall have authority, in granting licenses, to designate the class of engine and boiler such engineer or assistant, holding license, may take charge of, and also to require of such engineer or assistant an immediate report in case of accident to engine or boiler in his charge. Said County Commissioners are also empowered, should they deem such action warranted, to declare that said board is not necessary as a precaution against danger, and should the commissioners so declare, said Board of Examiners shall cease to exist and this Act shall become inoperative. (6) Also to amend original Act by adding another section after above as follows: County commissioners have full authority over board of examiners. May discontinue board. SEC. IV. Be it further enacted, That when any person shall, after notification from said board, continue in service as stationary engineer or assistant engineer, any one who has not the required certificate of said board, as to competency, such person shall be guilty of a misdemeanor and punished as prescribed in section 4310 of the Code. (7) Also to amend section 3 of original Act by striking out words, licenses as a stationary engineer, in fourth line, and inserting words, licenses as required by this Act. (8) Also to amend section 4 of original Act by striking out words, for the period of one year, in third line; also by striking out words, at

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the expiration of said time, in the third and fourth lines; also by striking words, said board, being respectively the last word in the fourth and the first word in the fifth lines, and inserting the words, the County Commissioners; also by striking out of fifth and sixth lines of same section the following words: by and with the consent of the Board of County Commissioners of Fulton county. (9) Also to amend the original Act by making section 2 of original Act section 5; and section 3, section 6; and section 4, section 7; by striking out section 5 of original Act, and by making section 6 section 8, so that said Act as amended shall read: Engineers who continue in service without certificate guilty of misdemeanor. An Act to empower the County Commissioners of Fulton county to appoint at their discretion, a Board of Examiners of engineers and assistant engineers, operating stationary engines or boilers under steam pressure, 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 Board of County Commissioners shall be empowered to appoint or elect a board of three practical stationary engineers for the purpose of examining and licensing, when qualified all persons engaged in running stationary engines or boilers under steam pressure. As amended. SEC. II. Be it further enacted, That, should the County Commissioners so authorize, said Board of Examiners shall grant assistant engineers licenses under such regulations as may be required by the County Commissioners. Assistant engineer. SEC. III. Be it further enacted, That the County Commissioners are hereby empowered with full authority over said Board of Examiners, and may require them to make such reports or keep such records as they deem advisable; the County Commissioners may also, at their discretion, authorize said board to revoke licenses for negligence or insobriety under such conditions as they may prescribe; and said commissioners may prescribe that the said board shall have authority in granting licenses; to designate the class of engine and boiler such engineer or assistant holding license may be qualified to take charge of; and also to require of such engineer or assistant an immediate report in case of accident to engine or boiler in his charge; said County Commissioners are also empowered, should they deem such action warranted, to declare that said board is not necessary as a precaution against danger, and should the commissioners so declare, said Board of Examiners shall cease to exist, and this Act shall become inoperative. May revoke license. Reports in case of accident.

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SEC. IV. Be it further enacted, That when any person shall, after notification from said board, continue in service, as stationary engineer or assistant, any one who has not the required certificate of said board as to competency, such person shall be guilty of a misdemeanor and punished as prescribed in section 4310 of the Code. Shall be guilty of misdimeanor if continues to work after notification. SEC. V. Be it further enacted, That said board shall be elected, at their first election, one for one year, one for two years, and one for three years, so that at the elections thereafter had the successors of these first elected shall each be elected for a period of three years. Term o office. SEC. VI. Be it further enacted, That said board shall hold regular examinations at stated times and places, to be fixed by the board itself, for the examination and licensing of any person wishing licenses as required by this Act; and no person shall be competent to stand said examination unless he has had at least one year's experience or apprenticeship at running an engine. Examination to secure license. SEC. VII. Be it further enacted, That said Board of Examiners shall have authority to license such persons as are qualified after such examinations, said license to be renewed upon such terms and conditions as the County Commissioners shall fix, and for such examination and license, they shall be allowed to charge as compensation for their services a fee to be fixed by the Board of County Commissioners, and they shall receive no other salary or fee for their services. Authority to issue license and compensation therefor. SEC. VIII. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. CREATING BOARD OF COMMISSIONERS FOR COFFEE COUNTY. No. 780. An Act to create a Board of Commissioners of Roads and Revenue for the county of Coffee; to define their powers and duties, and for other purposes. SECTION I. Be it enacted, etc., That a Board of Commissioners of Roads and Revenue is hereby created for the county of Coffee. Said board shall consist of five commissioners, to be elected by the Grand Jury of said county at the first term of the Superior Court held therein after the passage of this Act, and who shall hold their

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office until the next regular election for Ordinary of said county, when their successors shall be elected by the qualified voters of said county at the same time and hold their office for the same term as the Ordinary. It shall be the duty of the Clerk of the Superior Court to issue to the Board of Commissioners first elected a certificate of their election, which shall be sufficient evidence of the same, and of their authority to act, and the successors of those first elected shall be commissioned by the Governor. Office of Commissioners of roads and revenues created. Authority to act. SEC. II. Be it further enacted, That the said Board of Commissioners shall have and exercise all the powers and discharge all the duties in relation to the public buildings and property for said county, assessing, collecting and disbursing the county tax, auditing and settling of claims against the county, the laying out and changing militia districts, the establishing and abolishing of election precincts, and all matters relating to roads and bridges, and all other county matters which, prior to the adoption of the Constitution of 1868, were vested in the Inferior Court and afterwards in the Ordinary of said county. They shall also have power and authority to fill any vacancy that may occur in said board by appointment, to hold until the next regular election. Jurisdiction of the Board. Its duties. SEC. III. Be it further enacted, That it shall be the duty of said Board of Commissioners to meet at the court house in said county as often and at such times as they may deem proper for the discharge of their duties. They shall keep, or cause to be kept, a complete record of all their proceedings, and shall submit the same, together with a correct statement of the finances of the county, to the Grand Jury at the spring term of the Superior Court in each year. Meetings. Record of proceedings. SEC. IV. Be it further enacted, That the Clerk of the Superior Court shall be the clerk of said board, and may receive two dollars per day for each day's service rendered while said board are engaged in their said duties, and to be determined by said Board of Commissioners. Clerkhis salary. SEC. V. Be it further enacted, That each member of said Board of Commissioners shall each receive, as a compensation for their services while engaged in their official duties under this Act, two dollars per day, and shall be exempt from road and jury duty during their continuance in office. Compensation of Commissioners. SEC. VI. Be it further enacted by the General Assembly, That the clerk of said Board of Commissioners shall issue to each member of said Board of Commissioners a certificate showing the number of days each member of said board were engaged at each meeting of said board, which certificate shall be sufficient authority to the

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County Treasurer of said county to pay the same; and said Board of Commissioners shall approve the account of the clerk of said Board of Commissioners for each day said clerk was actually engaged as such for said Board of Commissioners, which account, when so approved, shall be sufficient authority to authorize the Treasurer of said county to pay the same. Authority to collect salaries from County Treasurer. SEC. VII. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. AMENDING ACT CREATING BOARD OF COMMISSIONERS OF ROADS AND REVENUES FOR PULASKI COUNTY. No. 783. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Pulaski, approved December the 20th, 1886. 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 paragraph three of section five of above recited Act be amended by adding at the end of said paragraph the words, and militia districts, so that said paragraph, when so amended, shall confer upon said commissioners jurisdiction to establish, change or abolish militia districts, and that paragraph five of section five be amended by adding at the end of said paragraph the words, and for this purpose they may pass orders, and in pursuance thereof issue or cause to be issued fi. fas. against said officers and their securities, which fi. fas. shall be directed to all and singular the Sheriffs of said State and made returnable to the Superior Court of said county. Authority to establish change or abolish militia districts. SEC. II. Be it further enacted, That said Act be further amended by adding the following, to be known as section 12, to-wit: That said commissioners shall have the jurisdiction and the exercise of 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 in cases of lunacy, and to exercise such other powers as are granted by law to the Ordinary over county business, or as are

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indispensable to their jurisdiction over county matters and county finances. Jurisdiction. SEC. III. Be it further enacted, That section 12 of said Act be changed to section 13. 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 November 13, 1889. PROVIDING FOR PAYMENT OF INSOLVENT COSTS TO CERTAIN OFFICERS OF HANCOCK COUNTY. No. 784. An Act to provide for the payment of the insolvent criminal costs of the Justices of the Peace, Notary Public and Constables of Hancock county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, in all cases when a commitment hearing is had before a Justice of the Peace, or Notary Public in Hancock county, of any person charged with a felony, and said person so charged is bound over to answer any indictment that may be made by the said jury against him, said Justice or Notary shall present to the County Commissioners of said county the itemized costs of himself and constable, incurred in said case, and it shall be the duty of the Commissioners of said county to audit the same on proof that said person was so indicted by said Grand Jury for a felony. Itemized cost of felony cases must be presented to county commissioners. SEC. II. Be it further enacted, That whenever said Justice or Notary shall bind any one over, either to the Superior Court or County Court of said county for a misdemeanor, he shall file with said commitment an itemized account of his and his Constable's costs, and in case said defendant is indicted, and tried and convicted, and punished by a fine, in whole or in part, said bill of costs so incurred shall be paid from said fine in preference to all other claims. Provides for payment of justice and constable's cost. SEC. III. Be it further enacted, That in all other cases of insolvent criminal costs due to such Justices, Notary and Constables in said county, it may be lawful for them to make out an itemized account thereof and submit the same to the Grand Jury of said

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county, and when the same is approved and recommended by said Grand Jury, it shall be the duty of the County Commissioners to audit the same. Accounts to be approved by Grand Jury 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 November 13, 1889. AMENDING ACT CREATING BOARD OF COMMISSIONERS OF SCREVEN COUNTY. No. 786. An Act to amend an Act entitled an Act to amend an Act entitled an Act to establish a Board of Commissioners for Screven county, and for other purposes, approved September 23, 1885, so as to provide that said commissioners shall be entitled to receive for their services as members of said Board of Commissioners the sum of two hundred dollars each per annum, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act which provides that the Board of Commissioners of Screven county be composed of three commissioners, approved September 23, 1885, be, and the same is hereby, amended as follows, viz.: by adding to and immediately after the last word in section 1 of said Act the following words, to-wit: And that said three commissioners shall be entitled to receive for their services as members of said Board of Commissioners the sum of two hundred dollars each per annum for every year they serve as such, and a proportional part of said amount for any fractional portion of a year, which amounts they are hereby authorized to levy in a general assessment of taxes for county purposes, so that said section, when amended, shall read as follows: That the Act which provides that the Board of Commissioners of Screven county shall be composed of the Ordinary, as ex-officio commissioner, and two commissioners, approved September 28, 1881, be, and the same is hereby, altered and amended so as to read as follows, to-wit: That hereafter three commissioners instead of two shall be elected by the legal voters of the county of Screven in the same manner and at the same time as two commissioners are now elected, except that one commissioner shall be elected on the first Monday in January, 1886, to serve as such until

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his successor shall be duly elected and qualified, and that said Board of Commissioners shall, after the commissioner herein mentioned to be elected on the first Monday in January, 1886, shall be duly elected and qualified, be composed of three commissioners, who shall have the same power, authority and jurisdiction as the present Board of Commissioners now have and possess, and that said three commissioners shall be entitled to receive for their services as members of said Board of Commissioners the sum of two hundred dollars each per annum for every year they serve as such, and a proportional part of said amount for any fractional portion of a year, which amounts they are hereby authorized to levy in a general assessment of taxes for county purposes. Amends original Act. Manner of electing board of commissioners. Compensation. 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 November 13, 1889. ABOLISHING BOARD OF ASSESSORS OF RICHMOND COUNTY. No. 801. An Act to repeal an Act entitled an Act to provide a Board of Assessors of real and personal property subject to taxation for the county of Richmond, and for other purposes, approved October 15th, 1885. SECTION. I. Be it enacted by the General Assembly of Georgia, That the Act entitled an Act to provide a Board of Assessors of real and personal property subject to taxation for the county of Richmond, and for other purposes, approved October 15th, 1885, be, and the same is hereby repealed; Provided, that the provisions of this Act shall not become operative, or have any effect whatever, until the same shall have been approved by two successive Grand Juries of the county. Act creating board of assessors 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 November 13, 1889.

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PROVIDING FOR THE PAYMENT OF INSOLVENT COSTS OF CLERK AND SHERIFF OF COLUMBIA COUNTY. An Act to provide for the payment of the insolvent criminal costs of the Clerk and the Sheriff of Columbia county out of the county treasury, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That whenever, at any term of the Superior Court of Columbia county, a majority of the Grand Jury shall so recommend, the Judge of the Superior Court shall grant to the Clerk of said court and the Sheriff of said county an order upon the County Treasurer for the payment of any account for insolvent criminal costs so recommended to be paid, and it shall be the duty of the County Treasurer of said county to pay the same out of any money in the treasury thereof; Provided, nothing in this Act shall be deemed or considered manpatory to the Grand Jury, but they shall have full discretion to recommend or not, as they see proper, the payment of said criminal insolvent costs. Authority to pay insolvent costs. SEC. II. And be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. [NOTE BY COMPILER.This Act was never approved by the Governor.]

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TITLE III. COUNTY AND CITY COURTS. ACTS. Abolishing County Court of McDuffie county. Authorizing adjustment of claims due Howell C. Glenn and W. D. Ellis, Solicitors City Court of Atlanta. Abolishing City Court of Carrollton. Establishing County Court of Screven county. Transferring misdemeanor cases from Superior Court of Stewart to County Court. Abolishing County Court of Jefferson county. Amending Act amending Act creating City Court of Savannah. Providing for Solicitor for City Court of Columbia. Amending Act creating County Court of Early county. Amending Act establishing City Court in the county of Floyd. Prohibiting Judge of County Court of Putnam county to practice law. Creating office of County Solicitor for Wayne county. Amending Act establishing City Court of Newnan. Abolishing the County Court of Burke county. ABOLISHING COUNTY COURT OF McDUFFIE COUNTY. No. 178. An Act to repeal an Act to create a County Court in each county in this State, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same apply to the county of McDuffie, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act and all amendments thereof as now embodied in the Code of 1882, from section 279 to 317 (e) inclusive, be, and the same are hereby repealed so far as they apply to the county of McDuffie, and the County Court of said county is hereby abolished; Provided,

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herein this Act shall not go into effect until and after the first day of December, 1889. County Court of McDuffie abolished. SEC. II. Be it further enacted, That on the 1st day of December, 1889, the Judge of the County Court of said county of McDuffie shall transfer all criminal cases pending in said court to the Superior Court of said county, and all civil cases to the Superior or Justice Court of said county according as the one or the other has jurisdiction under the law regulating the same. Provides for transfer of cases. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 1, 1889. AUTHORIZING ADJUSTMENT OF CLAIMS DUE HOWELL C. GLENN AND W. D. ELLIS, SOLICITORS OF CITY COURT OF ATLANTA. No. 184. An Act to authorize the compromise and adjustment of claims due to Howell C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta, and to provide for the payment thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Commissioners of Roads and Revenues for the county of Fulton be, and they are hereby authorized and required to levy a special tax and have the same collected for the payment of the insolvent costs due Howell C. Glenn and W. D. Ellis as former Solicitors of the City Court of Atlanta, and to pay the same to them by warrant on the County Treasurer in full discharge of their respective claims; said claims due each of said former Solicitors to be paid only upon itemized statements approved and recommended by the presiding Judge of said City Court, and being the itemized accounts now of record on the minutes of said court; Provided, that not more than fifty nor less than twenty per centum of the accounts so approved shall be paid. Within the limits named the amounts to be paid shall be fixed in the discretion of said commissioners. Authorizes levy of tax to pay claims for insolvent costs to Howell C. Glenn and W. D. Ellis. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 3, 1889.

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ABOLISHING CITY COURT OF CARROLLTON. No. 196. An Act to repeal an Act entitled An Act to establish a City Court in the city of Carrollton, in the county of Carroll; to provide for the appointment of a Judge and Solicitor thereof, and to define their duties and power, approved December 20th, 1884, and to provide for the disposition of the business pending therein, and the court papers, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, an Act entitled An Act to establish a City Court in the city of Carrollton, in the county of Carroll; to provide for the appointment of a Judge and Solicitor thereof, and to define their duties and power, approved December 20th, 1884, be, and the same is hereby repealed. Original Act repealed. SEC. II. Be it further enacted, That all cases pending in said City Court, both civil and criminal, be transferred to the Superior Court of said county of Carroll, and tried in said Superior Court as if originally filed in said Superior Court; and all illegalities or other proceedings growing out of any execution, decree or order of said City Court shall be returned to the Superior Court of said county of Carroll, and all witnesses subp[oelig]naed in cases pending in said City Court, shall attend the Superior Court of said county from time to time until said cases so transferred shall be disposed of. Provides for transfer of cases. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved August 10, 1889. ESTABLISHING COUNTY COURT FOR SCREVEN COUNTY. No. 221. An Act to establish the County Court for the county of Screven; to repeal all local conflicting laws, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and immediately after the passage of this Act, the County Court for the county of Screven shall be established and operated under the general laws of this State. County Court established

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SEC. II. That all local laws relating to the County Court for the county of Screven in conflict with this Act be, and the same are hereby, repealed. SEC. III. That the Governor of this State be, and is hereby authorized to appoint a County Judge for the County Court of said county without further recommendation from the Grand Jury, such recommendation having already been made by the Grand Jury of said county. Governor authorized to appoint Judge of County Court. SEC. IV. That the County Court of said county shall have and entertain jurisdiction as provided by the general laws of this State, and shall have and entertain jurisdiction as to all issues arising upon judgments obtained in the last County Court of said county, or executions issued therefrom, except in cases where the Superior Court has exercised and taken jurisdiction thereof. Jurisdiction. SEC. V. That nothing herein contained shall be so construed as to repeal any local law giving to other tribunals in said county jurisdiction over county matters. Does not effect other courts. SEC. VI. That the office of County Solicitor for the County Court of Screven county be, and the same is hereby, created. County Solicitor. SEC. VII. That upon the passage of this Act there shall be appointed by the Governor, by and with the advice and consent of the Senate, a County Solicitor for the County Court of Screven county, who shall receive such fees and compensation and shall perform such duties as are now provided by law in the fourth chapter of the Code of 1882, and whose term of office shall be four years. How appointed. His duties. SEC. VIII. That said Solicitor shall be an attorney-at-law of at least two years' practice. Qualification. SEC. IX. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 23, 1889.

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TRANSFERRING MISDEMEANOR CASES FROM SUPERIOR COURT OF STEWART TO COUNTY COURT. No. 284. An Act to provide for the transfer of misdemeanor cases which are now pending or which may hereafter arise in the Superior Court of the county of Stewart to the County Court of said county, and to prescribe the duty of the Solicitor-General in such transferred cases, and to provide for the disposition of fines and forfeitures arising in the County Court of said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, all cases of misdemeanors, which are now pending or which may hereafter arise in the Superior Court of the county of Stewart, may be by order of the Judge of said Superior Court, in his discretion, transferred from said Superior Court to the County Court of said county, to be then disposed of. Said Judge of the Superior Court shall have the right and power to pass said order transferring said cases, either in term time or in vacation. Authority to transfer misdemeanor cases from Superior to County Court. SEC. II. Be it further enacted, That it shall be the duty of the Solicitor-General of said Superior Court to prosecute said misdemeanor cases in the County Court. By whom prosecuted SEC. III. Be it further enacted, That all fines, forfeitures and costs collected in cases transferred by the Superior Court to said County Court shall be paid over to the Solicitor-General and reported by him to the Superior Court, to be distributed according to the same rules under which fines and forfeitures are distributed in cases pending in the Superior Court, and in such cases the officers of the County Court shall be paid out of the fines and forfeitures so collected whatever sum may be due for costs in the particular cases by the Solicitor-General. Disposition of fines and forfeitures. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889.

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ABOLISHING COUNTY COURT OF JEFFERSON COUNTY. No. 297. An Act to abolish the County Court of Jefferson county; to provide for the disposition of the business therein pending, 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 County Court of Jefferson county, established February 27, 1875, be, and the same is hereby abolished. County Court abolished. SEC. II. Be it further enacted by the authority aforesaid, That all civil and criminal cases now pending in said court, including all papers connected therewith, be, and the same are hereby transferred to the Superior Court of said county and there be disposed of by said Superior Court. Disposition of pending cases. SEC. III. Be it further enacted by the authority aforesaid, That all dockets, papers and writs appertaining to said County Court be, by the Judge of said County Court, transmitted to the Superior Court of said county. [Illegible Text] of papers. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889. AMENDING ACT AMENDING ACT CREATING CITY COURT OF SAVANNAH. No. 307. An Act to amend an Act to amend an Act to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practicing law, and for other purposes, approved September 15, 1881, so as to permit such Judge to practice law as a conveyancer under certain circumstances; to provide for the payment of his salary and other expenses of said court; to increase the term of service of, and to compensate jurors, and to better enforce their attendance, and for other purposes, approved September 18, 1883, by striking out the figures 1888 at the end of the first section and substituting therefor the figures 1892. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That an Act of the Legislature

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entitled an Act to amend an Act to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practicing law, and for other purposes, approved September 15, '81, so as to permit such Judge to practice law as a conveyancer under certain circumstances; to provide for the payment of his salary and other expenses of said court; to increase the term of service up, and to compensate jurors, and to better enforce their attendance, and for other purposes, approved September 18, 1883, be, and the same is hereby amended by striking out the figures 1888 at the end of the first section, and by substituting therefor the figures 1892. Act amended. SEC. II. Be it further enacted by the said authority, and it is hereby so enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed so far as they so conflict. Approved September 26, 1889. PROVIDING FOR SOLICITOR FOR CITY COURT OF COLUMBUS. No. 365. 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, by creating a separate Solicitor for said City Court, and providing for his appointment by the Governor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section third of the above-recited Act, which now reads as follows, to-wit: Section 3. Be it further enacted, That the Solicitor-General of the Chattahoochee Circuit shall be ex-officio Solicitor of the said City Court. It shall be the duty of the Solicitor of said court to represent the State in all cases in said court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. He shall receive for his services in said City Court the same fees that are provided by law for similar services in the Superior Court. Whenever the Solicitor-General shall be unable to attend said court by reason of his official engagements in any other court, or on account of sickness, or by reason of

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any other disability, it shall be the duty of said City Court Judge to appoint some competent attorney as Solicitor pro tem., who shall receive the same fees that are allowed the Solicitor for the same services, be altered and amended so as to read as follows: Be it further enacted, That there shall be a Solicitor of said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment by the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate should not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at its next session thereafter. No person shall be appointed Solicitor of said City Court unless at the time of his appointment he shall have arrived at the age of twenty-one years, and been a resident of said county three years, and shall be a lawyer, and shall have practiced law for one year next preceding his appointment. It shall be the duty of the Solicitor of said court to represent the State in all cases in said court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. He shall receive for his services in said court the same fees that are provided by law for similar services in the Superior Court. Whenever the Solicitor of said court, on account of sickness or other disability, is unable to attend said court, it shall be the duty of said City Court Judge to appoint some competent attorney as Solicitor pro tem., who shall receive the same fees that are allowed the Solicitor for the same service. Original Act amended. Manner of appointing Solicitor. Qualification for the office. Solicitor pro tem. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 11, 1889.

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AMENDING ACT CREATING COUNTY COURT OF EARLY COUNTY. No. 428. An Act to amend section 6th of an Act entitled an Act to create a County Court for the county of Early, approved September 21st, 1887, so as to provide for one panel of nine (9) jurors in said County Court, and to provide for the manner of striking juries, and for the pay of jurors, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 6th of an Act entitled an Act to create a County Court for the county of Early, approved September 21st, 1887, be, and the same is hereby amended by striking out the whole of said section 6 and inserting the following in lieu thereof: Section 6 of original Act repealed. SEC. II. Be it further enacted, That the jury for the trial of criminal cases, when so demanded, shall be composed of five (5) men; and it shall be the duty of the Judge of said County Court to provide, at each regular term thereof, one panel of nine jurors, from which each party be entitled to two alternate strikes; and the jurors so empaneled shall receive each $1.50 per day for their services for every day of actual attendance, for which amount the Judge of said court shall draw his warrant upon the County Treasurer, which shall be paid out of the funds in his hands levied to pay jurors, or out of other funds not otherwise appropriated. Manner of procuring juries. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this be, and the same are hereby repealed. Approved October 23, 1889.

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AMENDING ACT ESTABLISHING CITY COURT IN THE COUNTY OF FLOYD. No. 498. An Act to amend the Act entitled An Act to establish a City Court in the county of Floyd, approved September 27, 1883, so as to provide for an increase of the salary of the Judge of said court, and to increase the jurisdiction thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to establish a City Court in the county of Floyd, approved September 27, 1883, be, and the same is hereby, amended as follows, to-wit: By striking from section 1 of said Act, from the first paragraph thereof, the following words, to-wit: When the principal sum claimed in cases of contract, or the property or damages in cases of tort does not exceed the sum or value of five hundred dollars, so that the said first paragraph of said first section, when amended, shall read as follows, to-wit: That a City Court, which shall be a court of record, be, and the same is hereby created and established in the city of Rome, in the county of Floyd, with jurisdiction over the whole of said county, concurrent with the Superior Court, to try and dispose of all civil cases, except where exclusive jurisdiction is by law vested in the Superior Court; Provided, etc. Original Act amended. Jurisdiction. SEC. II. Be it further enacted, That section 2 of said Act be amended by striking out the words six hundred dollars, and inserting in lieu thereof the words one thousand dollars, so that the said section shall read, when amended as follows, to-wit: That there shall be a Judge of said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment by the Governor for the balance of the unexpired term; but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill such vacancy and submit such appointment to the Senate which shall next thereafter convene. The Judge of said City Court shall receive a salary of one thousand dollars per annum, which shall not be diminished during his continuance in office, which shall be paid quarterly by the Treasurer of the county of Floyd; and it shall be the duty of the Commissioners of Roads and Revenues of said county, or other proper officer, to make provision annually in levying

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the taxes for this purpose. The said Judge shall receive no other compensation, but may practice law in any court except his own; Provided, that in all civil cases where the principal sum claimed in cases of contract, or the property or damages in cases of tort exceeds the sum or value of five hundred dollars, the same shall not stand for trial until the second term after the appearance term of said court. Judge's salary increased. Vacancies. Proviso. SEC. III. Be it further enacted, That this Act shall take effect from and after its passage, except that the increased salary of the Judge shall date from and after November 1, 1889. Date of increase of salary. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. PROHIBITING JUDGE OF COUNTY COURT OF PUTNAM COUNTY TO PRACTICE LAW. No. 525. An Act to prohibit the Judge of the County Court of Putnam county from practicing law in cases of misdemeanor. SECTION I. The General Assembly do enact, That from and after the passage of this Act, it shall be unlawful for the Judge of the County Court of Putnam county to practice law in the trial of misdemeanor cases in any of the courts of said county so long as the salary of said Judge shall be $500 (five hundred dollars). Judge prohibited from practicing law in misdemeanor cases. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved November 4, 1889.

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CREATING OFFICE OF COUNTY SOLICITOR FOR WAYNE COUNTY. No. 550. An Act to create the office of County Solicitor for the county of Wayne; to provide for the appointment of said Solicitor, 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 office of County Solicitor for the County Court of Wayne county be, and the same is hereby created. Office of County Solicitor created. SEC. II. Be it further enacted by the authority of the same, That upon the passage of this Act, there shall be appointed by the Governor, by and with the advice and consent of the Senate, a County Solicitor for the County Court of Wayne county, who shall receive such fees and compensation and shall perform such duties as are now provided by law in the fourth chapter of the Code of 1882, and whose term of office shall be four years. How appointed. Compensation and duties. SEC. III. Be it further enacted by the authority of the same, That said Solicitor shall be an attorney at law of at least one year's practice. Qualification. 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 November 4, 1889. AMENDING ACT ESTABLISHING CITY COURT OF NEWNAN. No. 566. An Act to amend an Act entitled an Act to establish the City Court of Newnan; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties, and for other purposes, approved October 5, 1887. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section one (1) of the Act, approved October the 5th, 1887, entitled an Act to

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establish the City Court of Newnan; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties, and for other purposes, be, and the same is hereby amended by striking therefrom the word fifty, between the word as and the word dollars, on the seventh line, and inserting in lieu thereof the following words, one hundred, so that said section when amended will read as follows: It is hereby enacted by the General Assembly of Georgia, That the City Court of Newnan is hereby established and created with original civil and criminal jurisdiction over the whole county of Coweta, concurrent with the Superior Court, to try and dispose of all civil cases of whatsoever nature wherein the amount claimed or involved, including interest, is as much as one hundred dollars, except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Coweta; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now, or hereafter may be in use in the Superior Courts, either under the common law or by statute, including, among others, attachment and garnishment proceedings, illegalities, counter affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and mortgages and quo warranto. Amends section one of original Act. Jurisdiction. SEC. II. Be it further enacted, That section two (2) of the above recited Act, providing for appeals and certioraries to said court be and the same is hereby repealed. Repeals section 2. SEC. III. Be it further enacted, That section six (6) of the said above recited Act, providing for trials by Judge unless a jury is demanded, be, and the same is hereby repealed. Repeals section 6. SEC. IV. Be it further enacted, That section eight (8) of said recited Act, providing compensation to said Judge, be, and the same is hereby repealed, and the following is hereby enacted to become a part of said Act in lieu thereof, to-wit: Be it further enacted, That the Judge of said City Court shall receive a salary of one thousand dollars to be paid quarterly out of the treasury of Coweta county. He shall receive no fees or perquisites. Judge's salary. SEC. V. Be it further enacted, That section nine (9) of said above recited Act be, and the same is hereby amended by striking the words, the said Solicitor shall not appear against the State in any criminal case in any court except a felony case after indictment, between the words, pro tem. in the sixth line, and the

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word when in the eighth line, and change the word supreme, in the last three lines, to appellate, so that said section nine (9) when amended shall read as follows: Be it further enacted, That there shall be a Solicitor of said City Court appointed and confirmed and with term of office similar to the Judge of said court, with like proviso as to expiration of first term on the 21st day of March, 1890. In the absence or disqualification of said Solicitor, the City Judge may appoint a Solicitor pro tem. When a criminal case goes to the Appellate Court, the Solicitor who represented the State on the trial in the City Court shall represent the same in the Appellate Court. Amends section 9. Solicitor. SEC. VI. Be it further enacted, That section ten (10) of said Act be amended by adding to the item of fees the words, for representing the State in each criminal case certioraried to the Supreme Court ten dollars ($10.00), so that said section, when so amended, shall read: Be it further enacted, That the said Solicitor of the City Court, or the Solicitor pro tem., shall receive the following fees: For every case prosecuted to trial, or plea of guilty, that originates by accusation in the City Court, $10.00; for every indictment prosecuted to trial, or plea of guilty, $5.00; for every case for a violation of the gambling laws of this State, $25.00; for representing the State in each criminal case certioraried to the Superior Court, $10.00; for representing the State in each case carried to the Supreme Court, $15.00; for all services for which this Act does not provide, he shall receive the same fees as are now or hereafter may be allowed by law to Solicitors-General for similar services in the Superior Court; for representing the Tax Collector in rules against collecting officers in City Court, such compensation as the City Court may be order in such cases allow; for drawing attachment against defaulting witnesses in criminal cases and prosecuting case, $1.00. Insolvent costs to be paid out of fines and forfeitures as hereinafter provided. Fees of Solicitor. Insolvement costs. SEC. VII. Be it further enacted, That section fourteen (14) of said above recited Act be, and the same is hereby, amended by striking therefrom all the words of said section after the word county, on the ninth line, to-wit: Suits for not over one hundred dollars and attorney's fees, principal, and all issues and proceedings where not over one hundred dollars in value is involved, may be returnable to the monthly sessions of said court, and stand for trial at the first term. All other causes and proceedings must be brought to the quarterly terms, and stand for trial at the first or second term, as similar causes would be tried in the Superior Court, so that said section when amended shall read as follows: Be it

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further enacted, That in said City Court the same rules of procedure, service, pleadings and practice shall govern as for the time being obtain in the Superior Court, except as otherwise provided in this Act, and whenever and in all cases where the rules of the Superior Court cannot be made applicable on account of the difference in the constitution of said courts, then the City Judge may make and promulgate rules to cover such cases, publication of the same to be paid for by the county. Amends section 14. Rules of procedure, service, pleadings and practice. SEC. VIII. Be it further enacted, That section eighteen (18) of said above recited Act be, and the same is hereby, amended by striking the words monthly and, between the word be and the word quarterly, on the second line, and by striking the words the monthly terms to be on the third Monday in each month, and the quarterly terms to between the word quarterly, on said second line, and the word be on the third line, and by inserting the words and shall between the word to and the word be on the third line, and by inserting the word held between said word be on third line and the word on on the fourth line, so that said section when amended shall read as follows: Be it further enacted, That the terms of said court shall be quarterly, and shall be held on the third Mondays in January, April, July and October; Provided, that said City Judge may, from time to time, change the times of holding said court, such change to be advertised one time in the newspaper where the Sheriff's sales are published, such terms to be as near equi-distant as convenience will admit. The terms of said court shall last until the business is disposed of, and the Judge may set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Amends section 18. Term of Court changed Notice of change must be published. SEC. IX. Be it further enacted, That section twenty (20) of said above recited Act be, and the same is hereby, amended by striking the words fifty dollars between the word as on the fifth line and the word principal on the sixth line, and inserting in lieu thereof the words one hundred dollars, and by striking the words the monthly terms of between the word to and the word the on the seventh line thereof, so that said section when amended shall read as follows: Be it further enacted, That garnishments in suits in, or on judgments obtained in any court of any other county than Coweta, when the garnishee resides in Coweta county, may be returnable to the City Court, except in suits and judgments in Justices' Courts not involving as much as one hundred dollars principal and interest. Tax Collectors may make their garnishments returnable to the City Court, regardless of the amount

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involved, and in all such cases the Solicitor of the City Court shall represent the State and county. Amends section 20. Jurisdiction of court. SEC. X. Be it further enacted, That section twenty-one (21) of said above recited Act be, and the same is hereby, amended by striking the whole of said section, except the last sentence thereof, so that said section when amended shall read as follows: Said Judge shall have also same authority over court contracts as county Judges. Authority of Judge. SEC. XI. Be it further enacted, That section thirty (30) of said above recited Act be, and the same is hereby, repealed, and that the following section be, and the same is hereby enacted in lieu thereof, to-wit: Be it further enacted, That thirty jurors shall be drawn and summoned and twenty-four empaneled. Each party shall be entitled to the same number of strikes as are allowed in the Superior Court. Twelve shall constitute a jury. Whenever for any cause a jury is not drawn in term time, the Judge of the City Court of Newnan shall have the authority to draw the same in vacation. Section 30 repealed. Manner of securing juries. SEC. XII. Be it further enacted, That section 35 of said Act be amended in the last sentence, which reads: Such information may be amended under the same rules as County Court accusations under the general County Court law, by striking out all of said sentence after the word amended, and inserting in lieu thereof the words, at any time before verdict, so as to conform to the facts, so that said sentence will read: Such information may be amended at any time before verdict, so as to conform to the facts. Amends section 35. SEC. XIII. Be it further enacted, That section thirty-seven (37) of said above-recited Act be, and the same is hereby amended by striking the words monthly sitting, between the word first and the word after in the ninth (9th) line thereof, and in lieu thereof inserting the word term, so that said section, when amended, shall read as follows: Be it further enacted, That the Judge of the Superior Court may send down from the Superior Court of Coweta county any or all presentments and bills of indictment for misdemeanors to said City Court for trial, the order so transmitting such cases to be entered on the minutes of both courts. All bail bonds returnable to the Superior Court, to abide the action of the Grand Jury, shall follow such case to the City Court, when transferred, and the defendant shall, in such case, be bound to appear in such City Court at its first term after such bill is found. Amends section 37. Transfer of misdemeanor cases from Superior Court. SEC. XIV. Be it further enacted, That section thirty-nine (39) of said above-recited Act be, and the same is hereby amended by striking all the words of said section after the word State in the

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sixth line thereof, so that said section, when amended, shall read as follows: Be it further enacted, That a writ of error shall be direct from the said City Court to the Supreme Court upon a bill of exceptions certified ten days from the adjournment of the court under the same rules and regulations as govern the issue of writs of error and filing bills of exceptions in the Superior Courts of this State. Amends section 39. Writs of error. SEC. XV. Be it further enacted, That section forty-five (45) of said above recited Act be, and the same is hereby amended by striking out the word monthly after the word each and before the word term, in the first line thereof, and inserting in lieu thereof the word quarterly, so that said section when amended shall provide for the distribution of the money arising in said City Court from fines and forfeitures, and convict hire at the quarterly terms instead of monthly terms, as heretofore provided. Amends section 45. Distribution of fines and forfeitures. SEC. XVI. Be it further enacted, That said above recited Act be, and the same is hereby amended by enacting and adding thereto the following section, to be known as section forty-eight (48), to-wit: Be it further enacted, That all cases now pending in the monthly term of said City Court be, and the same are hereby transferred to the quarterly terms thereof, and shall stand for jury trial as all other cases therein, and that every case hereafter tried in said City Court shall be tried by a jury, unless the same is waived by the parties. Trial by jury. SEC. XVII. Be it further enacted, That this Act shall not take effect until on and after November 15, 1889. Goes into effect. SEC. XVIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889. ABOLISHING THE COUNTY COURT OF BURKE COUNTY. No. 578. An Act to abolish the County Court of Burke county; to provide for the disposition of the business therein pending, 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 County Court of Burke county be, and the same is hereby, abolished; Provided, that the above Act shall not become a law unless the Grand Jury of

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the Superior Court for Burke county, at the December term, 1889, shall recommend the abolition of said court. SEC. II. Be it further enacted by the authority aforesaid, That all civil and criminal cases now pending in said court, including all papers connected therewith, be, and the same are hereby transferred to the Superior Court of said county, and there be disposed of by said Superior Court. Provides for transfer of cases. SEC. III. Be it further enacted by the authority aforesaid, That all dockets, papers and writs appertaining to said County Court be, by the Judge of said County Court, transmitted to Superior Court of said county. Writs. 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 November 7, 1889.

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TITLE IV. GAME, ETC. ACTS. Amending Act for protection of game in Richmond county. Prohibits fishing or scining in Linton Lake or Sheldon Pond, in Thomas county. For protection of game in Burke county. Prohibits putting fish-traps and other obstructions in Pataula Creek. For protection of game in Houston county. Prohibits fishing, hunting or trespassing on the lands of another in Screven county. To prevent destruction of game in Colquitt county. Amending Act for protection of insectivorous birds, etc., in Montgomery county. Prohibits hunting or fishing on the lands of another in Bulloch county. Prohibits hunting or fishing on the lands of another in Telfair county. Prohibits net or sein fishing in certain waters in Telfair and Montgomery counties. Prohibits obstruction of streams in Randolph county. For protection of birds in Glynn county. Prohibits hunting or fishing on the lands of another in Montgomery county. To prevent destruction of game in Oconee county. Prohibits hunting on the lands of another in Emanuel county. Amending Act for the protection of game in Bibb county. Prohibits hunting or fishing on certain lands in Wilcox county. AMENDING ACT FOR PROTECTION OF GAME IN RICHMOND COUNTY. No. 167. An Act to amend an Act entitled an Act for the protection of game in Richmond county, approved Decembe 27th, 1886, by making the close time for doves from the first day of April to the fifteenth day of July in each year. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act for the protection of game in Richmond county, approved December 27th, 1886, be, and is hereby amended as follows, to-wit.: That section III of said Act

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be amended by striking out the word August in the fifth line thereof in the printed Acts and inserting in its stead the word July; that section V of said Act be amended by striking out the words, or any dove, in the fourth line thereof in said printed Acts and inserting in the sixth line of said section after the word year, and before the word, or, the following words: or any dove between the first day of April and the fifteenth day of July of each year; that said section VI of said Act be amended by striking out the word August in the sixth line thereof in said printed Acts and inserting in its stead the word July. Amends section 3. Close season for doves. SEC. II. Be it likewise enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 12, 1889. PROHIBITS FISHING OR SEINING IN LINTON LAKE OR SHELDON POND IN THOMAS COUNTY. No. 204. An Act to prohibit the fishing or seining in Linton Lake or Sheldon Pond, in Thomas county, Georgia, without the consent of the owners thereof. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: SECTION I. That from and after the passage of this Act, it shall be unlawful for any person or persons to fish or sein in Sheldon Pond or Linton Lake, in Thomas county, Georgia, without the consent of the owners thereof. Fishing or seining prohibited. SEC. II. Be it further enacted by the authority of the same, That any person or persons violating section 1 of this Act shall be guilty of a misdemeanor, and be punished as prescribed in section 4310 of the Code. Punishment for violation of Act. SEC. III. Be it further enacted by the authority of the same, That in the trial of offenses under this Act, the burden of proof to show consent shall rest upon defendant. Burden of proof. SEC. IV. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1889.

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FOR PROTECTION OF GAME IN BURKE COUNTY. No. 209. An Act for the protection of game in the county of Burke, and for other purposes. 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 Burke, 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. Penalty for hunting or killing fawns. 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-nine (1889), in any manner hunt, wound, kill or take any buck, deer or any doe deer, or who, after the first day of October, 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. Manner of hunting deer prescribed. 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 first day of October, in each year, or any summer duck or any dove, between the first day of April and the fifteenth day of July in each year, or any woodcock between the first day of January and the fifteenth day of August, in each year, on conviction, be punished as prescribed in the first section of this Act. Fine for hunting turkeys, ducks, etc. 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 possesson the eggs or unfledged young of any wild turkey, partridge, summer

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duck, dove or woodcock, shall, on conviction, be punished as prescribed in the first section of this Act. Snares or nets. 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. Seasons when birds cannot be sold. 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 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 Sheriff 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 knowledge to the Solicitor-General of the Augusta Circuit,

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or to the Solicitor of the City Court in 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 fines imposed, such orders to be paid in order of date. Proof necessary to convict. Seller or buyer may be competent witness. Authority to destroy snares or traps. Half the fine goes to the informer. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1889. PROHIBITS PUTTING FISH TRAPS AND OTHER OBSTRUCTIONS IN PATAULA CREEK. No. 213. An Act to prohibit the putting of fish traps and other obstructions in the Pataula Creek and its tributaries, and to provide for the removal of said obstructions put in said streams heretofore in the counties of Stewart, Randolph, Quitman and Clay, and to fix a penalty for a violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall be unlawful for any person or persons to put any fishtraps or other obstructions in the Pataula Creek, or in any of its tributaries in the counties of Stewart, Randolph, Quitman and Clay, in this State, so as to interrupt the free passage of fish in said streams. Any person or persons violating this Act shall be deemed guilty of a misdemeanor, and shall be, upon conviction thereof, punished as is prescribed in sectien 4310 of Code of Georgia. Penalty for putting fish traps or other obstructions in Pataula creek. SEC. II. Be it further enacted, That when any fishtraps or other obstruction has been put in said streams heretofore, it shall be lawful for any party interested to remove or destroy the same; Provided, that this Act shall not be construed to prevent the construction

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of dams across said creek or its tributaries for mills or water gins by land owners along said stream. Authority to remove obstructions. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1889. FOR PROTECTION OF GAME IN HOUSTON COUNTY. No. 220. To amend an Act entitled an Act for the protection of game and birds in the county of Houston; to prohibit the killing, trapping or netting the same, or buying, selling or offering for sale the [Illegible Text] during certain months in said county; to provide penalties for so doing, and for other purposes, approved October 18, 1879. SECTION I. The General Assembly of Georgia do enact, That the above recited Act, which provides for the provides for the protection of certain birds in Houston county, and also fixes a time during which alone it is lawful to kill, trap or net, buy, sell or offer for sale certain game birds, be amended by changing the dates therein as follows, to-wit: by striking out the 1st day of March and inserting in lieu thereof the 15th day of April, so that said hunting season shall extend from October 1st to April 15th. Hunting season prescribed. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 23, 1889.

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PROHIBITS FISHING, HUNTING OR TRESPASSING ON THE LANDS OF ANOTHER IN SCREVEN COUNTY. No. 247. An Act to prohibit fishing, hunting, or otherwise trespassing on the lands of another in the county of Screven, without the consent of the owner; to prescribe the penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, fishing in any manner upon the land or in the waters of another, or hunting upon the same with dogs or with firearms, or with both, without the written consent of the owner, is hereby prohibited within the county of Screven, whether said lands be enclosed or unenclosed. Hunting or fishing on the lands of another prohibited. SEC. II. Be it further enacted, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1889. TO PREVENT THE DESTRUCTION OF GAME IN COLQUITT COUNTY. No. 328. An Act to prevent the destruction of game in the county of Colquitt. SECTION I. Be it enacted, That from and after the passage of this Act, the shooting, killing, trapping or destruction of any insectivorous birds at any time, or the shooting, killing, trapping or destruction of any deer, partridge, wild turkey or wild ducks between the first day of the month of March and the first day of the month of October of any year, shall be held and deemed a misdemeanor, and, on conviction, shall be punishable as prescribed in 4310 of the Code of Georgia. Close season from March 1 to October 1. SEC. II. Be it further enacted by the General Assembly of Georgia, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889.

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AMENDING ACT FOR PROTECTION OF INSECTIVOROUS BIRDS, ETC., IN MONTGOMERY COUNTY. No. 363. An Act to amend an Act entitled An Act for the protection of game, insectiviorous birds, and birds of song, for the county of Montgomery, approved October 22d, 1887, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that section one (1) of said original Act be, and the same is hereby amended by striking therefrom the words, The fifteenth day of March, and insertng in lieu thereof the words, first day of April, and inserting after the word partridge the word quail, so that the said section, when amended, shall read as follows: That the shooting, killing, trapping or destruction of any deer, wild turkey, wild duck, partridge, quail, snipe or dove from and after the passage of this Act, between the first day of April and the first day of October of any year, in the county of Montgomery, shall be held and determined a misdemeanor, and shall be punished by a fine not to exceed five hundred dollars, or imprisonment in the county jail not exceeding six months, at the discretion of the court. Original Act amended. Close season from April 1 to October 1. SEC. II. Be it further enacted by the authority aforesaid, That the trapping or netting of any wild turkey, partridge or quail, at any time or season of the year, shall be held and determined a misdemeanor, and shall be punished as prescribed in the first section of the Act of which this is amendatory. Prohibits trapping or netting. SEC. III. Be it further enacted by the authority aforesaid, That the destroying of the eggs or the breaking up of the nests of any wild turkey, partridge or quail during the laying, setting or hatching season, at any time of the year, shall be held and determined a misdemeanor and punished as prescribed in the first section of the Act of which this is amendatory. Penalty for destroying eggs. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 11, 1889.

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PROHIBITS HUNTING OR FISHING ON THE LANDS OF ANOTHER IN BULLOCH COUNTY. No. 390. An Act to prohibit hunting or fishing on the enclosed or unenclosed lands of another in Bulloch county without the written consent of the owner, and to provide a game and fish law for said county, and to prescribe a punishment for violation thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That it shall not be lawful for any person to hunt with dogs, or firearms, or implements of any kind, on any lands not his own in the county of Bulloch without the written consent of the owner of the lands or the persons having such lands in charge, after such owner or person having such land in charge has given written notice by placing the same on said land, or given such person or persons written notice forbidding such person or persons from hunting or fishing on such lands. Prohibits [Illegible Text] hunting on the lands of another wthout consent of the owner. 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, gillnets, cast-nets, or in any other way in any streams or ponds on any lands not his own in the county of Bulloch withont the written consent of the owner of the lands, or of the persons having such lands in charge. Prohibits fishing, etc. SEC. III. Be it further enacted, That it shall not be lawful for any person to shoot, kill, trap, snare, net or otherwise destroy any wild turkey, wild duck, partridge or quail in the county of Bulloch between the first day of April and the first day of October in any year. Close season. SEC. IV. Be it further enacted, That it shall not be lawful for any person to buy, sell or offer for sale in said county, between the first day of April and the first day of October in any year, any wild turkey, wild duck, partridge or quail. Sale of live game prohibited. SEC. V. Be it further enacted, That for every violation of any of the provisions of this Act, the person or persons so offending shall be guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for violating this Act. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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PROHIBITS HUNTING OR FISHING ON THE LANDS OF ANOTHER IN TELFAIR COUNTY. No. 419. An Act to prohibit person or persons from hunting and fishing on the lands of another in the county of Telfair, in the State of Georgia, except by written consent of the land owner or his agent, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful to hunt with gun and dogs or to fish with hooks and lines, with nets or any other device for killing of any game or the catching or capturing of fish on the land of another in the county of Telfair, in the State of Georgia, without first having obtained from the owner of the land, or his agent, written consent. Prohibits hunting or fishing on lands of another without consent of owner. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the preceding section shall be held guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Revised Code; one-half of the fine or fines collected to be paid to the informer. Penalty for violating Act. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 22, 1889. PROHIBITS NET OR SEINE FISHING IN CERTAIN WATERS IN TELFAIR AND MONTGOMERY COUNTIES. No. 424. An Act to prohibit any person or persons from catching fish with seines and nets in the waters of Gum Swamp and Sugar Creeks in the counties of Telfair and Montgomery, and to provide a penalty for a violation of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person

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or persons to catch fish in Gum Swamp and Sugar Creeks, or either of said creeks, by or with seines, gill nets, traps or drags, and any person or persons who shall so catch fish in said creeks in the counties of Telfair and Montgomery, or either of said creeks in said counties, shall be guilty of misdemeanor, and shall, on conviction, be punished as prescribed in section 4310 of the Revised Code of Georgia. Penalty for seine or net fishing, etc. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 22, 1889. PROHIBITS OBSTRUCTION OF STREAMS IN RANDOLPH COUNTY. No. 448. An Act to prohibit the putting in of any fish-trap or other obstruction to prevent the free passage of fish in any water-course in Randolph county, and to provide for the removal of existing obstructions, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall not be lawful for any person or persons to put in any fish-trap, nets or other obstruction to prevent the free passage of fish in any of the streams of Randolph county; Provided, nothing in this Act shall be construed so as to prevent the building of dams for the purpose of running mills, gins or other machinery by land-owners along said streams. Prohibits putting fish traps or other obstructions in streams of Randolph county. SEC. II. Be it further enacted by the authority aforesaid, That it shall be lawful for any party interested to remove any trap, net or other obstruction put in said streams prior to the passage of this Act. May be removed. SEC. III. Any one violating section 1 of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for violating section 1. SEC. IV. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889.

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FOR PROTECTION OF BIRDS IN GLYNN COUNTY. No. 459. An Act for the better protection of game and game birds within the county of Glynn; to prevent the hunting, killing, trapping, snaring or otherwise destroying them during certain seasons of the year; to prohibit the buying or selling, or offering for sale the same, either dead or alive, during such seasons of the year; to provide a method of procedure, and to prescribe penalties for violations thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, any person who shall shoot, kill, trap, snare, net or otherwise take or destroy any deer, wild turkey, partridge or quail, in the county of Glynn, between the first day of April and the first day of November of any year, or any person who shall sell in said county, offer for sale, or buy any deer, wild turkey, partridge or quail between said first days of April and November shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia. Prohibits hunting between April 1 and November 1. Penalty. SEC. II. Be it also further enacted by said authority, That any person who shall destroy the nest or eggs of any wild turkey, partridge, quail or wild duck shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in said first section of this Act. Penalty for destroying eggs. SEC. III. Be it further enacted, That upon the trial of any person indicted or accused under either of the provisions of the foregoing Act, upon proof that the defendant in the county of Glynn, within the season named in the said Act, was in possession of either of the species of game described therein, or any portion thereof, whether dead or alive, the presumption shall arise that such game was taken or killed within the county of Glynn and the burden shall be upon the defendant to show the contrary. Evidence sufficient to convict. SEC. IV. Be it further enacted by said authority, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889.

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PROHIBITS HUNTING OR FISHING ON THE LANDS OF ANOTHER IN MONTGOMERY COUNTY. No. 470. An Act to prohibit any person or persons from fishing on the lands of another in the county of Montgomery, in the State of Georgia, except by written consent of the land owner or his agent, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful to fish with hooks and lines, with nets, or any other device for the catching or capturing of fish on the land of another in the county of Montgomery, in the State of Georgia, without first having obtained from the owner of the land or his agent written consent. Prohibits fishing on the lands of another. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the preceding section shall be held guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Revised Code, one-half of the fine or fines collected to be paid to the informer. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. TO PREVENT DESTRUCTION OF GAME IN OCONEE COUNTY. No. 557. An Act to prevent the destruction of game in the county of [Illegible Text], 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 authority of the same, That from and after the passage of this Act, the shooting, killing, trapping or destruction of any insectivorous birds at any time, except such as are destructive to crops, or the shooting, killing, trapping or destruction of any partridge, wild turkey or wild duck between the

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first day of the month of April and the 15th day of October of any year, within the limits of the county of Oconee, in this State, shall be held to be a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars or imprisonment in the common jail of the county not exceeding six months, in the discretion of the court. Prohibits killing birds between April 1 and October 15. 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 November 5, 1889. PROHIBITS HUNTING ON THE LANDS OF ANOTHER IN EMANUEL COUNTY. No. 760. An Act to prohibit hunting on the lands of another within the limits of Emanuel county; to prohibit fishing in waters on lands of another within the limits of said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to hunt with dogs, firearms or other implements, in or through lands of another within the limits of Emanuel county, in this State, enclosed or unenclosed, or to take or attempt to take fish with a line, net, seine, trap, or other contrivance, from any waters on the lands of another without the consent in writing of the owner or owners of said land in said county. Prohibits hunting or fishing, etc. SEC. II. Be it further enacted, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted, That this Act shall not go into effect until the Grand Jury of said county shall by a majority so recommend, and the same shall have been published one time in the special presentments of said Grand Jury in the public gazette in which the legal advertisements of said county are published. When this Act can go into effect. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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AMENDING ACT FOR THE PROTECTION OF GAME IN BIBB COUNTY. No. 827. An Act to amend an Act entitled An Act for the protection of game and birds in the county of Bibb; to prohibit the killing, trapping or netting of the same, or buying, selling or offering for sale the same during certain months in said county; to provide penalties for so doing, and for other purposes, approved October 16, 1887, so as to include song birds and all insectivorous birds, except English sparrows. 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 for the protection of game and birds in the county of Bibb; to prohibit the killing, trapping or netting of the same, or buying, selling or offering for sale the same during certain months in said county; to provide penalties for so doing, and for other purposes, approved October, 1887, be so amended as follows: after the word partridge, in the fourth line of said section, by adding the words, or any insectivorous bird or song bird, except English sparrows, snipe and bats and robins, and by striking, wherever it now appears in said section, the words April and first, and inserting in lieu thereof the words March and fifteenth, so that said section, when amended, shall read as follows: That from and after the passage of this Act, any person who shall shoot, kill, trap, snare, net or otherwise destroy any deer, wild turkey, partridge or any insectivorous or singing bird, except English sparrows, snipe, bats and robins, in the county of Bibb, between the first day of March and the 15th day of October of any year, or any person who shall buy, sell or offer for sale any deer or wild turkey or partridge in the county of Bibb between the first of March and the fifteenth of October in any year, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 Code of Georgia. Original Act amended. Close season from first day of March to October 15. SEC. II. Be it further enacted by the authority aforesaid, That the second section of said Act be amended by adding after the word owner, in the fourth line of said section, the words, any person who shall offer for sale any wild turkey or partridge in the county of Bibb that has been caught in any trap, snare, net or otherwise in said county, so that said section when amended shall

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read as follows: That any person who shall snare, trap or net any partridge in said county, except on his or her own land, or with the permission of such owner, and any person who shall offer for sale any wild turkey or partridge in the county of Bibb that has been caught in any trap, snare, net or otherwise, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in the first section of this Act. Amends section 2. Penalty for snaring or trapping. SEC. III. Be it further enacted by the authority aforesaid, That section 3rd of said Act be amended by adding after the word dove in the third line in said third section the words rabbit or summer duck, and after the words day of in the fourth line of said section to strike the word April and insert the word March, so that said section when so amended shall read as follows: That any person who shall shoot, kill, trap or otherwise destroy, or shall buy, sell or offer for sale any dove, rabbit or summer duck in said county between the 1st of March and the 1st of August of any year shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in the first section of this Act. Section 3 amended. Penalty for violating Act. SEC. IV. Be it further enacted by the authority aforesaid, That said section be amended by adding after the word dove in the third line of said section the words any insectivorous bird or songbird, except English sparrows, snipe, bats and robins. SEC. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. PROHIBITS HUNTING OR FISHING ON CERTAIN LANDS IN WILCOX COUNTY. No. 831. An Act to prohibit hunting or fishing on the lands of another, in those portions of Wilcox county, Ga., east of the river road and on the land of Robert V. Bowen, without the consent of the owner of the land, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That it shall not be lawful for any person to hunt with dogs or fire-arms, or implements of any kind, on any lands in the county of Wilcox, lying east of the river road or on the lands of Robert V. Bowen, in said county, without the consent of the owner of the lands, or the persons having said lands in charge. Prohibits hunting on lands of another, etc.

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SEC. II. Be it further enacted, That it shall not be lawful for any person to catch or entrap fish with hooks and lines, scines, gill-nets, cast-nests, or in any other way, in any streams or ponds, on any lands in the county of Wilcox, east of the river road, or on the lands of Robert V. Bowen, in said county, without the consent of the owner of the lands, or the persons having charge of said lands; Provided, that the owner of such lands shall post, and keep posted, notice in two or more places on such lands, and one at the court house door of Wilcox county, forbidding such hunting and fishing. Prohibits fishing on certain lands. Proviso. SEC. III. Be it further enacted, That for every violation of this Act, the persons offending shall be guilty of a misdemeanor, and shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. 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 November 13, 1889.

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TITLE V. REGISTRATION. ACTS. Registration law for Pierce County. Registration law for Fulton County. Registration law for Warren County. Registration law for Bryan County. Registration law for Bulloch County. Registration law for McIntosh County. Registration law for Taliaferro County. Registration law for Jasper County. Registration law for Pulaski County. Registration law for Polk County. Registration law for Mitchell County. Registration law for Wilkinson County. Registration law for Clarke County. Amending Registration law of Warren County. Registration law for Coffee County. REGISTRATION LAW FOR PIERCE COUNTY. No. 200. An Act to provide for the registration of the qualified voters of Pierce county, and to provide that the same shall be done before the Justices of the Peace and the Notaries Public of the militia districts of said county, and to prescribe their duties in this connection and fix their compensation; also to fix the time, place and manner of such registration; also to provide that no person shall be entitled to vote in any election to be held hereafter in said county of Pierce 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 the State of Georgia, That from and after the first day of January, 1890, it

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shall not be lawful for any person to vote or attempt to vote in any election in the county of Pierce without having registered in the manner as hereinafter provided. All voters required to register. SEC. II. Be it further enacted by the authority aforesaid, That the Justices of the Peace and Notaries Public of the militia districts of said county of Pierce (or in case there be no Justice of the Peace or Notary Public in any militia district in said county, then the Ordinary of said county shall appoint a suitable person of said district to be registrar of said district) shall be registrars of said county of Pierce, and shall, before entering upon their duties as such, before the Ordinary of said county, take and subscribe 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 such persons not entitled to vote. Justices of the Peace and Notaries Public to act as Registrars. Oath of Registrars. SEC. III. Be it further enacted, That it shall be the duty of the registrars of said county, during the year 1890 and biennially thereafter, or during each year that elections are held for Governor, members of the General Assembly, members of Congress and Presdential electors, to keep a book in which he shall enter, upon the personal application of any person entitled under the Constitution and laws of Georgia to vote in any election in this State, the name of such person; Provided, all persons applying to be registered shall do so in their 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 for the last twelve months in this State next preceding the election to be held in October next, and six months in the county of Pierce, 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. Duties of the registrars. Proviso. Oath to be administered to voters who wish to register. SEC. IV. 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 in said county, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for attempting to vote without registering.

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SEC. V. Be it further enacted, That said registrars shall enter the names of such persons as register in his book of registration in alphabetical order, keeping separate lists of the white voters and separate lists of the colored voters. Books of registration. SEC. VI. Be it further enacted, That on the fifteenth day of September in each year in which they are required to make registration of the voters, the registrars shall close their work of registration, and by the twentieth day of September thereafter they shall file with the Ordinary of said county the original books of registration. Registration books shall close on September 15th. SEC. VII. 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 such 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 district. When said election is over said Justice of the Peace or managers of elections shall return said lists to the Ordinary of said county, to be preserved by him for the inspection of the Grand Jury until the elections thereafter, when the same course shall be pursued with said lists. Lists of registered voters must be furnished managers of elections SEC. VIII. 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. Challenged voters. SEC. IX. Be it further enacted, That the registrars shall receive five cents per capita for each and every person registered by them for their services in this connection, to be paid out of the general funds of said county upon the order of the Ordinary, and the Ordinary of said county one cent. per capita. Registration fees. SEC. X. Be it further enacted, That nothing herein contained shall apply to any person or persons arriving at the age of twenty-one years after the books of registration shall have been closed and before the election at which he offers to vote; Provided further, that he is otherwise qualified to vote under the laws of this State. Those who arrive at the age of 21 before election etc. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1889.

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REGISTRATION LAW FOR FULTON COUNTY. No. 231. An Act to authorize and require the registration of all voters in the county of Fulton, in this State, and to provide methods of such registration, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Tax Collector of the county of Fulton shall be, by virtue of his office, the registrar of said county, and in addition to his oath as Tax Collector he shall take an oath before the Ordinary of Fulton county to faithfully discharge the duties imposed by this Act. It shall be the duty of such registrar to register all persons paying their tax, who are legally qualified to vote, in the following manner: Said registrar shall stamp or write the word Registered upon the tax receipt of the person registering, and also upon the stub in his book of tax receipts, and he shall record the name of the person registering, together with his color, district and voting precinct in Fulton county, if outside the corporate limits of the city of Atlanta, and if within the corporate limits of the city of Atlanta, his residence and ward and voting precinct, in a book, or books, provided for the purpose, at the time the tax is paid. His book for registering shall be closed fifteen days before each election. All persons voting shall vote in the district in which they reside, except those who live within the corporate limits of the city of Atlanta, and they shall vote in the ward precincts for which they are registered. All applications to register must be in person, and no person shall be registered unless he is a citizen of the United States and has resided in the State of Georgia one year preceding the next coming election, and has resided in Fulton county six months, and is twenty-one years of age, or will be before said election, and has paid all taxes which since the adoption of the Constitution of 1877 have been required of him and which he has had an opportunity to pay, except for the year of the election. It shall be the duty of the registrar, immediately upon the close of his books, to make out alphabetical lists of the registered voters for each district of said county and for each ward precinct in the city of Atlanta, and deliver the same to the Ordinary of Fulton county within ten days after the close of the registration books. Tax collector made registrar. His duties. Manner prescribed for registering names of voters. Who are qualified to register. Lists of voters must be furnished Ordinary.

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SEC. II. Be it further enacted, That any person who is legally qualified to vote, and has no property, and is over sixty years of age, may apply to the registrar, and if required, shall make oath to the fact and receive certificate of registration within the prescribed time; and also any person who is legally qualified to vote, and has no property, and is otherwise exempt from poll tax by laws of this State now in force or that may hereafter be enacted, may apply to the registrar of Fulton county within the prescribed time, and if required shall make affidavit, showing their exemption from poll tax, and receive their certificate of registration. In all cases where affidavit is required, the registrar is authorized to administer the proper oath; the affiant shall subscribe same in his presence and the registrar shall keep such oaths on file in his office subject to the inspection of the Grand Jury of Fulton county. Voters over sixty or without property may register. Oath SEC. III. Be it further enacted, That should any person fail to pay his tax and register before the close of the books of the Tax Collector for the collection of tax, an execution shall issue against such person for his tax and be turned over to the Sheriff for collection; such person shall have the right to pay off such execution, and on payment of the same he shall present the receipt given him by the Sheriff to the registrar to be properly stamped, registered, and his name shall be entered regularly as a registered voter; Provided, the same shall be done fifteen days before any election. Parties against whom executions are issued may register by paying off execution. SEC. IV. Be it further enacted, That the registrar shall give reasonable notice by publication of the time of the closing of the registration books of Fulton county under the provisions of this Act. Notice of time of closing books. SEC. V. Be it further enacted, That any person voting at any one of said elections without having been registered as aforesaid, or who shall vote in the name of some person appearing on said lists other than his own name, shall be punished as is prescribed in section 4310 of the Code of 1882. Penalty for illegal voting. SEC. VI. Be it further enacted, That in case the registrar shall refuse to allow any person to register offering to register entitled to register under the provisions of this Act, he shall be punished as is prescribed in section 4310 of the Code of 1882. Penalty for refusing voters right to register. SEC. VII. Be it further enacted, That in case the registrar shall fail or refuse to turn over the lists of registered voters to the Ordinary as provided by this Act, he shall forfeit the amount of money due him for the work, and be subject to be punished as is prescribed in section 4310 of the Code of 1882. Failing to turn over lists, etc.

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SEC. VIII. Be it further enacted, That said registrar shall receive the sum of ten cents for each registration certificate issued by him, or each person registered by him, until the amount of said registration fees shall reach the sum of one thousand dollars, and in no event shall the registrar receive more than the sum of one thousand dollars per annum for his service as registrar of the county of Fulton. Registrar's fees. SEC. IX. Be it further enacted, That the Ordinary of Fulton county shall have the alphabetical lists of registered voters of Fulton county, turned over to him by the registrar under this Act, correctly printed in suitable form, arranged by voting precincts, separate lists for each precinct, and shall keep the original list of file in his office for future reference, and shall have as many copies printed as are necessary to enable him to comply with the provisions of this Act. Ordinary must have list of registered voters printed. SEC. X. Be it further enacted, That the Ordinary of Fulton county shall send out, with the ballot-boxes and other election stationery, three printed lists, alphabetically arranged, of the voters of the respective precincts, directed to the managers of the election at that precinct, for every election held there, and he shall also send fifty additional copies of such lists of voters to the respective precincts for the use of the public at each election. Lists must be furnished managers of elections. SEC. XI. Be it further enacted, That the Commissioners of Roads and Revenues of Fulton county are hereby authorized and required to pay the registrar the fees or the sum of money due him for registration of voters, as set forth in this Act, out of any moneys belonging to Fulton county. How registrar's fees are paid. SEC. XII. Be it further enacted, That the Commissioners of Roads and Revenues of Fulton county are hereby authorized and required to pay the Ordinary the sum of two hundred dollars per annum for his services in compiling such registration, and shall also pay him the expenses of printing such registration lists out of any moneys belonging to Fulton county. Compensation of Ordinary. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 28, 1889.

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REGISTRATION LAW FOR WARREN COUNTY. No. 303. An Act to require and provide for the registration of all voters in the county of Warren, and to provide for carrying the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Tax Collector of the county of Warren shall be by virtue of his office Registrar for said county, and shall take an oath faithfully to discharge the duties imposed by this Act. It shall be his duty as such Registrar to register all persons applying who are legally qualified to vote in the following manner: Said registrar shall stamp or write the word registered both upon the tax receipt of the person registering and also upon the stub in his book of tax receipts, together with the date of registration, and the year and election for which said person is registered. His book for registering shall be closed twenty 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 the county site in the 425th District, G. M. 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 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 unless the said Registrar has evidence that said taxes have not been paid, or otherwise disqualified. It shall be the duty of said Registrar immediately on the closing of his books to make out alphabetical lists of the registered voters for each militia district of the county, and turn the same over to the Commissioners of Roads and Revenues. Tax collector made registrar. His duties. Proviso as to voting place. Who are allowed to register. Lists of registered voters. SEC. II. Be it further enacted by authority of the same, That the said Board of Commissioners of Roads and Revenues shall cause to be printed said alphabetical lists of said voters so registered, and shall cause to be furnished to the managers of elections at each precinct, copies of the lists of registered voters of the district in which they sit, which list shall first be verified from the Registrars' lists before being turned over to said managers, and the said managers

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shall not allow or permit any person to vote at said election whose name does not appear on said lists, under all the pains and penalties prescribed by law for illegal voting; Provided further, in case there is no voting precinct in any of said districts, then such alphabetical list shall be furnished the managers holding said elections in the 425th District, 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 lists other than his own name, or otherwise violating the provisions of this Act, shall be punished as prescribed in section 4310 of the Code of 1882; Provided, that any person who presents his tax receipt with the word registered stamped or written on it by said Registrar shall be entitled to vote in the district in which he resides; Provided, there be a voting precinct, otherwise in the 425th District; Provided further, that said stamping or writing the word registered on the tax receipt is done on or before the time for closing the registration, and any and all parties engaged in the unlawful stamping or writing shall be subject to all the pains and penalties prescribed by law for illegal voting. Lists of registered voters must be furnished election managers. Proviso. Penalty for illegal voting. Proviso. SEC. III. Be it further enacted by authority aforesaid, That the compensation for the services to be thus done by said Registrar shall be two and one-half cents for each person registered, to be paid from the county treasury upon the order of the Commissioners of Roads and Revenues. Compensation of registrar. SEC. IV. Be it further enacted by authority aforesaid, That when two or more elections occur within sixty days of each other, in the same year, the registration list for the first shall be used for the succeeding elections; Provided, that registration books shall be kept open up to within twenty days before said election, and supplemental lists made out and used in the manner prescribed in this Act for the original registration. When two elections occur within a year. SEC. V. Be it further enacted, That the Commissioners of Roads and Revenues shall furnish to said Registrar a well-bound book in which the Registrar shall transcribe in alphabetical order the names of all registered voters and the militia district for which they registered, keeping the registry lists for each year separate, and it shall be the duty of said Registrar to deposit said books with said county authorities on or before the day of said elections. Registration book. SEC. VI. Be it further enacted by the authority of the same, That if at any time it shall be made to appear to the Board of Commissioners by the petition of one or more citizens that the Registrar has entered on the lists or issued certificates of registration to any person not entitled to vote, then the said board shall have authority,

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and it is hereby made the duty of the same, to cause a rule to be issued against the Registrar, calling upon him to show cause why said lists should not be corrected, the said Registrar and the person alleged to be illegally registered each to have five days' written notice of the hearing of said rule. If, upon the hearing, it should appear from the evidence offered that any person or persons are illegally registered, the Board of Commissioners shall order the names of such illegally registered persons to be stricken from the lists, specifying the names of said illegally registered persons, and such persons shall not be allowed to vote unless he shall, upon a new application to register, remove the disqualification which has been adjudged against him. The registration of votes shall not be conclusive evidence of the right of the person registered, but the right of contest shall apply to all of the elections herein provided for. When registrar enters name on registration list illegally. SEC. VII. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved September 19, 1889. REGISTRATION LAW FOR BRYAN COUNTY. No. 316. An Act to require and provide for the registration of all voters in the county of Bryan, and to provide for the carrying the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Tax Collector of the county of Bryan shall be, by virtue of his office, Registrar for said county, and shall take an oath faithfully to discharge the duties imposed by this Act. It shall be his duty as such Registrar to register all persons applying who are legally qualified to vote in the following manner: Said Registrar shall stamp or write the word registered both upon the tax receipt of the person registering and also upon the stub in his 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 militia district in which they reside and for which they are registered;

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Provided, there is a voting precinct established in said district; and if there is no such precinct, then at any precinct in the county. All applications to register shall be in person, and no person shall be registered unless he is a citizen of the United States and has resided in the State of Georgia one year and in said county six months next preceding the coming election, and is twenty-one years of age, or will become so before said election, and has paid all State and county taxes which have been due by him since the adoption of the Constitution of eighteen hundred and seventy-seven, except for the year of the election, of which fact the Registrar may require the applicant to make oath before him when he is not satisfied as to the qualifications of said voter. It shall be the duty of 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. Tax collector made registrar. His duties. Time for closing books. Proviso. Who are qualified to register. Lists of registered voters. SEC. II. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues or the Ordinary, 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 voters of the district in which they sit, which list shall first be verified from the Registrar's list before being turned over to said managers, and the said managers shall not permit any person to vote at said election whose name does not appear on said lists, under all the pains and penalties prescribed by law for illegal voting; and any person voting at any of said elections without having been registered as aforesaid, or who shall vote in the name of some other person whose name appears 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 peason who presents his tax receipt with the word registered stamped or written on it by said Registrar, shall be entitled to vote in the district of his residence, although his name does not appear on the list in the hands of the managers of said election; Provided, however, that if the said stamping or writing or the word registered upon the tax receipt has been done after the time for closing the registration, said vote shall be illegal, and the voter and any and all parties concerned in the unlawful stamping and writing shall be subject to all the pains and penalties prescribed by law for illegal voting. Ordinary or commissioners required to have lists printed and furnished to managers of elections Proviso. Proviso for illegal stamping on tax receipt.

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SEC. III. Be it further enacted by authority aforesaid, That the amount of compensation for the services to be thus done by said Registrar shall be two cents for each person registered, to be paid from the county treasury on the order of the Commissioners of Roads and Revenue or Ordinary, as the case may be. Compensation of registrar. SEC. IV. Be it further enacted by the authority aforesaid, That when two or more elections occur within sixty days of each other, in the same year, the registration list of the first shall be used for the succeeding elections; Provided, that the Registrar's books shall be kept open up to within ten days before said election and supplemental lists made out and used in the manner prescribed in this Act for the original registration. When two elections occur within sixty days of each other. SEC. V. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenue, or the Ordinary, as the case may be, shall furnish to said Registrar a well-bound book, in which the Registrar shall transcribe in alphabetical order, the names of all registered voters and the militia districts for which they have registered, keeping the registry lists of each year separate; and it shall be the duty of said Registrar to deposit said book with said county authorities on or before the day of said election. Names of all registered voters must be kept in book. SEC. VI. Be it further enacted by the authority aforesaid, That if, at any time, it shall be made to appear to the Board of Commissioners, or in case there is no board then to the Ordinary of the county by the petition of one or more citizens that the Registrar has entered on the lists or issued certificates of registration to any person not entitled to vote, then the said Board of Commissioners, or Ordinary, as the case may be, shall have authority, and it is hereby made the duty of the same to cause a rule to be issued against the Registrar, calling upon him to show cause why said lists should not be corrected, the said Registrar and the person alleged to be illegally registered each to have five days' written notice of the hearing of said rule. If, upon the hearing, it should appear from the evidence offered, that any persons are illegally registered, the Board of Commissioners, or Ordinary, shall order the names of such illegally registered persons to be stricken from the lists, specifying the names of said illegally registered persons, and such persons shall not be allowed to vote unless he shall, upon a new application to register, remove the disqualification which has been adjudged against him. The registration of voters shall not be conclusive evidence of the right of the person registered, but the right of contest shall apply to all of the elections herein provided for. Where names are illegally entered on registration lists. May be stricken off SEC. VII. Be it further enacted by the authority aforesaid, That

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all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889. REGISTRATION LAW FOR BULLOCH COUNTY. No. 400. An Act to require and provide for the registration of all the voters in the county of Bulloch, and to provide for carrying the same into effect, and to prescribe a punishment for illegal voting. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Tax Collector of the county of Bulloch shall be, by virtue of his office, Registrar of said county, and shall take an oath faithfully to discharge the duties imposed by this Act. It shall be his duty as such Registrar to register all persons applying, who are legally qualified to vote, in the following manner: The Registrar 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, further, that any person desiring to vote at any other district than that of his own in said county of Bulloch, may do so by producing his registered receipt. 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 has paid all State and county taxes which have been due by him, except for the year of the election, of which fact the Registrar may require the applicant to make oath before him when he is not satisfied as to the qualifications of said voter. It shall be the duty of 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 Ordinary of said county. Tax collector made registrar. His duties. Proviso as to place of voting. Who are qualified to register. Lists of registered voters. SEC. II. Be it further enacted by the authority of the same, That the Ordinary shall cause to be printed said alphabetical lists of said

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voters so registered, and shall furnish the managers of elections at each precinct copies of the lists of registered voters of the district in which they sit, which lists shall be first verified from the Registrar's list before being turned over to said managers, and the said managers shall not permit any person to vote at said election whose name does not appear on said lists, under all the pains and penalties prescribed by law for illegal voting; and any person voting at any of said elections without having been registered as aforesaid, or who shall vote in the name of some other person appearing on said list other than his own name, or otherwise violating the provisions of this Act, shall be punished as prescribed in section 4310 of the Code of 1882; Provided, that any person who presents his tax receipt with the word registered stamped or written on it by said Registrar shall be entitled to vote, although his name does not appear on the list in the hands of the managers of said election; Provided, however, that if the said stamping or writing of the word registered upon the tax receipt has been done after the time for closing the registration, said vote shall be illegal, and the voter and any and all parties concerned in the unlawful stamping and writing shall be subject to all the pains and penalties prescribed by law for illegal voting. Ordinary required to furnish lists of voters to managers of elections Penalty for illegal voting. SEC. III. Be it further enacted by authority aforesaid, That the amount of compensation for the services to be thus done by said Registrar shall be two and one-half cents for each person registering, to be paid from the county treasury on the order of the Ordinary. Compensation of registrars. SEC. IV. Be it further enacted by the authority aforesaid, That when two or more elections occur within sixty days of each other in the same year, the registration for the first shall be used for the succeeding election; Provided, that the Registrar's book shall be kept open up to within ten days before said election, and supplemented lists made out and used in the manner prescribed in this Act for the original registration. When two elections occur within sixty days of each other same list may be used. SEC. V. Be it further enacted, That the Ordinary shall furnish to said Registrar a well-bound book in which the Registrar shall transcribe in alphabetical order the names of all registered voters and the militia district for which they have registered, keeping the registry lists for each year separate; and it shall be the duty of said Registrar to deposit said book with the Ordinary on or before the day of said election. List of registered voters must be kept in book. SEC. VI. Be it further enacted by the authority of the same, That if at any time it shall be made to appear to the Ordinary of the county of Bulloch by the petition of one or more citizens that

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the Registrar has entered on the list, or issued certificates of registration to any person not entitled to vote, then it is the duty of the Ordinary to cause a rule to be issued against the Registrar, calling upon him to show cause why said lists should not be corrected, the said Registrar and the person alleged to be illegally registered each to have five days written notice of the hearing of said rule; if upon the hearing it should appear from the evidence offered that any persons are illegally registered, the Ordinary shall order the names of such illegally registered persons stricken from the lists, specifying the names of said illegally registered persons; and such person shall not be allowed to vote unless he shall, upon a new application to register, remove the disqualification which has been adjudged against him. The registration of voters shall not be conclusive evidence of the right of the person registered, but the right of contest shall apply to all of the elections herein provided for. When registrar illegally enters names on registration lists. May be stricken from lists. SEC. VII. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. REGISTRATION LAW FOR McINTOSH COUNTY. No. 429. An Act to require the registration of voters in McIntosh county; to provide for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, no person shall have the right or be allowed to vote at any election in McIntosh county for any officer who shall not have registered before attempting to vote according to the provisions of this Act in the registration list last closed before such election. No person allowed to vote who has not registered. SEC. II. Be it further enacted by the authority aforesaid, That the Grand Jury of said county shall, at the May term of the McIntosh Superior Court of each year, appoint or elect a Registrar for said county, fixing at the same time his compensation, which shall be a per diem and not a per capita compensation, who shall open a list at the court house for the registration of votes, from 8 a. m. until 6 p. m. on each and every Monday during the month of June, when it shall be finally and absolutely closed. Registrar. How appointed. His duties.

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SEC. III. Be it further enacted, That it shall be the duty of said Registrar, upon the application in person of any person entitled to vote within the time prescribed for the list to be kept open, to register the name of such person, expressing in such registry his name, age, occupation or business, and the place of residence in said county, which shall be entered on said list opposite the name of each applicant. No person shall be entitled to register who is not at the time a citizen of said county by residence and qualified under the law to vote for members of the General Assembly; and it shall be the duty of said Registrar to refuse registration to all persons not entitled to register under the provisions of this Act. Duties of the registrar. Who are entitled to register. SEC. IV. Be it further enacted, That it shall be the duty of said Registrar to arrange and publish a list of the names so registered in alphabetical order, in any paper published in said county, once immediately after the close of said list and once in the last issue of said paper in the month of September; but in such list it shall not be necessary for said Registrar to publish the age, business or place of residence of such voter. List of registered voters. SEC. V. Be it further enacted, That it shall be the duty of said Registrar to furnish to the managers at all elections at the several precincts in said county, at or before the opening of the polls on the day of election, a complete list of all the names, arranged in alphabetical order, which shall have been registered according to the foregoing provisions, certified under the hand of said Registrar, which list shall be kept before the managers during said election, who shall refuse to allow any person to vote who is not registered thereon; and when said election is over deposited in the office of the Clerk of the Superior Court of said county, to be safely kept by him. Lists of registered voters must be furnished managers of elections. SEC. VI. Be it further enacted, That any person voting at any election in said county without having registered as hereinbefore required, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code. Penalty for illegal voting. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 23, 1889.

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REGISTRATION LAW FOR TALIAFERRO COUNTY. No. 437. An Act to require and provide for the registration of voters in the county of Taliaferro, and to provide for carrying the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Tax Collector of the county of Taliaferro shall be by virtue of his office Registrar for said county, and shall take an oath faithfully to discharge the duties imposed by this Act. It shall be his duty as such Registrar to register all persons applying who are legally qualified to vote, in the following manner: Said Registrar shall stamp or write the word registered both upon the tax receipt of the person registering and also upon the stub in his book of tax receipts, together with the date of registration, and the year and election for which said person is registered. His book for registering shall be closed ten days before each election. All persons voting shall vote in the district in which they reside and for which they are registered; Provided, there is a voting precinct established in said district, and if there is no such precinct, then at any precinct in the county. All applications to register shall be in person, and no person shall be registered unless he is a citizen of the United States and has resided in the State of Georgia one year, in said county six months next preceding the coming election, and is twenty-one years of age, or will become so before said election, and has paid all State and county taxes which have been due by him, except for the year of the election, of which fact the Registrar may require the applicant to make oath before him, when he is not satisfied as to the qualifications of said voter. It shall be the duty of said Registrar immediately on the closing of his book to make out an alphabetical list of the registered voters for each militia district in his county, and turn the same over to the Board of Commissioners of Roads and Revenue of said county. Tax Collector made registrar. His duties. Proviso as to voting places. Who are qualified to register. List of registered voters must be furnished county commissioners. SEC. II. Be it further enacted by authority of the same, That the said Board of Commissioners of Roads and Revenue 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 voters of the district in which they sit, which list shall be first verified from the Registrar's list

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before being turned over to said managers, and the said managers shall not permit any person to vote at said election whose name does not appear on said list, except persons who have become twenty-one years of age since the closing of the Registrar's book, 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, except 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 receipts with the word registered stamped or written on it by said Registrar, shall be entitled to vote in the district of his residence, although his name does not appear on the lists in the hands of the managers of said election; Provided, however, that if the said stamping or writing of the word registered upon the tax receipt has been done after the time for closing the registration, said votes 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. Printed lists of registered voters must be furnished managers of elections. Proviso as to tax receipt being illegally stamped. SEC. III. Be it further enacted by authority aforesaid, That the amount of compensation for the services thus to be done by said Registrar shall be three cents for each person registered, to be paid from the county treasury on the order of the Commissioner of Roads and Revenue. Compensation of registrar. SEC. IV. Be it further enacted by the authority aforesaid, That when two or more elections occur within sixty days of each other, in the same year, the registration list for the first shall be used for the succeeding election; Provided, That the Registrar's books shall be kept open up to within ten days before each election, and supplemental lists made out and used in the manner prescribed in this Act for the original registration. When two elections occur within sixty days. SEC. V. Be it further enacted, That the Commissioners of Roads and Revenue shall furnish to said Registrar a well-bound book, in which the Registrar shall transcribe in alphabetical order, the names of all registered voters and the militia district for which they have registered, keeping the registry lists for each year separate; and it shall be the duty of said Registrar to deposit said book with said county authorities on or before the day of said election. List of voters must be kept in book. SEC. VI. Be it further enacted by authority of the same, That if, at any time, it shall be made to appear to the Board of Commissioners of Roads and Revenue by the petition of one or more citizens, that the Registrar has entered on the list, or issued certificates

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of registration to any person not entitled to vote, then the said board shall have authority, and it is hereby made the duty of the same, to cause a rule to be issued against the Registrar, calling upon him to show cause why said lists should not be corrected, the said Registrar and the person or persons alleged to be illegally registered, each to have five days' written notice of the hearing of said rule. If, upon the hearing, it shall appear from the evidence offered, that any person or persons are illegally registered, the Board of Commissioners of Roads and Revenue shall order the name or names of such illegally registered person or persons to be stricken from the lists, specifying the name or names of such illegally registered person or persons, and such person or persons shall not be allowed to vote unless he shall, upon a new application to register, remove the disqualification which has been adjudged against him or them. The registration of voters shall not be conclusive evidence of the right of the person registered, but the right of contest shall apply to all of the elections herein provided for. When registrar issues illegal certificates of registration. Name of illegally registered person may be stricken. SEC. VII. Be it further enacted, That all laws in conflict herewith be repealed. Approved October 24, 1889. REGISTRATION LAW FOR JASPER COUNTY. No. 496. An Act to authorize and require the registration of all voters in the county of Jasper of this State, and provide methods of such registration, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Tax Collector of the county of Jasper shall be, by virtue of his office, the Registrar of said county, and in addition to his oath as Tax Collector, he shall take an oath before the Ordinary of Jasper county to faithfully discharge the duties imposed by this Act. It shall be the duty of such Registrar to register all persons paying their tax, who are legally qualified to vote in the following manner: Said Registrar shall stamp or write the word registered upon the tax receipt of the person registering, and also upon the stub in his book of tax receipts, and he shall record the name of the person registering, together

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with his color, district, and voting precinct in Jasper county, in a book or books provided for the purpose, at the time the tax is paid. His book for registration shall be closed ten days before each election. All persons voting shall vote in the district in in which they register. All applications to register must be in person, and no person shall be registered unless he is a citizen of the United States and has resided in the State of Georgia one year preceding the next coming election, and has resided in Jasper county six months and is twenty-one years old or will be before said election, and has paid all taxes which, since the adoption of the Constitution of 1877, have been required of him, and which he has had an opportunity of paying, except for the year of the election. It shall be the duty of the Registrar immediately upon the close of his books, to make out alphabetical lists of the registered voters for each district for said county, and deliver the same to the Ordinary of Jasper county within five days after the close of the registration books. Tax collector made registrar. His duties. Time of closing books of registration. Who are qualified to register. Registration lists. SEC. II. Be it further enacted, That any person who is legally qualified to vote, and has no property, and is over sixty years of age, may apply to the Registrar, and if required shall make oath to the fact, and receive a certificate of registration within the prescribed time. And also, any person who is legally qualified to vote and has no property, and is otherwise exempt from poll tax by laws of this State now in force or that may be hereafter enacted, may apply to the Registrar of Jasper county with the prescribed time, and if required shall make affidavit showing their exemption from poll tax, and receive their certificate of registration. In all cases where affidavit is required, the Registrar is authorized to administer the proper oath, the affiant shall subscribe same in his presence, and the Registrar shall keep such oath on file in his office, subject to the inspection of the Grand Jury of Jasper county. Voters exempt from taxation may register. Oath to be administered to voters. SEC. III. Be it further enacted, That should any person fail to pay his tax and register before the close of the books of the Tax Collector for the collection of tax, an execution shall issue against such person for his tax, and be turned over to the Sheriff for collection; such person shall have the right to pay off such execution, and on payment of the same he shall present the receipt given him by the Sheriff to the Registrar to be properly stamped registered, and his name shall be entered regularly as a registered voter; Provided, the same shall be done ten days before any election. Persons against whom executions have been issued may register by paying taxes. SEC. IV. Be if further enacted, That the Registrar shall give reasonable notice by publication of the time of the closing of the registration books of Jasper county under the provisions of this Act. Time of closing book must be published.

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SEC. V. Be it further enacted, That any person voting at any one of said elections without having been registered as aforesaid, or who shall vote in the name of some person appearing on said list, other than his own name, shall be punished as is prescribed in section 4310 of the Code of 1882. Illegal voting. SEC. VI. Be it further enacted, That in case the Registrar shall refuse to allow any person to register, offering to register, entitled to register under the provisions of this Act, he shall be punished as is prescribed in section 4310 of the Code of 1882. Penalty for refusing to register voters. SEC. VII. Be it further enacted, That in case the Registrar shall fail or refuse to turn over the lists of registered voters to the Ordinary, as provided by this Act, he shall forfeit the amount of money due him for the work, and be subject to be punished as is prescribed in section 4310 of the Code of 1882. Failing to turn over lists to Ordinary, etc. SEC. VIII. Be it further enacted, That said Registrar shall receive the sum of five cents for each registration certificate issued by him, or each person registered by him, until the amount of said registration fees shall reach the sum of one hundred dollars, and in no event shall the Registrar receive mroe than the sum of one hundred dollars per annum for his service as Registrar of the county of Jasper. Compensation of the registrar. SEC. IX. Be it further enacted, That the Ordinary of Jasper county shall have the alphabetical lists of registered voters of Jasper county, turned over to him by the Registrar under this Act, correctly printed in suitable form, arranged by voting precincts, separate list for each voting precinct, and shall keep the original list of file in his office for future reference, and shall have as many copies printed as are necessary to enable him to comply with the provisions of this Act. Alphabetical lists must be furnished Ordinary. SEC. X. Be it further enacted, That the Ordinary of Jasper county shall send out, with election stationery and blanks, three printed lists, alphabetically arranged, of the voters of the respective precincts, directed to the managers of the election at that precinct, for every election held there, and he shall also send twenty additional copies of such lists of voters to the respective precincts for the use of the public at each election. Lists of registered voters must be furhished managers of elections. SEC. XI. Be it further enacted, That the Commissioners of Roads and Revenues of Jasper county are hereby authorized and required to pay the Registrar the fees or the sum of money due him for registration of voters, as set forth in this Act, out of any moneys belonging to Jasper county. How registrar's fees are paid. SEC. XII. Be it further enacted, The Commissioners of Roads and Revenues of Jasper county are hereby authorized and required

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to pay the expenses of printing said registration lists out of any moneys belonging to Jasper county. Contingent expenses. SEC. XIII. Be it further enacted, That the following places shall be established as voting precincts or polling places, and assigned to the several militia districts as follows: Monticello, to Nos. 295 and 379; Concord, to No. 294; Eudora, to Nos. 297 and 380; Gladesville, to Nos. 373 and 364; Hillsboro, to Nos. 293 and 365; Mechanicsville, to Nos. 296 and 905; Shady Dale, to Nos. 363 and 291, and a portion of 288, east of Murder Creek; Smithsboro, 289 and 262, and a portion of 288, west of Murder Creek; Wyatt's, to Nos. 290 and 292; and that every voter residing in the militia district as above shall vote only at the precincts designated for those districts. Voting precints of militia districts. 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 October 29, 1889. REGISTRATION LAW FOR PULASKI COUNTY. No. 509. An Act to require and provide for the registration of all voters in the county of Pulaski, and to provide for carrying the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Tax Collector of the county of Pulaski shall be, by virtue of his office, Registrar of voters in and for said county, and shall take an oath faithfully to discharge the duties imposed by this Act. It shall be his duty as such Registrar, by or before the fifteenth day of December in each and every year, to register all persons in said county who are legally entitled to vote and who make application for registration as voters in all elections to be held in said county within the next ensuing year, in the following manner, to-wit: Said Registrar shall write or stamp the words, registered for all elections in the year 18, with the date of registration and name of Registrar both on the tax receipts and upon the stubs in their books of tax receipts, the blank in the year to be filled out with the figures representing the year in which said registered voters are qualified to vote. That the Commissioners of

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Roads and Revenue of said county shall furnish to said Registrar a well bound book, in which said Registrar shall transcribe, in alphabetical order, the names of all registered voters in said county, white and colored voters being kept separate, and each in the militia district in which he resides, and so soon as said book is completed, to deposit the same in the office of said County Commissioners, to be there kept subject to public inspection at all times during office hours as other public records of said county. Tax Collector made registrar. His duties. Manner of registering voters. List of registered voters must be kept in book. SEC. II. Be it further enacted, That all persons voting at elections to be held hereafter in said county shall vote in the Militia District in which they reside and for which they were registered; Provided, there is a voting precinct established in said district; and if there is no such precinct, then at one of the precincts of the district next adjoining the district in which he resides, or at the court house in said county; that no person shall be entitled to vote at any election to be held in said county unless he shall have registered as required by this Act; and any person who shall hereafter vote at any election held in said county without being registered as herein required, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Where to vote. Proviso. Penalty for illegal voting. SEC. III. Be it further enacted, That the Board of Commissioners of Roads and Revenue of said county shall cause to be printed said alphabetical lists of said voters so registered, and shall cause to be furnished to the managers of elections at each precinct in said county two copies of the list of the registered voters for the district in which said precinct is situated; and said managers shall not permit any person to vote at any election held by them whose name does not appear on said registration lists. Printed lists required for managers of elections. SEC. IV. Be it further enacted, That the registration of voters as herein provided for shall not be conclusive evidence of the right of the person registered to vote, but the right to contest shall apply, and may be resorted to, as in all elections under existing laws. Right to contest elections. SEC. V. Be it further enacted, That any person who, on account of age, and having no property, or from other cause, is tax free, and whose name does not appear upon the tax books, and who is otherwise entitled to vote, shall, upon application to the Registrar, be entitled to have his name entered on said registration lists and receive from said Registrar a certificate of registration, which will entitle him to all the privileges of other registered voters. Voters who are tax free may register. SEC. VI. Be it further enacted, That if any person shall, between the times of registration, from having moved into the county, or having attained his majority, becomes entitled to vote, and any

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person who is entitled to registration, and from providential cause is not registered, may make application for registration to the Board of Commissioners of Roads and Revenue of said county, and upon its being made to fully appear that said applicant is entitled to registration under this Act, said Board of Commissioners shall direct and order that the name of said applicant be entered in the proper place on said registration lists; Provided, that no application for registration under this section shall be made or acted on within five days next preceding any election day. Persons becoming of age between the time of registration, etc. Proviso. SEC. VII. Be it further enacted, That if at any time it shall be made to appear to the Board of Commissioners of Roads and Revenue of said county, by petition of one or more citizens, that there is entered upon said registration lists the name of any person who is not entitled to registration, then the said Board of Commissioners shall have authority, and it is hereby made the duty of the same, to cause a rule to be issued against both the Registrar and the person alleged to be illegally registered, calling upon them to show cause at a certain time and place, in said rule specified, why said registration list should not be contested; a copy of which rule must be served upon the parties against whom it is issued by the Sheriff or any bailiff of said county at least five days before the time set for the hearing of the same. If, upon the hearing, it shall appear that said registration is illegal the Board of Commissioners shall order the name of such illegally registered person to be stricken from said registration lists. When name is entered on registration list illegally same may be contested. SEC. VIII. Be it further enacted, That persons who have been refused registration or whose names have been stricken from the lists for cause shown, may, at any time when the registration books are open, make a new application, and, upon showing that the cause of disqualification is removed, may he registered as a qualified voter. Disqualified voters may make new application. SEC. IX. Be it further enacted, That the amount of compensation for the services to be rendered by the Registrar under this Act shall be two and one-half cents for each person registered, to be paid from the county treasury on the order of the Commissioners of Roads and Revenue of said county. Compensation of registrar. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889.

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REGISTRATION LAW FOR POLK COUNTY. No. 510. An Act to provide for the registration of the qualified voters of Polk county; to provide who shall be entitled to vote at elections hereafter to be held in said county, by complying with the provisions of this Act, and to provide penalties for the violation of the same, and for other purposes herein contained. SECTION I. Be it enacted by the General Assembly of Georgia, That at any time after the first day of April, 1890, and before the first day of September, 1890, and between the same dates every two years thereafter, the Commissioners of Roads and Revenue of Polk county shall cause to be opened books of registration for the qualified voters of said county of Polk, and shall by publication in one of the newspapers published in said county, or by posting a written or printed notice at one or more public places in each militia district of said county, give ten days' notice of the day on which said books of registration shall be opened, and said notice shall also specify the day on which said books of registration will be closed. Time for opening books of registration. Notice of opening and closing SEC. II. Be it further enacted, That the Tax Collector and the Tax Receiver of Polk county shall be Registrars, and the Commissioners of Roads and Revenue may, in their discretion, appoint any number of Assistant Registrars, and each of said Registrars and Assistant Registrars shall, before entering upon the discharge of his duties, take an oath faithfully and impartially to discharge the duties imposed by this Act. Any one of said Commissioners is hereby authorized to administer said oath. Tax collector and tax receiver made registrars. SEC. III. Be it further enacted, That every application for registration under this Act shall be made in person to one of the Registrars or Assistant Registrars, and every male citizen of the United States (except as otherwise provided by law) who will have attained the age of twenty-one years, and will have resided in this State one year and in the county of Polk six months next preceding the general election to be held in October of each year, and who shall have paid all taxes due the State or county from the date of the adoption of the present Constitution to the date of the application for registration, which he may have had an opportunity of paying, agreeable to law, except for the year in which the registration is being had, shall be entitled to register. Who are qualified to register.

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SEC. IV. Be it further enacted, That the said registration shall be under the supervision and control of the Commissioners of Roads and Revenue for Polk county. Said Commissioners shall have power at any time to discharge any one or all of the Assistant Registrars, and to appoint new ones; to prescribe at what times and places in said county the Registrars or Assistant Registrars shall attend; to prescribe the forms of the book or books to be used, and generally to make all rules and regulations for such registration, not inconsistent with this Act and with the Constitution and laws of this State. Registration under supervision of board of commissioners. SEC. V. Be it further enacted, That if any Registrar or assistant Registrar is in doubt as to the right of an applicant to register said Registrar or Assistant Registrar shall have the power, and it shall be his duty, to administer to the applicant the following oath, which oath shall be subscribed by the party taking the same: I do swear (or affirm) that I will be twenty-one years of age; will have resided in this State one year and the county of Polk six months next preceding the next ensuing election, and have paid all taxes due by me since the adoption of the present Constitution of this State except for the present year; and any such oath shall be returned by the Registrar to the Clerk of said Commissioners. Oath to be administered to voters. SEC. VI. Be it further enacted, That said books of registration shall be closed ten days before the general election to be held in October, and immediately thereafter the Registrars and their assistants shall arrange the names of the persons registered alphabetically by districts, separating the white from the colored polls, and shall then certify the same to be a true, full and correct list of the persons who have registered, and shall turn over said list and the books of registration to the said commissioners, and said commissioners shall cause to be furnished to the managers of each election precinct in said county printed lists of said registered voters. Time of closing books of registration. Managers of elections furnished with lists. SEC. VII. Be it further enacted, That no person shall be entitled to vote at any election unless he shall have registered as required by this Act, and any person who has not registered and who shall vote at any election mentioned in this Act, shall, upon conviction, be punished as prescribed in section 4310 of the Code of Georgia. Penalty for illegal voting. SEC. VIII. Be it further enacted, That registration of the qualified voters of Polk county shall be had every two years, closing ten days before each general October election, and all of the provisions of this Act shall apply to each subsequent registration thereunder,

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and with the qualifications hereinafter provided; no person except such as have registered shall be entitled to vote at any election, general or special, for electors for President and Vice-President of the United States, members of Congress, Governor, State House officers, members of the Legislature or county officers, to be voted for in said county within two years next after the close of any registration. Lists required every two years. Must register before voting. SEC. IX. Be it further enacted, That for the elections to be held in November of each year for Congressmen, and in January for county officers, and for any special elections, the said County Commissioners shall cause the last preceding registration list to be revised so as to include any person who may have become qualified to vote since the last preceding October election, and so as to exclude any who may have become disqualified, and when the lists are revised they shall be printed and furnished the managers of each said elections; and in making such revision said Registrars shall be governed by such rules as may be prescribed by said County Commissioners, and no person at any of said elections shall be entitled to vote unless his name appears on said registration list, or said revised list; and in order to carry out the provisions of this section, either the Tax Collector or Tax Receiver, as Registrars, may at any time after the close of any registration enter the name of any person upon application, who, since the books were closed, has arrived at the age of twenty-one years, or has become qualified to vote by reason of residence, under the Constitution and laws. List to be used in elections for Congressmen or special elections. Provision for voter arriving at age of 21. SEC. X. Be it further enacted, That the Tax Collector and Tax Receiver, and the assistant registrars, for the labor herein imposed, shall be paid such sum as may be fixed by the Commissioners of Roads and Revenue for said county, and said commissioners shall have the authority to draw their warrant on the County Treasurer of said county for such compensation, and for all other expenses connected with said registration. Compensation of registrar. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 29, 1889.

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REGISTRATION LAW FOR MITCHELL COUNTY. No. 533. An Act to provide for the registration of the qualified voters of Mitchell county, and to provide for carrying the same into effect, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the first day of September, 1890, it shall be unlawful for any person to vote in any election in the county of Mitchell without having registered in the manner as hereinafter provided. All voters required to register. SEC. II. Be it further enacted by the authority aforesaid, That the Tax Receiver of said county of Mitchell 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. Tax Receiver made registrar. Oath of office. SEC. III. Be it further enacted by the authority aforesaid, That it shall be the duty of the Tax Receiver of said county during the year of 1890, and biennially thereafter, or during each year that 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, the name of such person and the militia district in which he resides, but before entering said name he shall administer the following oath: I do swear that I reside in District, G. M., of Mitchell county; that I have attained the age of twenty-one years; that I am a citizen of the United States, and have resided 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 Mitchell 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. Duties of the registrar. Oath to be administered to persons registering. SEC. IV. Be it further enacted by the authority aforesaid, That it shall be the duty of the Ordinary to furnish said Registrar before he enters on his duties with a full and complete defaulters' list, and

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when any person whose name appears on the defaulters' list shall qualify by taking the oath hereinbefore prescribed, it shall be the duty of the Registrar to make a separate list in the registration book of said names under the heading, Persons on Defaulters List who have Qualified, and it shall be the duty of the Ordinary to present this list to the County Commissioners for investigation and comparison with the insolvent lists allowed Tax Collectors. Provision for registering defaulters. SEC. V. Be it further enacted by the authority aforesaid, 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 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 for illegal voting. SEC. VI. Be it further enacted by the authority aforesaid, That said Tax Receiver shall enter the names of such persons as register in his book of registration in alphabetical order, keeping a separate list of the white voters and a separate list of the colored voters. Books of registration. SEC. VII. Be it further enacted by the authority aforesaid, That on the first day in 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. Time for closing registration books. SEC. VIII. Be it further enacted by the authority aforesaid, 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 lists to the Ordinary, to be preserved by him until the elections thereafter, when the same course shall be pursued with said lists. Lists of registered voters must be furnished managers of elections SEC. IX. Be it further enacted by the authority aforesaid, 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. Voters may be challenged. SEC. X. Be it further enacted by the authority aforesaid, 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.

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SEC. XI. Be it further enacted by the authority aforesaid, That nothing herein contained shall apply to any person or persons arriving at the age of twenty-one years after the book of registration has been closed, and before the election at which he officers to vote; Provided, he is otherwise qualified to vote under the laws of this State. Proviso as to voters just arrived at the age of 21. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889. REGISTRATION LAW FOR WILKINSON COUNTY. No. 577. An Act to provide for the registration of voters Wilkinson county, and as a substitute for and to repeal all previous registrations wherein the same were applicable to Wilkinson county. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, no person shall be permitted to vote at any general or special election held in Wilkinson county unless he shall produce to the managers of the election a certificate of registration, or show by the books of registration or otherwise, that he was duly registered, as provided by this Act, before offering to vote. All voters required to register. SEC. II. Be it further enacted, That the Justices of the Peace of each Militia District of said county shall be the Registrars, or in case of sickness, or of the absence of the Justice, or of a vacancy in the office of Justice, then the Notary Public of the district shall act as such Registrar. The Registrar shall be provided by the Commissioners' Court of Roads and Revenues of said county with suitable books and blank certificates at the county's expense, which books shall be known as the books of registration of said county. The Registrar shall not register the name of any person who does not reside in his militia district, nor any person who is not a qualified voter under the constitution and laws of this State, and no person shall be permitted to register unless he shall produce to the Registrar receipts or other satisfactory proof of the payment of all taxes chargeable against him that he has had an opportunity of paying, except for the year in which any election is to be

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held at which he will offer to vote. The compensation of the Registrar shall be two and a-half cents for each name registered, to be paid out of the county funds. Justices of the Peace made registrars. Who are qualified to register. Compensation of registrar. SEC. III. Be it further enacted, That the books of registration shall be opened for the registration of voters at each term of the Justice Court, to be held in each militia district in said county for three months prior to the time fixed for closing said books of registration. Said Registrars are authorized to register voters at any other time and place as he may see proper within the said time, so as to close his books at least fifteen days before each general election to be held in said county for members of the General Assembly. The Registrars shall give at least twenty days' notice, to be posted at the court house of his district and at other places as he may deem proper, of the day he will close his books for the registration of voters in his district. When books of registration shall be opened. Notice of closing. SEC. IV. Be it further enacted, That the first registration to be made under this Act shall be made in the year 1890, and every two years thereafter. First registration. SEC. V. Be it further enacted, That Registrars shall issue to each person registering within the time herein prescribed a certificate of his having registered the vote of any person holding such certificate, or who offers to vote at any election may be challenged as now provided by law, and the managers may throw out such vote, it being found illegal, as now provided by law. Certificate of registration. SEC. VI. Be it further enacted, That all persons voting at any election in said county provided by law shall vote in the district of his bona fide residence. Must vote in district of residence. SEC. VII. Be it further enacted, That it shall be the duty of the Registrars to return their books of registration to the Clerk of the Commissioners' Court of Roads and Revenues of said county the day following the day of closing thereof in their district, with their certificates following the names registered, that the same is correct and was made in their presence. Books of registration to be returned to Clerk of Commissioners. SEC. VIII. Be it further enacted, That it shall be the duty of the Commissioners' Court of Roads and Revenues to examine said books of registration carefully and if it shall be made to appear in any way that any one has been unlawfully registered, to issue a rule calling on such person or persons (stating the ground of the unlawful registering) to show cause why his name should not be stricken from said list of registered voters, and his certificate made void, which rule must be served on such person by some officer designated by said court personally, or by leaving a copy at his most notorious place of abode at least five days before the day of hearing. The

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compensation of such officer to be fixed by said court and paid out of the county funds. Name of voter illegally registered may be stricken from list. SEC. IX. Be it further enacted, That it shall be the further duty of said Commissioners' Court, on the return of said rule, to hear all legal evidence submitted to them; to dismiss the rule or sustain the charge, and strike the name or names from the list, as it may be seen right and proper, and said list has been corrected and verified; to cause their clerk to correct lists, arranged in alphabetical order, and certify to the same, and furnish to the managers of the election at each precinct on or by the opening of the polls of the election in the respective districts. Verified lists must be furnished managers of elections. SEC. X. Be it further enacted, That any Registrar who knowingly permits any man to register who is not entitled to register under the law, or such person or persons so registering unlawfully, shall be guilty of a misdemeanor, and on conviction shall be punished as provided in section 4310 of the Code of Georgia. Penalty for permitting illegal registration. SEC. XI. Be it further enacted, That all laws and parts of laws militating against the provisions of this Act, or that provide in any way for the registration of voters in Wilkinson county, be, and the same are hereby repealed. Approved November 7, 1889. REGISTRATION LAW FOR CLARKE COUNTY. No. 611. An Act to provide for the registration of voters in the county of Clarke, 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, no person shall be qualified to vote at any election, either general or special, hereafter held in the county of Clarke, whose name is not properly registered as hereinafter set forth. All voters required to register. SEC. II. Be it further enacted, That it shall be the duty of the Tax Collector of said county each year when he opens his books for the collection of taxes, to open at the same time a registration book in which he shall register, as they severally pay their taxes, in alphabetical order and by militia districts, the names of all persons qualified to vote in said county. If not satisfied of the qualification as a voter of any person, the Tax Collector shall, before registering

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his name, require of such person an oath of the facts showing such qualification, which oath he is hereby authorized to administer, and all persons so sworn shall be so designated on the list. The registration book shall in every case close ten (10) days before each election for which it shall be open, and for other elections occurring the same year. It shall be the duty of the Tax Collector to add only a supplemental list of the voters properly registering to the original list of voters for the first election held in each year. It shall be the duty of the Tax Collector, immediately upon the closing of the registration book ten (10) days befose each election, as above provided, to make out a registration list from such book, which he shall, for the purpose of verification, turn over to the Ordinary of said county, who shall verify said list from the registration book, and whose duty it shall be to furnish the managers of each election precinct in the county with at least three (3) copies of such list of voters, the same properly certified under his own official signature, and for which service and expense he shall be reimbursed as the Grand Jury may provide. Tax Collector made registrar. Oath may be required of voters. Time of closing books of registration. Ordinary required to furnish list of voters to managers of elections. SEC. III. Be it further enacted, That any person who, by arrival at majority, continuance of residence or otherwise, shall be qualified to vote at any election for which the registration book may be open, though not qualified at the time when such book is open, shall nevertheless be permitted to register by the Tax Collector under the same rules and regulations as govern the registration of persons qualified at the time. When voters arrive at the age of 21. SEC. IV. Be it further enacted, That it shall not be necessary for any person to be present in person when registered; Provided, the Tax Collector is satisfied of the legal qualification of such as a voter under the laws of this State. Not necessary to be present in person to register. SEC. V. Be it further enacted, That no voter shall be qualified to vote at any election precinct in said county except at the precinct of the district in which he may reside and for which he is registered, unless the polls are not open at any precinct, in which event the voter of such district shall be allowed to vote at the court house precinct of the county. Any registered voter removing from one district to another in the county, shall nevertheless be allowed to vote at the precinct of the district for which he is registered, notwithstanding the fact of his removal. Voters required to vote at precinct in which they reside. SEC. VI. Be it further enacted, That the fact of being registered as a voter shall be only prima facie evidence of the qualification of any person as such, and shall by no means be construed as exempting such person from challenge at the polls by the managers

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or others, nor from prosecution and punishment of illegal voting, if guilty of the same. Registered voters not exempt from challenge. SEC. VII. Be it further enacted, That the Tax Collector shall receive as compensation for the duties imposed upon him by this Act, such pay as the Grand Jury of the county may from time to time determine, to be paid out of the county treasury as other claims against the county. Compensation of registrar. SEC. VIII. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. AMENDING REGISTRATION LAW OF WARREN COUNTY. No. 665. An Act to amend the registration Act for the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, approved October 3, 1885, so far as the same applies to the county of Walton, so as to provide that there shall be but one registration in each year of the voters of said county of Walton; to allow the voters of said county to vote at any precinct in the county; to allow the voters of said Walton county in certain cases to register by proxy; to require the Registrar to furnish lists of registered voters to managers of elections in said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the above recited Act be so amended (so far as it applies to the county of Walton) that there shall be but one registration of voters in each year; said registration to take place at the regular time prescribed by law for collecting taxes; Provided, that nothing herein contained shall authorize the omission of a new registration of voters preceding any election hereafter to be held in said county under any local option law now passed or hereafter to be passed by the General Assembly. One registration a year. Proviso. SEC. II. Be it further enacted, That all registered and legal voters may vote at any voting precinct in said county of Walton. May vote at any precinct. SEC. III. Be it further enacted, That any voter in said county of Walton may register by proxy when the Registrar of his own

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knowledge is satisfied that said applicant for registration is a legally qualified voter. May register by proxy. SEC. IV. Be it further enacted, That the person or persons whose duty it is now to furnish lists of registered voters to the managers of elections at each precinct be also required to furnish in alphabetical order lists of all the registered voters of the county to the said managers. List of voters must be furnished managers. SEC. V. Be it further enacted, That the Registrar shall register all applicants who may move into said county of Walton or who may become of legal age after the time prescribed in this Act for registration; Provided, said applicants are in every way legally qualified for voting. For registering new citizens. SEC. VI. Be it further enacted, That all applications for registration shall be in person or by proxy, and the qualifications of applicants shall be as follows, to-wit: 1st. That he is of the age of twenty-one, or will be by the first election under this registration. 2d. That he has resided one year within the State and six months within the county of Walton next previous to the first election under this registration. Who are qualified to register. 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 November 12, 1889. REGISTRATION LAW FOR COFFEE COUNTY. No. 668. An Act to provide for the registration of the qualified voters of Coffee county, and to provide that the same shall be done before the Tax Receiver of said county; to prescribe his duty in this connection and fix his compensation; also to fix the time, place and manner of such registration; also to provide that no person shall be entitled to vote in any election to be held hereafter in said county of Coffee 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 the State of Georgia, That from and after the first day of January, 1890, it shall not be lawful for any person to vote or attempt to vote in any election in the county of Coffee without having registered in the manner as hereinafter provided. Voters required to register.

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SEC. II. Be it further enacted by the authority aforesaid, That the Tax Receiver of said county of Coffee shall be Registrar of said county of Coffee, and in case of any unavoidable cause that the Tax Receiver could not register the voters of said county at the time as hereinafter provided, then and in that case the Ordinary of said county shall appoint a suitable person of said county to be Registrar of said county of Coffee, and shall before entering upon their duties as such, before the Ordinary of said county, take and 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. Tax receiver made registrar. Oath of registrar. SEC. III. Be it further enacted, That it shall be the duty of the Registrars of said county, during the year 1890, and biennially thereafter, or during each year that 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 Georgia, to vote in any election in this State; Provided, all persons applying to be registered shall do so in their respective militia districts in which they reside, and shall be registered in and for said districts; and before registering such persons said Tax Receiver or Registrar shall administer to them the following oath: I do swear that I reside in theDistrict, G. M., of said county of Coffee; that I have attained to the age of twenty-one years; that I am a citizen of the United States, and have resided for the last twelve months in this State next preceding the election to be held in October next, and six months in the county of Coffee preceding said election; that I have paid all taxes since the adoption of the present Constitution of this State that had been required of me previous to this year, and which I have had an opportunity to pay. Duty of registrars. Proviso. Oath to be administered to voters who register. SEC. IV. 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 in said county, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for illegal voting. SEC. V. Be it further enacted, That said Registrar shall enter the names of such persons as register in his book of registration in alphabetical order, keeping separate lists of the colored voters. Alphabetical list of voters.

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SEC. VI. Be it further enacted, That on the 15th day of August in each year in which they are required to make registration of the voters, the Registrar shall close his work of registration, and by the twentieth day of September thereafter said Registrar shall file with the Ordinary of said county the original books of registration. Time for closing registration books. SEC. VII. 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 such militia district, and send the same to the Justice of the Peace of each militia district when he sends the election blanks to said district to be used by the managers of the election in said district. When said election is over, said Justice of the Peace or managers of said election shall return said list to the Ordinary, to be preserved by him for the inspection of the Grand Jury until the election thereafter, when the same course shall be pursued with said list. Lists must be furnished election managers. SEC. VIII. 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. Voters subject to challenge. SEC. IX. Be it further enacted, That said Registrar shall receive three cents per capita for each and every person registered by him for his services in this connection, to be paid out of the general funds of said county upon the order of the Board of Commissioners of Roads and Revenues of said county, and the Ordinary one cent for each and every person registered. Compensation of registrar. SEC. X. Be it further enacted, That nothing herein contained shall apply to any person or persons arriving at the age of twenty-one years after the books of registration shall have been closed and before the election at which he offers to vote; Provided, he is otherwise qualified to vote under the laws of this Act. When persons arrive at age of 21. SEC. XI. Be it further enacted by the authority aforesaid, That said Registrar shall give notice in writing ten days before he appears and opens his books of registration in each militia district in said county of Coffee, to be posted at the door of the court house in each militia district, plainly stating what day of the week and the month he will be at said militia district for the purpose aforesaid, and shall go at least three times in each militia district in said county. Registrar required to give notice of his visits to each district. SEC. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

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TITLE VI. ROADS AND BRIDGES. ACTS. Commutation tax for DeKalb county. Repeals road laws of Chattooga county. Am nds road laws of Chattooga county. Amending road laws of Charlton county. Amending road laws of [Illegible Text] county. Amending road laws of Johnson county. Defining width of roads in Cobb county. To work Pendleton Creek in Montgomery and Emanuel counties. Amending road laws of Dade county. Amending road laws of Emanuel County. Provides for commutation tax for Walker county. COMMUTATION TAX FOR DEKALB COUNTY. No. 223. An Act to provide for a commutation tax in lieu of road work in any militia or road district in the county of DeKalb, upon the petition, in writing, to the Commissioners of Roads and Revenues of said county of a majority of the persons subject to road duty in such district. SECTION I. The General Assembly of Georgia do enact, That from and after the passage of this Act it shall be the duty of the Commissioners of Roads and Revenues of DeKalb county upon the petition, in writing, of a majority of all the persons subject to road duty in any militia district or road district of said county at the first regular meeting in ten days after the filing of such petition, to fix a commutation road tax of not less than three nor more than

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five dollars per annum, in lieu of all road work in such district, and such tax, when so fixed, shall be valid until changed upon like petition and process by said Commissioners of Roads and Revenues. Commissioners authorized to fix commutation tax. SEC. II. That when so fixed it shall be the privilege of each and every person subject to road duty in such district on or before the first day of April of each year, or in such installments as the Commissioners of said district may prescribe, to pay said road tax, which, when paid, shall relieve such person from any further tax or road duty for that year in such district, and the same when collected, as hereinafter provided, shall be set apart and used exclusively for road purposes in the district where collected and paid under the direction of and by the Road Commissioners of such district, as hereinafter provided. Privilege to pay in lieu of working roads. SEC. III. That it shall be the duty of the Road Commissioners of such district, after such commutation tax has been fixed as hereinbefore provided, to appoint a competent Overseer of Roads for such district, who shall be subject to their exclusive control and jurisdiction. That it shall be the duty of said overseer, at a meeting of said commissioners to be held on the first Saturday in March of each year, to make out and submit a full and complete list, in writing, of all persons residing in said district who are subject to road duty therein. Said overseer shall also post in three public places in said district, and also publish in the county gazette once a week for two (2) weeks, notification that said commutation tax may be paid on or before April first, or in installments fixed by the commissioners. Said overseer shall give such bond, with good security, to the commissioners and their successors as they may fix, conditioned for the faithful discharge of his duties and accounting for all funds received by him. He shall receive as compensation for his services, out of the road funds of said district, a per diem to be fixed by the Road Commissioners of such district for actual service. He shall give receipts for all taxes received by him, and at a meeting of said commissioners to be held on the first Monday in April he shall make an exhibit in detail of all moneys received by him, showing from whom received, and shall turn such funds over to said commissioners, to be disbursed only on their order. Said overseer shall take charge of and work all persons in said district liable to road duty who have not paid said commutation tax, giving them notice of time and place of working, tools to be brought, etc., as now required by law. Said overseer shall have and be responsible for the superintendence and working of all the public roads in said district, subject as aforesaid to the direction and control of said district commissioners. The roads in such district shall be worked in such

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manner and at such times as said commissioners may direct, and they shall also direct such disbursements of said commutation tax in building, improving and repairing the public roads of said district as they may see proper, and may direct the employment of hands and teams and the buying of such materials as are needed on said roads in their respective districts, out of the road funds in their hands. Said commissioners shall also make annual reports in writing, on the first Monday of January of each year, to the Commissioners of Roads and Revenues of said respective county, showing the amounts received from said commutation tax for the year ending, from whom received and how expended. Overseer of roads. His duties. Time for paying commutation tax. Compensation afroad overseer. Manner of working roads. Annual reports. SEC. IV. That any person or persons in such district subject to road duty, who shall prefer to work the road in person, or by proxy, to paying such commutation tax, shall have the right to do so, and shall work the number of days required by said overseer within the limit of time now fixed by law, under the personal direction and control of said overseer for such district as hereinafter provided, whose receipts for such good labor shall be a full acquittance of all liability for road working in such district for that year; Provided, that no person shall be required to work upon any road in such district other than such as he is now required to work upon by law. Any person failing to pay said commutation tax, and failing or refusing to work the time required or as directed by said overseer, shall be subject to all the penalties and punishments provided by law for road defaulters, and they shall be reported by the said overseer to the said Road Commissioners, as now provided by law. Right to work road in person or by proxy Proviso. SEC. V. That after the final workings of each public road in such district said overseer shall report in writing to the Road Commissioners of that district the names of the persons working on said road, the number of days worked, the names of defaulters, the moneys expended in materials, hiring of hands, tools, wagons and teams, the character of the work done thereon, and if permanent improvements, the cost of the same. Overseer required to make report to commissioners. SEC. VI. That whenever an ad valorem tax is levied for roads and bridges in said county, the pro rata share of such district in said tax shall be apportioned by the Commissioners of Roads and Revenues according to the value of property returned in said district on the tax disgest of the county for each year, and upon the order of the Commissioners of Roads turned over to the said District Road Commissioners, to be by them expended in compliance with the intention and purpose of this Act. Apportionment ad valorem tax.

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SEC. VII. That the Road Commissioners of any district in said county adopting the provisions of this Act shall have power and authority to make and enforce all rules and regulations not in conflict with the laws of this State, necessary to fully carry into effect the intention of this Act. Authority to enforce this Act. SEC. VIII. That all laws and parts of laws in conflict or inconsistent with the provisions of this Act be, and the same are hereby repealed. Approved August 26, 1889. REPEALS ROAD LAWS OF CHATTOOGA COUNTY. No. 250. An Act to repeal the present road laws of Chattooga county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That after the passage of this Act, that the present road laws of Chattooga county be, and are hereby repealed. Road laws repealed. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1889. AMENDING ROAD LAWS OF CHATTOOGA COUNTY. No. 254. 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 Ordinary of said county to levy and collect a tax for road purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That it shall be the duty of the first Grand Jury assembled after the passage of this Act, to elect by ballot a Supervisor of Public Roads in each militia district of said county for a term not less than two years, nor more than four years; said supervisor to be a citizen of the district for which elected, whose rights, powers, duties and liabilities shall be the same in all respects as are now prescribed for Road Commissioners, except so far as the same may

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be modified by the provisions of this Act, and said duty shall devolve on the Grand Jury at the Fall Term of the Superior Court assembling in the year in which said elections are to be held, by the provisions of this Act. Supervisor of public roads. SEC. II. Be it further enacted, Each supervisor so elected shall be, and he is hereby authorized and required, as soon after his appointment as practicable, to lay off the roads in his district in sections of one mile or more each, as he shall deem most appropriate, the working and keeping in repair of which in accordance with the road laws of this State, the term of two or more years, shall be let to the lowest responsible bidder after thirty days' written notice of the same posted in three public places in said district; and it shall be the duty of said supervisor to make out specifications in writing, clearly setting forth the work required to be done on said road, and the manner and condition in which said road shall be maintained during the time of said contract, and published as above mentioned, which specifications shall be the basis of the contract. Duties of supervisors of public roads. SEC. III. Be it further enacted, That the person or persons with whom said road contract may be made shall be required to give a bond with approved security in a sum double the amount named in such contract, which bond shall be made payable to the Supervisor of said district, and conditioned for the faithful performance of their respective contracts and the duties imposed on them by section 1st of this Act. Contractors required to make bond SEC. IV. Be it further enacted, That when ever it shall be made to appear to the Supervisor of any district, either from his own knowledge of the fact, or from any other creditable source, that the contractor has failed to comply with his contract, it shall be the duty of said Supervisor to order said contractor to work his contracts at once, and with his failure to comply with said order, it shall be the duty of said Supervisor to have suit instituted forthwith thereon; and the amount so recovered shall be set apart and appropriated as road fund for that district. Where contractor fails to comply with his contract. SEC. V. Be it further enacted, That the person or persons with whom such contracts may be made shall enjoy all the rights, powers and privileges, and shall be subject to all the pains and penalties now prescribed by law in reference to overseers of public roads, except so far as the same may be affected by this Act. Contractors have same right as overseers SEC. VI. Be it further enacted, That the office of Supervisor of Roads for each militia district is hereby established, whose duties shall be as are prescribed in the various sections of this Act, and such officer shall give bond to the Ordinary, with good security, for the faithful performance of all the duties devolved on him by

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this Act in a sum double the amount of the entire capitation and ad valorem tax of the district for which he is elected, which bond shall be recoverable by the Ordinary for the use of that district before any court of competent jurisdiction of this State, and the amount so recovered shall be set apart and appropriated as a road fund for said district, and said District Supervisors shall receive for their services such salaries as the first Grand Jury assembled after the passage of this Act may determine, and thereafter the Grand Jury at the Fall Term of the Superior Court assembling in the year in which said elections are to be held by the provisions of this Act, shall fix the salaries of said Supervisors for the year beginning January 1st, following. Office of supervisor established. Salary. SEC. VII. Be it further enacted, That the Ordinary shall not accept the resignation of any of the Supervisors, except for providential disabilities to discharge the duties of the office of Supervisor, or for the removal from the county. Whenever a vacancy shall occur in any of the militia districts, either by death, removal from the county or physical inability, or from any other cause, it shall be the duty of the Ordinary to appoint at once a Supervisor to fill said vacancy. Vacancies. SEC. VIII. Be it further enacted, That the Ordinary of said county be, and is hereby, authorized and required to levy a capitation tax, which shall be in commutation of work upon the public roads in said county, of two dollars upon each and every person subject to road duty by existing laws in said State, the payment of which shall operate as an exemption from road duty for and during the year for which said tax may be levied; and shall also levy and collect a tax upon the taxable property of said county of not more than twenty-five per cent. on the amount of the State tax in said county, to be collected as the county tax, and paid by the collector to the several District Supervisors, by an order drawn by the Ordinary on said road funds. Commutation tax. Property tax. SEC. IX. Be it further enacted, That it shall be the duty of each District Supervisor to ascertain the name of each person in his district who may be subject to road duty, and said District Supervisor shall collect the capitation tax in his district levied in pursuance of this Act, and retain and keep it with the ad valorem tax received from the Tax Collector as a road fund, the same to be expended only in paying road contracts and the compensation allowed by this Act to the Supervisor, which compensation shall be retained by the Supervisor, upon an order drawn by the Ordinary on said road funds. And the ad valorem tax of the county shall be pro-rated by the Ordinary to the various militia districts on the

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basis of the number of miles of public road in each district, which pro rata shall be paid by the Tax Collector to the Supervisors of the various districts on an order drawn by the Ordinary on said road funds of said county. Manner of collecting road tax. SEC. X. Be it further enacted, That any person or persons subject to road duty who shall elect to work the road in person or by proxy (the contractor having the right to reject the proxy) shall have the right to do so, and shall work four days in the year on the roads in his district under the direction of the contractor for the same time, whose receipt for such good labor shall be good against the capitation tax and shall be charged as cash against said contractor; Provided, such receipt shall specify the number of days worked; and any person failing or refusing to pay the commutation tax, either in money or labor receipts, the Supervisor, who is hereby empowered with the authority of an ex-officio Justice of the Peace in his district, shall proceed against said road defaulter under the laws of force in this State against road defaulters, and said defaulter's wages shall be subject to garnishment by the Supervisor, whose duty it shall be to proceed by execution, garnishment or attachment for contempt, as now provided by law. Persons subject to road duty have choice of working or paying tax. Proviso. May proceed against road defaulters. SEC. XI. Be it further enacted, That each contractor shall give those hands assigned him by the Supervisor two (2) days' notice previous to the road working, and each hand shall, upon the receipt of such notice, then notify the contractor of his election to work or pay, which election shall not be revocable during that year, and each contractor shall furnish to the Supervisor in his district as soon as practicable after notifying the hands of the road working, a list of those hands who elect to pay the capitation tax; it then shall be the duty of the Supervisors in the various militia districts to proceed at once to collect the capitation tax in their respective districts, after having given ten days' notice by posting in three public places stating the time and place for making said collections. Notice must be given before working roads. Collection of [Illegible Text] tax. SEC. XII. Be it further enacted, That new roads may be established or old roads changed or discontinued upon petition to the Ordinary, according to the law now of force in this State, except that the Supervisor elected in each district shall discharge the duties now by law devolved on Road Commissioners, and shall receive for their services by order on the road fund, drawn by the Ordinary, an amount not exceeding two dollars per day; and contractors shall perform the duties formerly devolved on overseers in opening new roads or changing old roads; and the time taken in opening new roads or changing old roads shall not be deducted from the four days' road time as required in section 10 of this Act, and those

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hands who elect to pay shall pay fifty cents per day, or proportionate parts thereof, for such time as those who work are engaged in opening new roads or changing old roads. Establishing new roads. Compensation of supervisor. SEC. XIII. Be it further enacted, That the provisions of this Act in reference to working roads or paying capitation tax shall not extend to the road hands living within the limits of any incorporated town of said county, nor shall the ad valorem tax be expended upon roads within such incorporated towns. Does not apply to incorporated towns. SEC. XIV. Be it further enacted, That the Supervisor in each militia district shall, at the expiration of each year, submit to the Ordinary a report of the condition of the roads and a full financial statement in writing of his transactions, exhibiting his vouchers therefor; which report the Ordinary shall transmit to the first Grand Jury thereafter assembled. Annual statement of supervisor. SEC. XV. Be it further enacted, That the road year for 1890 shall commence January 1st and close December 31st, and thereafter the road year and the calendar year shall be coincident. Roal year. SEC. XVI. Be it further enacted, That if any Supervisor in the various militia districts shall fail to receive bids on any of the roads in his district in said county, or upon rejecting any bids on any of the roads, or failing to make a contract therefor, it shall be the duty of said Supervisor living in that district to have said roads worked out and kept in repair according to the laws of this State, until the same can be let out according to the provisions of this Act. In case no contracts are made, supervisor required to work roads SEC. XVII. Be it further enacted by the authority aforesaid, That all differences arising between any of the contractors and supervisors in reference to compliances with contracts made between said supervisor and said contractor shall be submitted to an arbitration, as follows: The contractor to select an arbitrator and the supervisor another in the district where said road lies, and if these two cannot agree then said arbitrators shall select an umpire, whose decision shall be final, and the Ordinary shall accept it as such; Provided, however, that no contractor or road defaulter shall be competent as an arbitrator or umpire in such cases. Arbitrators in case contractor and supervisor fail to agree SEC. XVIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 3, 1889.

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AMENDING ROAD LAWS OF CHARLTON COUNTY. No. 370. An Act to alter and amend the road laws of this State, so far as relates to the county of Charlton; to authorize an election for commissioners for; to define their powers and duties; to authorize the payment of a commutation tax in lieu of road working; to apply said taxes to the benefit of the roads in the respective militia districts in which they have been collected, and for other purposes therein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the 31st of December, 1889, if the Grand Jury of the Superior Court of Charlton county, at the Fall Term, 1889, shall so recommend, there shall be one Road Commissioner for and in each militia district in the county of Charlton. Road commissioners. SEC. II. Be it enacted by the authority aforesaid, That said commissioners shall be elected or re-elected by the competent voters of their respective militia districts of said county of Charlton biennially after the first Wednesday in January, 1891, and whenever necessary to fill vacancies at any time; and those thus elected shall be compelled to serve unless excused by the Ordinary, who shall receive for such excuse providential cause only; Provided, that those who are not subject to road duty, and those who have served for two years continuously, shall have the right to refuse said election, if the refusal be made immediately after the same, as hereinafter provided. Term of office. Proviso. SEC. III. Be it further enacted by the authority aforesaid, That after said commissioners are elected, and they do not within ten days thereafter file their excuse in writing, under oath, in said Ordinary's office of said county, they shall be considered as having accepted. Excuse for not serving must be filed within ten days. SEC. IV. Be it further enacted by the authority aforesaid, That it shall be the duty of said commissioners, within thirty days after their election, to appoint one or more persons in their respective districts as overseers of the road, who shall act as such during the term of the commissioners making such appointment, unless sooner removed, and such overseer shall receive a per diem salary not to exceed one dollar while actually engaged as overseer of the road, which is to be paid out of the moneys raised for the benefit of the public roads, as hereinafter provided. Authority to appoint overseers.

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SEC. V. Be it further enacted by the authority aforesaid, That said commissioners may each year receive and collect from each male inhabitant between the ages of sixteen and fifty years the sum of one dollar, or so much thereof as they may deem necessary to keep up the public roads in their respective militia districts. Said tax is to be known as a commutation tax paid in lieu of the roadworking. Said commissioners shall give to each person paying said tax, a receipt therefor showing therein by whom paid and for what year, and that it is for said commutation tax, and said commissioners shall keep a correct list in their book of accounts, containing the names of all persons paying said tax, and the amount thereof. Commutation tax. Commissioners required to keep list of those paying commutation tax. SEC. VI. Be it further enacted by the authority aforesaid, That said Commissioners shall retain the same commission for collecting and paying out said commutation tax as are allowed the County Treasurer for similar services, and said Commissioners shall be subject to the same pains and penalties as are incurred by the Tax Collector in the collection of other taxes, except that they shall have no power or authority to enforce the payment or collection of said commutation tax, but the payment to them of said tax is at the option of the persons hereinbefore described, to pay the same in lieu of road working, and all persons who elect to and do pay said commutation tax shall not be required to work upon the public roads in said county for the year of the payment of said tax, but shall be and are herein excused from the road working that year. Commission for collecting commutation tax. SEC. VII. Be it further enacted by the authority aforesaid, That said Commissioners shall, on receipt of said taxes as aforesaid, keep one account for their respective militia districts in a book to be kept by them for that purpose, in which they shall enter the respective amounts as aforesaid, received by them as commutation tax, and shall pay out the same as hereinafter provided, keeping in the same book an accurate account of all moneys so paid out, to whom paid, and on account of what road. Said Commissioners shall lay said book of accounts, to be kept as aforesaid, before the Grand Jury each Spring Term of the Superior Court of each year in said county for their investigation; and said Commissioners shall be subject to the same liabilities on their bond for the faithful discharge of the duties herein required of them as the County Treasurer is in regard to his duties as County Treasurer, and shall give bond in like manner. Commissioners required to keep an account for each militia district. SEC. VIII. Be it further enacted by the authority aforesaid, That whenever said Road Commissioners deem proper and requisite that their roads, or any of them in their respective districts, be worked, they shall require their overseer or overseers in their districts

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to summon out for five days' road duty all such persons as are subject to road duty and have not paid their commutation tax as hereinbefore provided, and whose names do not appear upon their books of accounts, and who have not a receipt showing that they have paid said commutation tax in some other district in said county, and said Commissioners shall see that said persons who are liable to road duty and who have not paid the commutation tax do perform full five days' labor in and upon the roads in their respective districts each year. Authority to summons hands to work roads whenever necessary. SEC. IX. Be it further enacted by the authority aforesaid, That said summons shall be in writing, and shall state the time and place for working, and what tools are required, and shall be served personally or by leaving it at the most notorious place of abode, at least three days before the time fixed for working. Written summons required for hands. SEC. X. Be it further enacted by the authority aforesaid, That if any of said persons subject to road duty as aforesaid, have been summoned as aforesaid, desire, they may pay to said commissioners the said commutation tax as aforesaid, who are hereby authorized to receive and receipt for the same as aforesaid, and shall enter all such amounts so received in said book of accounts as aforesaid and on presentation of said receipt for said tax for the year in which said person has been summoned to work to the overseer in charge before or at the time fixed for working, said overseer shall excuse such person from working, and shall report the same to the commissioner of his district, giving the names of the persons so excused. Persons subject to road duty may pay commutation tax. SEC. XI. Be it further enacted by the authority aforesaid, That the moneys raised as aforesaid shall be applied in and towards the benefit of the roads in the respective militia districts in which they have been collected, as follows: The commissioner of each district, at such time or times as they may deem best, expedient or necessary, shall let the contract to work on said roads, and the same shall be done in strict accordance with the law of this State in regard to public building. On the completion of the contract according to the terms thereof, and the acceptance of the same, said commissioner shall at once pay the same, making entry thereof in his book of accounts, stating therein the name of the contractor, the nature of the work and the place or location where done. Manner of applying moneys collected for road tax. SEC. XII. Be it further enacted by the authority aforesaid, That it shall not be lawful for any commissioner or commissioners in said county while in office to be interested either directly or indirectly in any contract as aforesaid, and any contract made in violation of this section shall be void, and any such commissioner or commissioners violating this provision shall be dismissed from his office,

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and in addition shall be punished as prescribed in section 4310 of the Code for each and every violation of this section. Penalty for any commissioner to participate in contracts. SEC. XIII. Be it further enacted by the authority aforesaid, That said commissioners are hereby authorized to purchase stationery, books, etc., as they may from time to time need for their use in the performance of their duties, and pay for the same out of the moneys in their hands raised for the benefit of said roads, and said commissioners are hereby required to itemize and make entry thereof of all such purchases in their said book of accounts. Incidental expenses. SEC. XIV. Be it further enacted by the authority aforesaid, That said commissioners in their several militia districts shall have all the power and jurisdiction and be subject to the same penalties as are contained in chapter seven (7) of the Code of 1882, from section 597 to 666 inclusive, except as herein excepted, and all of said law contained in said sections 597 to 666 inclusive, which does not conflict with the provisions of this Act, is hereby made applicable to said Charlton county. Jurisdiction of commissioners. SEC. XV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 12, 1889. AMENDING ROAD LAWS OF EMANUEL COUNTY. No. 417. An Act to repeal that part of an Act, so far as relates to the Ohoopee Rivers, in Emanuel county, entitled an Act approved February the 27th, 1877; to apportion the road hands in the counties of Emanuel and Johnson, 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, so much of an Act entitled an Act, approved February the 27th, 1877, as relates to Emanuel county and the Ohoopee Rivers therein be, and the same is hereby, repealed, to-wit: Section 1. That from and after the passage of this Act, it shall be the duty of the Ordinary of each county to appoint one commissioner in each militia district, who shall be known as `River Commissioner.' The duty of said commissioners is to act in concert with the Road Commissioners, and to

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appoint all road hands in their respective counties and militia districts; and it is hereby made the duty of said hands so apportioned to remove all obstructions from the waters of the Big Ohoopee from Mason's Bridge, on said river, through the counties aforesaid to the line of Tatnall county; from Prince's Bridge, on the Little Ohoopee, to the junction; from Hawhenne Church, on the Canoochee, to the county line. Section 2. That the hands apportioned in accordance with the foregoing section shall be known as `river hands,' and shall not be subject to road duty. Section 3. That the River Commissioners and river hands shall be subject to all the pains and penalties imposed by the laws of this State upon Road Commissioners and road hands. Authorizes appointment of river commissioners. Their duties. River hands. SEC. II. Be it further enacted by the authority aforesaid, That so much of the aforesaid Act as relates to the Big Ohoopee and Little Ohoopee Rivers, in Emanuel county, be, and the same is hereby repealed. Repeals original Act. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 22, 1889. AMENDING ROAD LAWS OF JOHNSON COUNTY. No. 501. An Act to repeal an Act entitled An Act to reduce the work on roads in the county of Johnson, approved December 19, 1859. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act entitled An Act to reduce the work on roads in the county of Johnson, approved December 19, 1859, be, and the same is hereby repealed. Special road law repealed. SEC. II. Be it further enacted, That from and after the passage of this Act that the road laws for said county of Johnson shall be the general road laws for the State of Georgia now in force. General road law adopted. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889.

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DEFINING WIDTH OF ROADS IN COBB COUNTY. No. 507. An Act to define the width of the public roads in the county of Cobb, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the first-class public roads in the county of Cobb shall be cleared of all trees, stumps, grubs and bushes at least twenty feet wide, and all such limbs of trees that may incommode horsemen or carriages; stumps must be cut as nearly even with the surface as possible, and the carriage track must be at least five feet six inches wide; and all places on said public roads in said county where water may pond or flow during any season or for any considerable period in each year, so as to prevent the dry and convenient passage of pedestrians, it shall be the duty of the road hands to place foot-logs or other convenient passways; the same to be so constructed as to be above high-water mark at such place or places. Defining width of public roads of first class. SEC. II. Be it further enacted by the authority aforesaid, That all roads in the said county of Cobb designated as second-class roads shall be cleared of all trees, stumps, grubs and bushes at least sixteen feet wide, and of such limbs of trees as may inconvenience horsemen or carriages; the stumps to be cut as nearly even with the surface as possible, and the carriage track must be at least five feet six inches wide, and the said road thus changed shall be worked and managed according to the road laws of this State, so far as the same may be applicable. Defining width of roads of second class. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889.

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TO WORK PENDLETON CREEK IN MONTGOMERY AND EMANUEL COUNTIES. No. 508. An Act to apportion the road hands to work Pendleton Creek, in the counties of Montgomery and Emanuel, and make the same navigable for timber, 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, it shall be the duty of the Board of Roads and Revenues of the counties of Montgomery and Emanuel to appoint one commissioner in each militia district contiguous to Pendleton Creek in said counties, who shall be known as Creek Commissioners. The duty of said commissioner is to act in concert with the Road Commissioners, and to apportion all road hands in their respective militia districts; and it is hereby made the duty of said road hands so apportioned, to remove all obstructions from the waters of Pendleton Creek from Gillis's bridge to the Tatnall county line, so as to make the same navigable for rafting timber. Office of creek commissioners created. Their duties. SEC. II. Be it further enacted by authority aforesaid, That the hands apportioned in accordance with the foregoing section shall be known as creek hands, and shall not be subject to road duty. Creek hands. SEC. III. Be it further enacted by authority aforesaid, That the Creek Commissioners and creek hands herein provided for shall be subject to all the pains and penalties imposed by the laws of this State upon Road Commissioners and road hands. Subject to same penalties as road hands SEC. IV. Be it further enacted by authority aforesaid, That the hands appointed shall open a water road in said creek, so as to give space to float a raft of timber six feet wide and seventy feet long from Gillis' Bridge to Williamson's Bridge; and from Williamson's Bridge to the Tatnall county line; the same shall be made to give space to float a raft of timber twelve feet wide and seventy feet long. Work required. SEC. V. Be it further enacted by authority aforesaid, That all trees and stumps in said water road shall be cut off even with the bottom of the creek, and the same, with all logs in said water road, be removed, and cypress knees, stumps and trees to be cut down and removed at the points and curves for at least three feet from the edge on either side of said of said water road. Removal of stumps and trees. SEC. VI. Be it further enacted by authority aforesaid, That the Creek Commissioners of said counties shall act in concert in apportioning hand and work, regardless of county line. Commissioners must act in concert.

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SEC. VII. 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 October 29, 1889. AMENDING ROAD LAWS OF DADE COUNTY. No. 530. An Act to alter and amend the road laws of this State, so far as relates to the county of Dade; to provide for a commutation tax in lieu of road work, and to authorize the levy and collection of an ad valorem tax by the county authorities for the purpose of more efficiently working the public roads in said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be the duty of the Ordinary or Commissioner of Roads and Revenues to provide for the working of all the public roads in said county as hereinafter specified. The same persons who are subject to road duty under the laws as they now exist shall be, and are hereby declared to be subject to road duty under this Act, and each and every person shall be subject to work on the public roads in the district in which he resides, not more than five days in each year, but any person subject to road duty may relieve himself from said duty by paying to the person authorized to receive the same, the sum of seventy-five cents per day each day he may be required to work, and a receipt from said party in any district shall be good and sufficient to relieve him of road duty for that year in any other district in said county. Ordinary or commissioners to provide for working roads. Commutation tax. SEC. II. Be it further enacted, That said county authorities shall appoint Road Commissioners in each militia district as now provided by law, and said Road Commissioners shall have all the power and authority now vested in them by law as to the trial of defaulters and punishment for failure to work or pay, and shall be, in addition thereto, charged with the duty of selecting and contracting with officers, to be known as the Road Overseers of the District. The persons so selected and contracted with shall be the Road Overseers of the district for which they were selected, for one year. The Road Commissioners shall also be charged with the duty of furnishing to the Road Overseers of their district a full list of the

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persons subject to road duty, and the residence of said persons. Said commissioners shall also on or before the first Monday in February of each and every year return a list of said road hands, with a list of all the public roads in their respective districts, and number of miles therein contained, to the county authorities. They shall also be charged with the duty of inspecting from time to time the work done, and of directing the road overseers when and where to work, and shall have authority to discharge them at any time for any neglect of duty or failure to properly perform their duty, and select and contract with other overseers to fill the vacancies thus created. They shall have the same exemptions and be liable to the same penalties as now provided by law. Authority to appoint road commissioners Their duties. SEC. III. Be it further enacted, etc., That the Road Overseers, when appointed as hereinbefore provided, shall be paid the sum of not exceeding one and one-half dollars per day for each day that he actually works the roads, including the time required to summons the hands, as hereinafter provided for, said time to be judged of by the commissioners; that they shall have charge of all the roads and report the condition of the same to the Road Commissioners of the district, who shall then direct them when and where to begin work. They shall then summons, under the direction of the Road Commissioners, such a number of hands as can be worked to the best advantage at one time and proceed to work them on the roads. If the hands so summoned prefer to pay, and do pay a commutation tax in lieu of work, they shall pay the entire amount of the commutation tax required of them for the year, and the overseers are authorized and required to receive and receipt therefor, and shall proceed to summons other road hands necessary to fill up the number required. They shall continue to summons hands as those first summoned work out their time, or pay the commutation tax, and shall continue to work on the roads from time to time, as directed by the commissioners, until all the roads in the district are put in good order, or until all the hands have been exhausted. They shall then continue to work the roads with such other hands as the Road Commissioners may authorize them to employ. They shall take charge and care for all tools, implements, teams and supplies furnished them by the District Commissioners and use them as directed by said commissioners. In summoning hands, regard shall be had, as far as practicable, to the roads nearest to the place where the hands summoned live in the same district. Pay of road overseers. Duties of road overseers. Commutation tax allowed. Manner of working roads. SEC. IV. Be it further enacted, etc., That all commutation tax collected by the District Overseers, as provided for in this Act, shall be paid over by them to the District Commissioners, who shall

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receipt him for the same. All money received by said Commissioners for commutation tax, and all money received by them from the county authorities on an ad valorem tax, as hereinafter provided, shall be used by said commissioners in having the roads worked to the best advantage in their respective districts. Disposition of money received for commutation tax. SEC. V. Be it further enacted, etc., That whenever the county authorities have been furnished with a list of the road hands and the number of miles of the public roads in the several districts of the county, as provided for in this Act, said county authorities shall immediately assess and notify the District Commissioners the number of days each road hand shall be required to work during the year, not to exceed the number of days provided for in this Act; and the said county authorities, at the time when they assess a tax for other county purposes, shall also assess an ad valorem tax upon all property in said county, not less than ten or more than twenty cents on each one hundred dollars' worth of property, to be collected as other county taxes are collected, and paid over by the Tax Collector to the County Treasurer as a road fund, and be paid out for road purposes on the order of said county authorities, who shall prorate and pay the same to the commissioners of the several militia districts according to the number of miles and character of the roads in each militia district. If said county does not have a Board of Commissioners of Roads and Revenues, the Clerk of the Superior Court and Sheriff of said county shall, with the Ordinary, constitute a board to prorate said fund to the several militia districts, as provided for in this Act. The cost of all tools and implements purchased by said authorities for working the public roads as hereinafter provided for, shall be deducted from the aforesaid fund before distribution is made. County authorities shall assess number of days required to be worked by each road hand. Road fund. SEC. VI. Be it further enacted, etc., That it shall be the duty of the county authorities to purchase and furnish to the commissioners of each district such tools and implements as may be indispensably necessary for working said roads, in addition to the tools and implements furnished by hands who elect to work the roads. It shall be the duty of the overseers to use, care for and account for all such tools and implements delivered to them, and they be made to pay for any loss or damage that may happen to any county property delivered to them, unless it be made to appear to the satisfaction of the Road Commissioners that they were not to blame in any manner for such loss or damage. Tools and implements to work roads SEC. VII. Be it further enacted, etc., That the county authorities may organize a chain-gang; shall be authorized to work said chain-gang on the public roads in said county. In case no such

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chain-gang is organized in said county, the county authorities may hire out all misdemeanor convicts to any other chain-gang on such terms as may be agreed on; but the proceeds of the labor of such convicts, after paying all costs and necessary expenses, shall be paid into the county treasury as a road fund. Authority to organize a chain-gang. SEC. VIII. Be it further enacted, That on or before the thirty-first day of December of each and every year, the said Road Commissioners shall make out and furnish to the county authorities a full and complete tabulated statement of the amount of money expended on the roads in their several districts; how many of the road hands have worked; how many have paid commutation tax, and the amount of commutation tax collected and paid over to them by the road overseers, and the condition of the roads in their respective districts. Annual statement of expenditures on roads. SEC. IX. Be it further enacted, etc., That the hands subject to road duty under this Act shall be liable to the same penalties as are now prescribed by law for defaulters; and a day's work on said roads by hands subject to road duty who elect to work, shall commence at seven o'clock a. m., with one hour intermission at noon. Defaulters. Day's work SEC. X. Be it further enacted, etc., That it shall be the duty of the county authorities to keep on file in their office all returns made to them by the district commissioners, and submit the same to the first Grand Jury empaneled in their county, after said returns have been received by them. Returns must be submitted to grand jury. SEC. XI. Be it further enacted, That any person subject to pay any ad valorem tax under this Act, shall be allowed the right and privilege to pay the same in material furnished or labor with team performed on the public roads that they may be consigned to by the district commissioners, the price of which shall be regulated by said commissioners. A receipt therefor from the overseers and approved by one of the commissioners of said district, shall be received by the Tax Collector of said county in payment of said ad valorem road tax. May settle ad valorem tax with material or labor. SEC. XII. Be it further enacted, That the Road Overseers who collect the commutation tax and the commissioners who receive the same shall give good and sufficient bond, payable to the Ordinary of said county. Bond required. 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 November 4, 1889.

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AMENDING ROAD LAWS OF EMANUEL COUNTY. No. 569. An Act to amend the road laws of this State, so far as relates to Emanuel county; to authorize the payment of a yearly commutation tax and the levy of an ad valorem tax for this purpose; to provide for the formation of a county road fund, and the electing of a Superintendent of Roads in said county; to provide suitable penalties, and for other purposes herein mentioned. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That for the purpose of maintaining a system of good roads in the county of Emanuel, in this State, there shall be a fund to be kept by the County Treasurer of said county, separate from all others in his charge, and to be known as the road fund of said county. This fund shall be raised as hereinafter stated, and shall be used solely for the public highways of the county, and the payment of the expenses necessary for that purpose. Road fund. SEC. II. Be it further enacted by the authority aforesaid, That the grand jurors of Emanuel county shall, at their first session next after the passage of this Act, and biennially thereafter, elect a Superintendent of Roads, who shall serve for a term of two years, or until his successor is elected and qualified. Said Superintendent of Roads shall not be less than twenty-one years of age, and shall receive for his service such compensation and give such bond as such Grand Jury may recommend; Provided, that no one a member at the time of the Grand Jury so recommending shall be eligible to said office of Superintendent of Roads in said county. Superintendent of roads. Qualification. SEC. III. Be it further enacted by the authority aforesaid, That the Road Commissioners of the several militia districts of said county shall, by the first Monday in February in each year, lay off the roads in their respective districts in sections as they shall deem most appropriate and report the same in writing to the Superintendent of Roads, together with the probable cost of repairing and putting said roads in first-class condition, as hereinafter provided, and the number of miles, etc., of said roads. Duties of the road Commissioners. SEC. IV. Be it further enacted by the authority aforesaid, That said Superintendent shall let out said roads in sections, as reported to him by said commissioners, to the lowest bidder on the first Monday in March for a term of one year. Said letting shall be advertised once a week for three weeks next preceding the day of

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letting out in the newspaper where the Sheriff's sales are advertised for said county. It shall be the duty of the Superintendent to make out specification in writing of the work to be done, which specification shall be subject to the approval of the county authorities having charge of the roads and revenues of said county, and open to examination for two weeks previous to the day of letting; and the place where they may be found shall be stated in the advertisement hereinbefore provided for; and said specification shall be the base of the contract. A bond with good security in double the amount to be paid the contractor shall be given for the faithful performance of the work, which bond shall be made payable to said county, and be approved by the authorities having in charge the roads and revenues, before the contractor goes to work under the same, and said bond must be filed in the office of said authorities. A failure of said contractor to present such bond with good security, within twenty days after the letting of said contract, shall vacate his bid, and the superintendent shall re-advertise in the same manner as hereinbefore stated. Manner of working roads. Specification of work to be done. Contractor's bond. SEC. V. Be it further enacted, That, should any contractor fail to comply with the terms of his contract, it shall be the duty of the Superintendent of Public Roads, after thirty days' notice to the contractor, to have the road, or the portion thereof which has not been worked according to contract, worked up to the specifications of the contract, by hiring hands or otherwise, as he may see fit; and the amount necessary shall be paid by the county and charged up to the contractor, and deducted from the payments to be made or recovered upon his bond. When contractors fail to comply with contract. SEC. VI. Be it further enacted, That the sums for which the work is contracted to be done, shall be paid for by the county authorities having charge of the roads and revenue only when the work agreed upon has been faithfully done according to the terms of their respective contracts and the same has been certified by the Superintendent of Public Roads. Paying contractors. SEC. VII. Be it further enacted, That whenever it shall be made to appear to said county authorities, upon the report of the Superintendent of Roads, or otherwise, that the condition of the bonds given under the second section of this Act, have been violated or not complied with, it shall be the duty of said county authorities to have suit instituted thereon; and the amount recovered shall be set apart as a road fund. When bonds are not complied with SEC. VIII. Be it further enacted, That at the time of laying off the sections of roads as provided in this Act, it shall be the duty of the Road Commissioners of Public Roads to assign to each section

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of the road such hands as are available and necessary therefor, taking into consideration the length of the section, the character of the work to be done; Provided, that no hand shall be assigned to a section whose nearest point is more than three miles from his residence, unless the nearest road is a greater distance, in which case he shall be assigned to the nearest section to his residence. A list of the hands will be filed with the specifications of each section, when turned over to the Superintendent of Roads, though the list will be no guaranty that the number of hands shall not be greater or less as changes of residence of the hands or other contingencies may require. Assignment of hands. Proviso. SEC. LX. Be it further enacted, That all male persons between the ages of sixteen and fifty, except ministers of the gospel in charge of one or more churches, and all persons who are physically unable to work for themselves, and all Road Commissioners, shall be subject to work the roads such number of days as may be fixed each year by the Board of Commissioners or Ordinary, as the case may be, not to exceed eight days in each year, under the direction of the contractor of the road to which they may be assigned; and such contractor shall be charged with the amount of labor assigned to his road at the rate at which the hands are allowed to commute their labor, as provided in this Act. Who are subject to road duty. SEC. X. Be it further enacted, That it shall be the duty of each road contractor, at his first working, to summon all the hands assigned to his road at least two days before the day upon which they are summoned to work. Such summons may be verbally, if in person, or written if left at the most notorious place of abode of the hand summoned; and the time and place of working, and the tools which are required, shall be stated; Provided, that no other than the ordinary farming tools are required. It shall be the duty of the hand so summoned, if he desire to commute his work in money, to pay the contractor the full amount of his commutation for the year in which he is summoned, and take a receipt therefor; and upon a failure either to work or pay, it will be the duty of the contractor to report the hand so failing to the Superintendent of Public Roads, who shall try the defaulter in the manner provided in this Act. A failure on the part of the contractor to so report within ten days after each working, shall bind the contractor for the amount of the commutation of the defaulting hand. If, at the trial before the Superintendent, it shall appear that the contractor is not at fault, he shall be credited with the commutation tax of the defaulter. Summons. Commutation tax.

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SEC. XI. Be it further enacted, That it shall be the duty of the Superintendent of Roads to appoint a day and place for the trial of defaulters at such time as, in his judgment, may best subserve the public interests, and shall have power to continue from day to day as he may see fit. The contractor reporting an alleged defaulter, together with the defaulter, shall have at least five days' notice of the time and place of trial, which notice may be sent by a special officer appointed by the Superintendent of Roads, or by any constable of the county, whose costs shall be the same as for serving summons in civil cases in Justices' Courts. Said notice must be in writing or served personally, or by leaving at the most notorious place of abode of the person summoned. If it should appear upon the trial that the hand complained of, after being duly summoned, has failed to work as required by the contractor in a reasonable manner, or failed to bring the required tool, or pay the commutation, the Superintendent shall impose a fine of not less than one dollar, and not more than three dollars for each day of default, and shall have power to impose an alternative judgment of imprisonment in the common jail, or work upon the county chain-gang, not to exceed four days for each day of default, to be computed from the time that such defaulter may be imprisoned or delivered to the chain-gang; and the special officer hereafter provided for, or any constable of the court shall have power to execute the judgment of said Superintendent of Roads. All errors complained of may be corrected by writ of certiorari to the Superior Court in the same manner as from a Justice's Court. The costs of the special officer or constable shall be paid by the contractor if it appear that he is at fault, or by the county if it should appear that a hand not subject to road duty has been assigned to the contractor, or that said hand is insolvent. Trial of defaulters. Costs. Fines for defaulters. Appeals. SEC. XII. Be it further enacted, That any person or persons who may prefer to work the road in person, or by proxy, shall have the right to do so, and shall work such a number of days as may be fixed each year by the authorities, not to exceed eight days in the year, under the direction of the contractor. Any person failing to work or to pay the commutation shall be subject to the penalties provided in this Act, his wages shall be subject to garnishment for the amount of his fine and costs; and it shall be the duty of the Superintendent of Roads to proceed by execution or garnishment, by summary process, as provided for tax executions. Right to work roads in person or by proxy SEC. XIII. Be it further enacted, That it shall be the duty of the authorities herein in charge of the roads and revenue of said county, immediately upon the letting out of all the roads in said

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county, to make an estimate of the cost of all of said roads, together with all expense attending said work, including the per diem of the Road Commissioners and the salary of the Road Superintendent; it shall be the duty of the authority aforesaid to assess the number of days each hand shall work, not to exceed the number of days hereinbefore stated, and levy a tax upon all taxable property of said county; Provided, that the ad valorem tax so levied shall not be less than forty per cent. of the whole amount of said estimated expense of working all the roads in said county, and the expense attending thereto; and, further, to fix the amount of commutation tax each hand shall pay; and the estimate hereinbefore mentioned of the expense of working said roads shall be based upon the commutation tax, or amount fixed for the price of a day's work for said road hands by said authority. Estimates on road work. Authority to levy tax. Proviso. SEC. XIV. Be it further enacted, That the contractors shall furnish their own tools and implements, except as hereinbefore stated. Tools. SEC. XV. Be it further enacted, That the District Road Commissioners shall be appointed and remain subject to the same pains and penalties as are now provided by law, except that they shall be paid for every day actually engaged in the discharge of their duties as such Road Commissioners, to be fixed by the Grand Jury at the time of their appointment. District road commissioners. SEC. XVI. Be it further enacted, That all public roads in said county shall have not less than sixteen nor more than twenty feet good wagon or carriage way, drawn up to the center in oval shape, with no obstruction in said road-beds or over said roads; nor shall any dead or decayed timber be left standing within fifty feet of either side of any road; and all causeways or bridges not public, as now fixed by law, shall be constructed and kept in good repair, so as to have no mudholes or sinks; and as soon as the Superintendents of Roads, and authorities as before mentioned, think the fund is large enough and the assessment of labor should be made sufficient, then the hills shall be graded down to a reasonable grade; and from year to year and as rapidly as possible, in the sound discretion of the Road Superintendents, the public roads shall be brought to a perfect order and grade; Provided, the requirements of this section shall not be required, as to oval shape on flat, sandy lands that do not wash or mire, but on all deep, heavy sand hills, clay shall be hauled over them. Said Superintendent or contractors shall have authority to make use of such timber as may be necessary in constructing causeways or bridges, and pay a reasonable price

Page 1249

for the same, subject to appeal to the Superior Court, if the price tendered cannot be agreed to. Width of roads. Grading hills. Proviso. SEC. XVII. Be it further enacted, That all roads shall be measured, commencing at the court house, and mile-posts erected, and sign-boards placed at all cross-roads and forks, and foot-ways erected over all streams and other places where pedestrians cannot pass at all seasons of the year without getting wet. Mile-posts and sign boards. SEC. XVIII. Be it further enacted, That all roads shall be made as nearly straight as practicable; all short curves shall be straightened out of all roads, as now exist, and the roads shall be made straight at all points where it will not diverge the original road over four hundred yards. Roads shall be made as straight as possible. SEC. XIX. Be it further enacted, That it will be the duty of the Grand Jury at every fall session to require the Road Superintendent to give a full and complete account of his acts and doings; and, upon investigation, if it should be found that anyone hereinbefore mentioned, whether Road Superintendent, Road Commissioner, contractor, or the authorities of roads and revenues, shall be found derelict of duty, they shall be deemed guilty of a misdemeanor, and said Grand Jury shall present such as may be found derelict of duty, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Annual report of superintendent. SEC. XX. Be it further enacted, That this Act shall be published one time in the official organ of Emanuel county immediately after its passage. Publication of Act. SEC. XXI. Be it further enacted, That this Act may become inoperative at any time within two years, if, upon application in writing of fifty freeholders of Emanuel county, the Ordinary of said county shall order an election held as now provided for elections of members of the General Assembly, at which elections all qualified electors may vote for or against this Act, and all voting at said election who are in favor of this Act shall have endorsed on their ballots For the Roads, and all who are opposed to this Act shall have endorsed on their ballots Against the Roads; and if a majority voting at said election shall be found against the roads, then this Act shall be null and void and of no force; and if a majority of the votes are found for the roads, then this Act shall be and remain in force, and the Ordinary of said county shall, and he is hereby directed to declare the result of said election according as he may find its return. May become inoperative by a majority vote of the county. SEC. XXII. Be it further enacted by the authority aforesaid, That persons carrying on the business of saw-milling, timber cutting and naval store business or any other heavy hauling which

Page 1250

wears the roads more than ordinary travel, shall be compelled to keep the said road over which they may do business in such condition as contemplated by the terms of this Act. Any person failing to comply with the terms of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than fifty dollars for every day that said road or roads may remain obstructed or, in any manner whatever, in an endamaged condition. Provided further, that should damage accrue to any person or property of any person upon any road as aforesaid by reason of its endamaged condition as aforesaid, said party so damaged shall have a right of action for such damages as may be done to person or property, or both, against such person at whose instance such business was carried on, by reason of which said roads were obstructed or damaged. Persons engaged in inilling or timber business. Proviso. SEC. XXIII. Be it further enacted, That the road contractors shall be charged up to the number of hands asassigned to each section, according to the amount of the value of a day's work and the number of days assessed to each hand, during the year, to be adjudged of by the authority aforesaid. Contractors [Illegible Text] with time of each hand. SEC. XXIV. Be it further enacted, That the road contractors shall be compelled to keep their respective roads in such condition as contemplated by this Act for and during the period of one year; and any failure on the part of any road contractor to keep up any road as may be contracted for by him, according to the intent and purposes of this Act, he shall be guilty of a misdemeanor, and upon conviction, shall be fined in a sum not less than twenty dollars for every day said road or roads may remain obstructed or, in any way, not up to the requirements of this Act; Provided further, that, should damage accrue to the property or person of anyone on account of the bad condition of the road, suit for damage may be instituted by any such person, on the bond of any such road contractor by whose neglect such damage accrued. Duty of contractors Damage to property. SEC. XXV. Be it further enacted, That all fines and forfeitures arising, in any manner, under this Act shall be paid into the road fund of said county. Fine and forfeitures. SEC. XXVI. Be it further enacted, That all laws now in force not in conflict with this Act, and for which there is no provision in this Act, shall remain in force. SEC. XXVII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 7, 1889.

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PROVIDES FOR COMMUTATION TAX FOR WALKER COUNTY. No. 789. An Act to provide for a commutation and ad valorem tax for road purposes in any militia or road district in the county of Walker, upon the petitions, in writing, to the Commissioners of Roads and Revenues of said county, of a majority of the persons subject to road duty, and of the persons subject to ad valorem tax in such district, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That from and after the passage of this Act, it shall be the duty of the Commissioners of Roads and Revenues of Walker county, upon the petition, in writing, of a majority of all the persons subject to road duty in any militia or road district of said county, at the first regular meeting in ten days after the filing of such petition, to fix a commutation road tax of not less than three nor more than five dollars in lieu of all road work in such district; and such tax, when so fixed, shall be valid until changed, upon like petition and process, by said Commissioners of Roads and Revenues. Provides for commutation tax. SEC. II. That when so fixed, it shall be the privilege of every person between the ages of eighteen and fifty years, subject to road duty in such district, on or before the first day of April of each year, or in such installments as the commissioners of said district may prescribe, to pay said road tax, which, when paid, shall relieve such person from any further commutation tax or road duty for that year in such district; and the same, when collected as hereinafter provided, shall be set apart and used exclusively for road purposes in the district where collected and paid, under the direction of and by the Road Commissioners of such district, as hereinafter provided. Persons subject to road duty may pay commutation tax. SEC. III. That it shall be the duty of Road Commissioners of such district, after said commutation tax has been fixed as herein-before provided, to appoint a competent Overseer of Roads for such districts, who shall be subject to their exclusive control and jurisdiction. That it shall be the duty of said overseer, at a meeting of said commissioners to be held on the first Saturday in March of each year, to make out and submit a full and complete list in writing of all persons residing in said district who are subject to road duty therein. Said overseer shall also post in three public places in said district, and also publish in the county gazette once a week for two

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weeks, notification that said commutation tax may be paid on or before April the 1st, or in installments fixed by the commissioners. Said overseer shall give such bond, with good security, to the commissioners and their successors as they may fix, conditioned for the faithful discharge of his duties, and accounting for all funds received by him. He shall, after discharging his liabilities of all duties under the commutation tax, receive as compensation for his services, out of the road funds of said district, a per diem, to be fixed by the road commissioners of such district for actual services. He shall give receipts for all taxes received by him, and at a meeting of said commissioners, to be held on the first Monday in April, he shall make an exhibit of all moneys so received by him, showing from whom received, and shall turn said funds over to said commissioners, to be disbursed only on their order. Said overseer shall take charge of and work all persons in said district liable to road duty under this Act, and who have not paid said commutation tax, giving them notice of time and place of working, tools and implements to be brought as now required by law. Said overseer shall be responsible for the superintendence and working of all the public roads in said district, subject, as aforesaid, to the direction and control of said district commissioners. The roads in such district shall be worked in such manner and at such times as said commissioners may direct, and they shall also direct such disbursements of said commutation tax in building, improving and repairing the public roads of said district as they may see proper, and may direct the employment of hands and wagons and teams, and the buying of such materials as are needed on said roads in their respective districts, out of the road funds in their hands. Said commissioners shall also make annual reports in writing on the first Monday of January of each year to the Commissioners of Roads and Revenues of said county, showing the amount received from said commutation tax for the year ending, from whom received and how expended. Overseer of roads. His duties. Bond. Compensation. Annual reports. Who are subject to road duty. Manner of working roads. Annual report of Commissioners. SEC. IV. That any person or persons in such districts subject to road duty, who shall prefer to work the road in person or by proxy, to paying such commutation tax, shall have the right to do so, and the time required of such persons shall not be greater than the commutation tax, based upon a credit of seventy-five cents for each day's work done on said roads, under the personal direction and control of said overseer for such district as hereinafter provided, whose receipts for such good labor shall a full acquittance of all liability for road working in such district for that year; Provided, that no person shall be required to work upon any road in such district other than such as he is now required to work upon by law.

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Any person failing to pay said commutation tax, and failing or refusing to work the time required or as directed by said overseer, shall be liable to all the penalties and punishments provided by law for road defaulters, and they shall be reported by the said overseer to the Road Commissioners as now provided by law. Privilege to work road in lieu of paying commutation tax. Defaulters. SEC. V. That after the final workings of each public road in such district, said overseer shall report in writing to the Road Commissioners of that district the names of the persons working on said road, the number of days worked, the names of defaulters, the moneys expended in materials, hiring of hands, tools, wagons and teams, the character of the work done thereon, and if permanent improvements, the cost of the same. Overseer's report. SEC. VI. That whenever a petition signed by a majority of the qualified voters of any road or militia district in said county, and in the same manner as heretofore provided, the Commissioners of Roads and Revenues shall levy ad valorem tax not to exceed ten cents on each one hundred dollars' worth of all real and personal property in said district, which tax shall be collected by the same method and for the same purpose as set forth in the foregoing sections of this Act, and such ad valorem tax, when so fixed, shall be valid until changed by like petition, as heretofore provided in the commutation Act, by said Commissioners of Roads and Revenues; Provided, that any person or persons subject to ad valorem tax under this section of this Act shall prefer to pay said tax in work by person or proxy, wagons and teams, or other material necessary for the benefit of said road, shall have the right to do so on the roads nearest persons subject to such tax, at a fair valuation for such services or materials, such valuation to be fixed by said Road Commissioners, and such persons shall be subject to work at the time and in like manner as already provided; and all moneys collected under this section of this Act shall be used for the improvement of said roads in the same way as provided in the commutation tax. Ad valorem tax for road purposes. Proviso. SEC. VII. That whenever any road or militia district shall adopt section six of this Act, and an ad valorem tax is levied for roads in said county, the pro rata share of such district in said tax shall be apportioned by the Commissioners of Roads and Revenues according to the value of property returned in said district on the tax digest of the county for each year, and upon the order of the Commissioners of Roads and Revenues, turned over to the said District Commissioners, to be by them expended in compliance with the intention and purpose of this Act. Apportionment of ad valorem tax. SEC. VIII. That the Road Commissioners of any road or militia district in said county, after the adoption of either provision or provisions

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of this Act, shall have power and authority to make and enforce all rules and regulations not in conflict with the laws of this State, necessary to carry into effect the intention of this Act. SEC. IX. That all laws and parts of laws in conflict with this Act. be, and the same are hereby repealed. Approved November 13, 1889.

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TITLE VII. FENCES AND STOCK. ACTS. Stock law for certain districts in Quitman county. Stock law for certain districts in [Illegible Text] county. Stock law for 749th district of Clay county. Stock law for 961st district of Schley county. Stock law for certain districts of Dooly county. Stock law for 777th district Randolph county. Stock law for 431st district Clay county. Stock law for 785th district Schley county. Stock law for Sumter county. Stock law for certain portions of Thomas county. Stock law for 998th district Randolph county. To make operative stock law for 1334th district of Randolph county. To make operative stock law for 934th district Raudolph county. Stock law for 785th district Forsyth county. Stock law for certain districts of Chattahoochee county. To make operative stock law for 941st district of Terrell county. Stock law for Jackson county. STOCK LAW FOR 1196TH AND 1197TH DISTRICTS, G. M. QUITMAN COUNTY. No. 180. An Act to require the owners of horses, cows, mules, sheep, goats, hogs and stock of all kinds to keep the same from running at large upon the lands of another within the (1196) Florida and (1197) Bumbleton districts, G. M., Quitman 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, That from and after the first day of January, 1890, it shall be unlawful for

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the owner of any horses, mules, hogs, cows, sheep, goats or cattle or stock of any other description, to allow the same to run at large upon the land of another in said districts, whether enclosed or unenclosed. Unlawful for stock to run at large. SEC. II. Be it further enacted, That if any of the animals named in the foregoing section shall commit any trespass or damage to the crop or property of another, or shall be found running at large on the premises of another, whether such crop, property or premises be enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the amount of actual damages sustained by him, and the party injured, or the owner of said premises, his tenant or lessee, may impound said stock or cattle until such damages and all cost and expenses of taking up and impounding the same shall have been paid by the owner of said stock. Owner liable for damage done by stock trespassing. SEC. III. Be it further enacted, That in case any such animals shall have been impounded under the provisions of the foregoing section, the party so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation, as hereinafter provided; it shall also be his duty, within twenty-four hours after such stock or cattle shall have been taken up and impounded, to give notice thereof to the owner. If the owner, however, is not known, or cannot be ascertained within three days after impounding stock or cattle, they shall be disposed of as provided by law in cases of estrays, except that in case any such animals shall be disposed of after the payment of legal costs and expenses the balance shall be applied first to damages which such stock or cattle may have caused to owners, or tenants, or lessees of lands, premises or crops thereon. Care of impounded stock. Disposition of impounded stock without owner. SEC. IV. Be it further enacted, That in case of disagreement between the party claimed to be damaged or the taker up of such animals and the owner of the same as to the amount of damages sustained on account of the alleged trespass or the expense of feed and attention, the party claiming said damages or expense may sue for the same as in other cases of trespass; Provided, nevertheless, that said suit shall stand for trial at the first term of the court to which it is brought; And provided further, that a special lien upon the trespassing animals for the payment of the judgment obtained shall attach from the date of the trespass. In case of disagreement for damages claimed. SEC. V. Be it further enacted, That in cases of litigation as contemplated by the preceding section, the owner of said cattle or stock may replevy the same by giving bond with good security, to be approved by the Justice of the Peace or Notary Public and ex-officio Justice of the Peace in the district where such stock or

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cattle is eaken up and impounded, conditioned to pay plaintiff all damages and costs and expenses which may be recorded against him in said suit. Impounded stock may be replevined. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 1, 1889. STOCK LAW FOR 105TH AND 115TH DISTRICTS, G. M., BALDWIN COUNTY. No. 188. An Act to require the owners of all horses, mules, cows, sheep, goats, hogs and stock of every discription, to keep the same from running at large upon the lands of another within the 105th and 115th militia districts in Baldwin county; to define the liabilities of said owners, and the rights of persons damaged by said stock running at large. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of January, 1890, it shall be unlawful for the owner of any horse, mule, cow, sheep, goat, hog, or stock of any other description, to allow the same to run at large upon the lands of another within the 105th and 115th districts in Baldwin county. Unlawful for stock to run at large. SEC. II. Be it further enacted, If any of the animals named in the foregoing section shall commit any trespass or damage to the crops of another, whether said crops or premises are enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the actual amount of damage sustained by him; and the party injured, or the owner of said premises, his tenant or lessee, may impound said stock until such damages and all cost and expenses, or if no damages, the cost and expenses of taking up and impounding same may have been paid by the owner thereof. Owner liable for damage done by his stock. SEC. III. Be it further enacted, In case any such animals shall be impounded under the provisions of the foregoing section, the party so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation, as hereinafter provided. It shall also be his duty within twenty-four hours after said stock have been taken up or impounded, to give notice of the same to the owner. If the owner is not known or cannot be

Page 1258

ascertained within three days after impounding said stock, they shall be disposed of as provided by law in cases of estrays, except that in case any such animals shall be so disposed of after the payment of legal cost, the balance shall be applied first to damages and expenses incurred by the injured party or the person so impounding. Care of impounded stock. Disposition of unclaimed stock. SEC. IV. Be it further enacted, In case of disagreement between the party claimed to be damaged or the taker-up of said stock as to the amount of damages sustained on account of the alleged trespass, or the expenses of feed and attention, the party claiming said damages or expenses may make complaint to the County Court, or the Justice of the Peace of the district in which the owner of said stock resides, or, if no such Justice in said district, to the Justice of an adjoining district, setting forth the amount claimed; whereupon said courts shall proceed as in other suits, returnable within five days from the date thereof, requiring the owner or claimant of said stock to appear at a time and place therein named, which process shall be served as other processes, at least three days before the time of hearing, when said court shall hear evidence and give judgment against the owner or claimant of said stock for the actual amount of damage proven, and for the care and feeding of said stock, and all legal costs, which judgment shall be enforced by execution, levy and sale, as other judgments in said courts; Provided, nevertheless, that a special lien upon the trespassing animals for the payment of such judgment shall attach from the date of trespass, superior to all other liens, except taxes and other public dues; Provided further, that the right of appeal and certiorari shall lie from said judgment under the same rules as govern said rights in other cases in said court. In case of disagreement for damages. How such cases are tried. Proviso. SEC. V. Be it further enacted, In cases of litigation, as contemplated by preceding section, the owner of said stock may replevy the same by giving bond, with good security, conditioned to pay plaintiff all damages and costs which may be recovered against him in said suit; Provided, that the provisions of this bill shall not apply to any part of Baldwin county except the 105th and 115th Districts of said county. Impounded stock may be replevined. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 8, 1889.

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STOCK LAW FOR THE 749TH DISTRICT G. M., CLAY COUNTY. No. 202. An Act to prevent the running at large in the 749th District G. M., of the county of Clay, State of Georgia, of all horses, mules, cattle, sheep, goats, swine and asses; to provide penalties for its violation, 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 first day of January, 1890, it shall not be lawful for any person owning or in charge of any horses, mules, cattle, sheep, goats, hogs, asses, or any other animals, to permit the same to run at large in the 749th District G. M., of the county and State aforesaid, 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 the said district, shall be liable to all damages which such animal or animals may commit upon the premises of another, whether such premises be enclosed or unenclosed, to be recovered as hereafter provided. Prohibits stock running at large. SEC. II. Be it further enacted by the authority aforesaid, That if any animal or animals enumerated in the foregoing section shall commit any trespass, or shall be going at large in the said district, upon the premises of any other person than the owner or manager, it shall be lawful for the owner or person in charge of such premises to impound such animal or animals and retain them until the owner thereof shall make full satisfaction and reparation in damages committed, including all costs and expenses in impounding and keeping the same, unless disposed of as hereinafter provided. Owner of stock liable for damage caused by trespassing SEC. III. Be it further enacted by the authority aforesaid, That in case any animal or animals shall be impounded under the provisions of this Act it shall be the duty of the person impounding to give to said animal or animals all necessary feed, care and attention, and it shall be his duty to give the owner or person in charge of such animal or animals, if known, notice of the fact of such impounding in twenty-four hours and the amount of damages committed and the costs and expense of impounding and keeping same, and in the event the parties shall fail to agree upon the amount to be paid by the owner of such animal or animals, or such owner shall fail or refuse to pay the same, then the owner of such animal or

Page 1260

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 animal or animals to answer any judgment that may be obtained against him in any suit to be commenced within one year from date of 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 said district, then to the most convenient Justice in any district in said county, setting forth the amouut claimed, whereupon such Justice shall issue a summons as in other suits, returnable within five days from date thereof, requiring the owner or claimant of such animal to appear at the time and place named; and shall be served as other summons at least three days before the time of hearing, when such Justice shall proceed to hear evidence and give judgment against such owner or claimant for such damages as shall appear reasonable and just, including the expenses of impounding, care and feed of such animals which shall be enforced by execution, levy and sale as other judgments of such Justice. Care of impounded stock. Where parties fail to agree as to damages suit may be brought How judgments are enforced. SEC. IV. Be it further enacted by the authority aforesaid, That if the person impounding such animal shall not know or shall not ascertain the owner thereof within three days from the time or impounding the same, they shall be disposed of as provided by law in cases of estrays, except in case any such animal or animals shall be sold under the provisions of the estray law the proceeds of such sale, after payment of costs, shall be applied first to the payment of damages sustained by the aggrieved party, including reasonable compensation for the impounding, care, and feed and attention for such animal or animals. Manner of selling unclaimed impounded stock. SEC. V. Be it further enacted, That whenever any of the said animals are impounded, as hereinbefore prescribed, if any person or persons shall take them or cause them to be taken from said pound without the consent of the person or persons so impounding, or without first duly replevying them, as provided in the 3d section of this Act, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code. Penalty for [Illegible Text] releasing impounded stock. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1889.

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STOCK LAW FOR 961ST DISTRICT, G. M., SCHLEY COUNTY. No. 274. An Act to require the owners of horses, mules, cows, hogs, sheep, goats and cattle and stock of all kinds to prevent the same from running at large upon the lands of another, whether enclosed or unenclosed, in the 961st district, G. M., Schley county, Georgia, and to define the liabilities of the owners of such cattle or stock so running at large, and the rights of persons damaged thereby. SECTION I. Be it enacted by the General Assembly, That from and after the first day of January, 1890, it shall be unlawful for the owner of horses, mules, cows, hogs, sheep, goats or cattle, or stock of any other description, to allow the same to run at large upon the lands of another in the 961st district, G. M., in Schley county, whether enclosed or unenclosed. Unlawful for stock to run at large. SEC. II. Be it further enacted, That if any of the animals named in the foregoing section shall commit any trespass or damage to the crop or property of another, or shall be found running at large on the premises of another, whether such crops, property or premises be enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the amount of actual damages sustained by him; and the property injured, or the owner of said premises, his tenant or lessee, may impound said stock or cattle until such damages and all costs and expenses of taking up and impounding the same shall have been paid by the owner of such cattle or stock. Owner of stock liable for damages done by same. SEC. III. Be it further enacted, That in case any such animals shall have been impounded under the provisions of the foregoing section, the party so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation, as hereinafter provided. It shall be his duty within twenty-four hours after said stock or cattle shall have been taken up and impounded, to give notice thereof to the owner; if the owner, however, is not known or cannot be ascertained within three days after impounding such stock or cattle, or if the owner is known and fails to take possession of said stock within three days after impounding the same, they shall be disposed of as provided by law in cases of estrays, except that in case any such animals shall be so disposed of, after payment of the legal costs and expenses, the balance shall be applied, first to damages which such cattle or stock may have caused to the owners, or tenants, or lessees of lands, premises or crops thereon. Care of impounded stock. Sale of unclaimed impounded stock.

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SEC. IV. Be it further enacted, That in case of disagreement between the party claimed to be damaged or the taker-up of such animals, and the owner of the same, as to the amount of damages sustained on account of the alleged trespass, or the expense of feed and attention, the party claiming said damages or expense may sue for the same as in other cases of trespass; Provided, nevertehless, that said suit shall stand for trial at the first term of the court to which it is brought; and, provided further, that a special lien upon the trespassing animals for the payment of the judgment obtained shall attach from the date of the trespass. In case of disagreement damaged party may sue. Proviso. SEC. V. Be it further enacted, That in cases of litigation, as contemplated by the preceding section, the owner of said stock or cattle may replevy the same by giving bond with good security, to be approved by the Ordinary of the county, conditioned to pay plaintiff all damages and costs and expenses which may be recovered against him in said suit. In case of suit owner may [Illegible Text] vin impounded stock. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889. STOCK LAW FOR THE FIRST AND PORTIONS OF SECOND AND NINTH DISTRICTS OF DOOLY COUNTY. No. 287. An Act to require the owners of horses, mules, cows, sheep, hogs and stock of all kinds to keep the same from roaming at large upon the lands of another in the first district and a portion of the second and ninth districts of Dooly county, Ga., bounded on the east by Turkey Creek and Penneehatchee Creek, on the west by Flint River, on the northwest by Hogcrawl Creek and on the north by Houston and Dooly county line road, and to provide for the impounding of said stock; to define the liabilities of said owners and the rights of persons damaged by said stock so running at large. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after first of March, 1890, it shall not be lawful for any person owning or in charge of any horse, mule, cow, sheep, goat, hog or stock of any kind to permit the same to run at large upon the lands or premises of another in the above mentioned

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territory of Dooly county, Ga., and any person owning or having in charge any of the animals above mentioned and enumerated, who shall permit the same to run at large in said territory of said county, shall be liable for the actual damage which such animals shall commit upon the premises of another, whether such premises be enclosed or unenclosed, to be recovered as hereinafter provided. Unlawful for stock to run at large. Owners liable for damage. SEC. II. Be it further enacted, That if any animal or animals enumerated in the foregoing section shall commit any trespass or shall be going at large in said districts in said county upon the premises of another than the owner or manager, it shall be lawful for the owner or person in charge of such premises to impound such animal or animals and retain them until the owner thereof shall make full satisfaction or reparation for the actual damage committed, including all costs and expenses in impounding and keeping the same, unless disposed of as hereinafter provided; Provided further, that the owner or person having in charge any of said animals so enumerated shall be liable to the amount of said actual damages so committed, whether said animals running at large be impounded or not. Authority to impound. Proviso. SEC. III. Be it further enacted, That in case any animal shall be impounded under the provisions of this Act, it shall be the duty of the person impounding to give the said animals all necessary feed, care and attention, and it shall be his duty to give the owner or person in charge of such animal, if known, notice of the facts of his impounding in twenty-four hours, and the amount of damage committed, and the cost 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 the damages claimed for the forthcoming of such animals to answer any judgment that may be obtained against him in any suit, to be approved by the Justice of the Peace or Notary Public and ex-officio Justice of the Peace of the district in which said trespass was committed. If the parties shall fail to agree upon the amount of damages and expenses sustained, or the owner of such animal shall replevy them, as above provided, then the party may file his complaint in any Justice or other court having jurisdiction of the same, setting forth the amount claimed, and the subsequent proceedings in said suit, including the issuing and serving of process, shall be the same as in other suits before said courts, except that the said suit shall stand for trial at the first term of the court after the filing

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of the same. Any judgment that may be rendered in favor of the plaintiff in any suit originating under the provisions of this Act, shall have a special lien on the animal impounded from the date of the tre pass complained of, superior to all other liens except taxes, and may be enforced by executions as in other cases. Whenever any case shall be tried in a Justice Court and either party shall be dissatisfied with the judgment of the court, said party shall have the right to appeal or certiorari under the laws regulating appeals and continuances in other cases. Care of impounded stock. Impounded stock may be replevined. In case of disagreement as to damages, damaged party may recover by suit. Appeal. 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 impounding the same, or if the owner of said stock is known and fails or refuses to claim and take possession of said stock, as provided in the preceding section, in three days, they shall be disposed of as provided by law in cases of estrays, except that in the case any such animal or animals shall be sold under the provisions of the estray law, the proceeds of such sale, after the payment of cost, shall be applied first to the payment of damages sustained by the aggrieved party, including reasonable compensation for the impounding, feed, care and attention to such animal or animals. Disposition of impounded stock. SEC. V. Be it further enacted, That whenever any of said animals are impounded as hereinbefore prescribed, if any person or persons shall take them or cause them to be taken from said pound without the consent of the person or persons so impounding, or without first duly replevying them as provided in section third of this Act, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. county. Penalty for releasing impounded stock illegally. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 12, 1889.

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STOCK LAW FOR 777TH DISTRICT, G. M., RANDOLPH COUNTY. No. 300. An Act to require owners of horses, mules, cows, sheep, hogs and stock of all kinds to keep the same from running at large upon the lands of another in the 777th district, G. M., in Randolph county, Georgia; to define the liabilities of said owners, and the rights of persons damaged by said stock so running at large. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the twenty-fifth day of December, 1889, it shall not be lawful for any person owning or in charge of any horse, mule, cow, sheep, goat, hog, or stock of any kind, to permit the same to run at large upon the lands or premises of another in the 777th district, G. M., Randolph county, Georgia, 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 district of said county shall be liable for the actual damage which such animals shall commit upon the premises of another, whether such premises be enclosed or unenclosed, to be recovered as hereinafter provided. Unlawful to permit stock to run at large. Owners liable for damage. 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 district, in said county, upon the premises of another than the owner or manager, it shall be lawful for the owner or person in charge of such premises to impound such animal or animals, and retain them until the owner thereof shall make full satisfaction or reparation for the actual damage committed, including all cost and expenses in impounding and keeping the same, unless disposed of as hereinafter provided; Provided further, that the owner or person having in charge any of said animals so enumerated, shall be liable to the amount of said actual damages so committed, whether said animals be impounded or not. Authority to impound. Proviso. SEC. III. Be it further enacted, That, in case any animal shall be impounded under the provisions of this Act, it shall be the duty of the person impounding to give the said animals all necessary feed, care and attention, and it shall be his duty to give the owner or person in charge of said animal, if known, notice of the fact of such impounding in twenty-four hours, and the amount of damages committed, and the cost and expense 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

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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 the damages claimed, for the forthcoming of such animals to answer any judgment that may be obtained against him in any suit that may be commenced within one year from the date of such bond, said bond to be approved by the Justice of the Peace, or Notary Public, of the district in which the trespass was committed. If the parties shall fail to agree upon the amount of the damages and expenses sustained, or the owner of such animals shall replevy them as above provided, then the party may file his complaint in any Justice or other court having jurisdiction of the same, setting forth the amount claimed, and the subsequent proceedings in said suit, including the issuing and serving of process, shall be the same as in other suit; before said courts, except that the said suit shall stand for trial at the first term of the court after filing the same. Any judgment that may be rendered in favor of the plaintiff in any suit originating under the provisions of this Act shall have a special lien on the animal impounded from the date of the trespass complained of, superior to all other liens except taxes, and may be enforced by execution as in other cases. Whenever any case shall be tried in a Justice Court and either party shall be dissatisfied with the judgment of the court, said party shall have the right to appeal or certiorari under the laws regulating appeals and continuances in other cases. Care of impounded animals. In case of disagreement stock may be released by bond. Damaged party authorized to bring suit. Appeals. SEC. IV. Be it further enacted, That the person impounding such animal shall, within three days after the impounding, notify the owner thereof, if known, who shall take same away at once under terms and conditions imposed by this Act; and upon his refusal to take same, the person impounding may sell same after posting notice of same for five days at place of constable sales, and apply proceeds of such sale to the payment of expenses and damages sustained. In case the owner is not known nor cannot be notified, the animal or animals so impounded shall be disposed of as in case of estrays. The proceeds of the sale under said proceedings, after payment of cost, shall be applied to the expenses and damages incurred by the person impounding. Provides for sale of unclaimed stock. Proceeds of sale. SEC. V. Be it further enacted, That whenever any animal is impounded as herein prescribed, if any person or persons shall take or cause the same to be taken from such pound without the consent of the person impounding or without first duly replevying them as provided in the third section of this Act, such persons shall be

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guilty of a misdemeanor and on conviction thereof shall be punished as prescribed in 4310 of the Code. Penalty for illegally releasing impounded stock. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889. STOCK LAW FOR 431ST DISTRICT, G. M., CLAY COUNTY. No. 326. An Act to prevent the running at large upon the lands of another, whether enclosed or unenclosed, in the 431st District, G. M., Clay county, Georgia, of all horses, mules, cows, hogs, sheep, goats, and cattle and stock of all kinds; to provide penalties for its violation, and for other purposes. SECTION. I. Be it enacted by the General Assembly, That from and after the 1st day of January, eighteen hundred and ninety, it shall be unlawful for the owner of horses, mules, cows, hogs, sheep, goats, or stock of any other description, to allow the same to run at large upon the lands of another in the 431st District, G. M., in Clay county, whether enclosed or unenclosed. Unlawful to permit stock to run at large. SEC. II. Be it further enacted, That if any of the animals named in the foregoing section shall commit any trespass or damage to the crop or property of another, or shall be found running at large on the premises of another, whether such crops, property or premises be enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the amount of actual damage sustained by him; and the party injured, or the owner of said premises, his tenant or lessee, may impound said stock or cattle until such damages and all cost and expense of taking up and impounding the same shall have been paid by the owner of such cattle or stock. Owner of stock liable for damages caused by trespassing SEC. III. Be it further enacted, That in case any such animals shall have been impounded under the provisions of the foregoing section, the party so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation as hereinafter provided. It shall be his duty, within twenty-four hours after said stock or cattle shall have been taken up and impounded, to give notice thereof to the owner. If the owner, however, is not known or cannot be ascertained within three days

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after impounding such stock or cattle, they shall be disposed of as provided by law in cases of estrays, except that in case any such animals shall be disposed of, after payment of the legal cost and expense, the balance shall be applied first to the damages which such cattle or stock may have caused to the owners, or tenants, or lessees of lands, premises or crops thereon. Care of impounded stock. Sale of unclaimed stock. SEC. IV. Be it further enacted, That in case of disagreement between the party claimed to be damaged, or the taker-up of such animals, and the owner of the same as to the amount of damages sustained on account of the alleged trespass, or the expense of feed and attention, the party claiming said damages or expense may sue for the same as in other cases of trespass, in Justice Court, of any amount of Justice Court jurisdiction; Provided, nevertheless, that said suit shall stand for trial at the first term of the court to which it is brought; and, provided further, that a special lien upon the trespassing animals for the payment of the judgment obtained shall attach from the date of trespass. In case of disagreement damaged party may sue. Proviso. SEC. V. Be it further enacted, That in case of litigation as contemplated by the preceding section, the owner of said stock or cattle may replevy the same by giving bond, with good security, to be approved by the officer before whom the suit is brought, conditioned to pay plaintiff all damages and cost and expenses which may be recovered against him in said suit. In case of suit owner can replevin. SEC. VI. Be it further enacted, That whenever any of said animals are impounded as hereinbefore prescribed, if any person or persons shall take them or cause them to be taken from said pound without the consent of the person or persons so impounding, or without first duly replevying them as provided in section 5 of this Act, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code. Penalty for illegally releasing [Illegible Text] stock. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889.

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STOCK LAW FOR 785TH DISTRICT, G. M., SCHLEY COUNTY. No. 331. An Act to better protect the lands and farming interest of the 785th district, G. M., known as Lickskillet district, of Georgia, Schley county, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act that it shall not be lawful for any horse, mule cow, or hog, or any other domestic animal used, or fit for either labor or food to run at large within the 785th district, Georgia Militia, of Schley county. Unlaw'ul for stock to run at large. SEC. II. Be it further enacted, That if any stock enumerated in the first section of this Act shall be found running at large on the lands of any person, whether owner, lessee or renter, within said district, that the owner or owners, lessee or renter of said land shall be authorized to impound said stock, and dispose of them as is prescribed for in sections 1451, 1452, 1453 and 1454 of the Code of 1882. Authority to impound stock. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889. STOCK LAW FOR SUMTER COUNTY. No. 357. An Act to prevent the running at large of live stock in Sumter County. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the first day of January, 1890, 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 Sumter county, in this State, beyond the limits of the land of its owner or manager; and any person owning or having in charge any of the animals above enumerated, who shall permit the same to run at large in said county shall be liable for all damages

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which such animal or animals may commit upon the premises of another, whether such premises be enclosed or unenclosed, to be recovered as [Illegible Text] provided. Unlawful to permit stock to run at large. SEC. II. Be it further enacted by authority of the same, That on an after the first day of January, 1890, sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code of Georgia of 1882, shall be of full force and effect within the limits of the county of Sumter in said State, and on and after said date each of the provisions contained in said six sections of the Code shall be in full force and effect within the limits of said county of Sumter, to the same extent as if the whole of said several sections had been set out in this Act. Certain sections of the Code made part of this Act. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved October 3, 1889. PROVIDING FOR NO FENCE LAW FOR CERTAIN PORTIONS OF THOMAS COUNTY. No. 411. An Act to have a no fence law in the following parts of Thomas county, to-wit: All that part bounded on the north by the Savannah, Florida and Western Railway, on east by Brooks county, on south by Florida, and on west by the Ochlockonee river. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of March, 1890, it shall not be lawful for the owner or owners of any horse, mule, cow or cattle, hog, sheep, goat, or stock of any kind, to allow the same to run at large upon the lands of another, whether enclosed or unenclosed, lying in that portion of Thomas county east of the Ochlockonee river and south of the Savannah, Florida and Western Railway, the northern boundary of said tract being the northern boundary of the right-of-way of the main line of said railway. Unlawful to permit stock to run at large. SEC. II. Be it further enacted by authority aforesaid, That if any of the animals named in the foregoing section shall commit any trespass or damage to the crop or property of another, or shall be found running at large upon the premises of another, whether such crop, premises or property be enclosed or unenclosed, the owner of said stock or animals shall be liable to the person damaged in the

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amount of actual damages sustained by him, and the party injured or the owner of said premises, his tenant or lessees, may impound said stock or cattle until such damages and all costs and expenses of taking up and impounding the same shall have been paid by the owner of such cattle or stock. Owner of stock liable for any damage caused. SEC. III. Be it further enacted by the authority aforesaid, That in the event any such animal or animals shall have been impounded under the provisions of the above section, the parties so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation as hereinafter provided. It shall be his duty, within twenty-four hours after such stock or cattle shall have been taken up and impounded, to give notice thereof to the owner. If the owner is not known, and cannot be ascertained within six days after the impounding of such stock or cattle, they shall be disposed of as now provided by law in cases of estrays, except that in case any such animals shall be disposed of, after the payment of legal costs and expenses the balance shall be applied first to damages which such stock or animals may have caused to the owner or owners, tenants or lessees of lands, premises, or crops thereon. Care of impounded stock. Sale of unclaimed stock. SEC. IV. Be it likewise enacted by the authority aforesaid, That in case of disagreement between the party claiming to be damaged or the taker-up of such stock or animals and the owner of the same as to the amount of the damages sustained on account of the alleged damage or trespass, or the expense of the feed and attention, the party claiming said damages or expenses may sue for the same as in other cases of trespass; Provided, that said suit shall stand for trial at the first term of the court to which it is brought; and, provided further, that a special lien shall attach upon the trespassing stock or animals from the date of the trespass for the payment of the judgment obtained in said suit. In case of disagreement, damaged party may sue to recover. SEC. V. Be it further enacted by the authority aforesaid, That in case of litigation, as contemplated by the preceding section, the owner of said stock or animals may replevy the same by giving bond with good security, to be approved by the officers, Judge or Justice, before whom the suit is brought, conditioned to pay plaintiff all damages and costs and expenses which may be recovered against him in said suit. In case of suit stock may be released under bond of owner. SEC. VI. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until after the same shall have been adopted by a majority of all the freeholders who are voters resident in that portion of the territory described in the first section of this Act shall have voted For Stock Law at an election to be held at all the election precincts embraced in said territory and at the court

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house in Thomasville for that portion of the 637th district, G. M., in said territory, said election to be held on the first Saturday in December, 1889, under the rules governing elections for members of the General Assembly, except that the polls shall be closed at three p. m., and the returns made to the Ordinary of said county, who shall declare the result by publication once in each of the papers published in said connty. At said election all parties favoring the adoption of this Act shall have printed or written on their tickets For Stock Law, and those opposed Against Stock Law. Act must be adopted by majority of free-holders. Ballots. SEC. VII. Be it further enacted by the authority aforesaid, That should the Savannah, Florida and Western Railway Company agree to run a lawful fence along the northern boundary of its right-of-way on its main line, outside the limits of incorporated towns, from the Brooks county line to the Ochlockonee River, and should put up said fence, then said railway company shall be relieved from all liability for stock killed on said portion of their road. If S. F. W. R. R. builds fence along line, etc. SEC. VIII. Be it further enacted by the authority aforesaid, That when the county authorities shall have erected proper and substantial gates across all public roads, and the parties having private ways crossing from the north to the south side of said railway shall have put up proper and substantial gates across them, then any party or parties who shall willfully leave any one or more gates open shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. The erection of the gates above referred to is hereby made obligatory on the county authorities as to the public roads, and on the parties having private ways, and in default thereof the railway company shall fence across private ways. Public gates. Penalty for leaving gates open. SEC. IX. Be it further enacted, That any party willfully damaging or interfering with the fencing or gates or any part or parts thereof hereinbefore mentioned shall be guilty of a misdemeanor, and be fined according to section 4310 of Code 1882, and the fines shall be kept in a separate fund by the Treasurer of Thomas county to be used in keeping up said fencing and gates. Penalty for damaging fences or gates. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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STOCK LAW FOR 998TH DISTRICT, G. M., RANDOLPH COUNTY. No. 442. An Act to prevent the running at large upon the lands of another, whether enclosed or unenclosed, in the 998th District, G. M., Randolph county, Georgia, of all horses, mules, cows, hogs, sheep, goats and cattle, and stock of all kinds; to provide penalties for ite violation, and for other purposes. SECTION I. Be it enacted by the General Assembly, That from and after the first day of January, 1890, it shall be unlawful for the owners of horses, mules, cows, hogs, sheep and goats, or stock of any other description, to allow the same to run at large upon the lands of another in the 998th District, G. M., in Randolph county, whether enclosed or unenclosed. Unlawful for owners to permit stock to run at large. SEC. II. Be it further enacted, That if any of the animals named in the foregoing section shall commit any trespass or damage to the crop or property of another, or shall be found running at large on the premises of another, whether such crops, property or premises be enclosed or unenclosed, the owner of said stock shall be liable to the person damaged in the amount of actual damage sustained by him; and the party injured, or the owner of said premises, his tenant or lessee, may impound said stock or cattle until such damages and all cost and expense of taking up and impounding the same shall have been paid by the owner of such cattle or stock. Owner of stock liable for damages, etc. SEC. III. Be it further enacted, That, in case any such animals shall have been impounded under the provisions of the foregoing section, the party so impounding shall give them all necessary care, feed and attention, for which he shall have reasonable compensation, as hereinafter provided. It shall be his duty, within twenty-four hours after said stock or cattle shall have been taken up and impounded, to give notice thereof to the owner. If the owner, however, is not known, or cannot be ascertained within three days after impounding of such stock or cattle, they shall be disposed of as provided by law in cases of estrays, except that in case any such animals shall be disposed of after payment of the legal cost and expense, the balance shall be applied, first, to the damages which such cattle or stock may have caused to the owners, or tenants, or lessees of lands, premises or crops thereon. Care of impounded stock. Sale of unclaimed stock. SEC. IV. Be it further enacted, That in case of disagreement between the party claimed to be damaged or the taker-up of such

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animals and the owner of the same as to the amount of damages sustained on account of the alleged trespass, or the expense of feed and attention, the party claiming said damage or expense may sue for the same, as in other cases of trespass in Justice Court, of any amount of Justice Court jurisdiction; Provided, nevertheless, that said suit shall stand for trial at the first term of the court to which it is brought; and provided, further, that a special lien upon the trespassing animals for the payment of the judgment obtained shall attach from the date of the trespass. In case of disagreement damaged party may sue for damages. SEC. V. Be it further enacted, That in cases of litigation, as contemplated in the preceding section, the owner of said stock or cattle may replevy the same by giving bond with good security, to be approved by the officer before whom the suit is brought, conditioned to pay plaintiff all damages and cost and expenses which may be recovered against him in said suit. Stock may be released by owner making bond. SEC. VI. Be it further enacted, That whenever any of said animals are impounded, as hereinbefore prescribed, if any person or persons shall take them or cause them to be taken from said pound without the consent of the person or persons so impounding, or without first duly replevying them as provided in section 5 of this Act, shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code. Penalty for illegally releasing impounded stock. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889. TO MAKE OPERATIVE STOCK LAW OF 1334TH DISTRICT, G. M., RANDOLPH COUNTY. No. 475. An Act to make operative the provisions of the stock law, as to the 1334th District, G. M., of Randolph county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of March next, the provisions of section 1449, 1450, 1451, 1452, 1453 and 1454 of the Revised Code of Georgia be, and the same shall become operative within the limits of the 1334th District, G. M., of Randolph Certain sections of the Code made operative. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889.

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TO MAKE OPERATIVE STOCK LAW FOR 934TH DISTRICT, G. M., RANDOLPH COUNTY. No. 512. An Act to make operative the provisions of the stock law as to the 934th district, G. M., Randolph county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of March next the provisions of section 1449, 1450, 1451, 1452, 1453, and 1454 of the Revised Code of Georgia be, and the same shall become operative within the limit of the 934th district, G. M., of Randolph county. To make operative stock law. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. STOCK LAW FOR 785TH DISTRICT, G. M., FORSYTH COUNTY. No. 542. An Act for the adoption of the Stock Law in the 885th district, G. M., of Forsyth county, and the second district of Dougherty 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 sections 1449, 1450, 1451, 1452, 1453 and 1454, of the Code of Georgia of 1882, be, and the same are hereby declared of force in the 885th district, G. M., of Forsyth county, and the second district of Dougherty county. To take effect January 18th, 1890. Stock law made operative. SEC. II. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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STOCK LAW FOR CERTAIN DISTRICTS OF CHATTAHOOCHEE COUNTY. No. 705. An Act to prevent the running at large in Chattahoochee county, Georgia, (except Nos. 1107 and 1108 militia districts), 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, and it is hereby enacted by the authority of the same, That from and after March 1st, 1890, 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 Chattahoochee county, except the 1107th and 1108th districts 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, except the 1107th and 1108th districts, shall be liable for all damages which such animal or animals may commit upon the premises of another, whether such premises be enclosed or unenclosed, to be recovered as hereinafter provided. Unlawful to permit stock to run at large. Owners of stock liable for damage. SEC. II. Be it further enacted by the authority aforesaid, That if any animal or animals enumerated in the foregoing section shall commit any trespass, or shall be going at large in said county, except the 1107th and 1108th districts, upon the premises of any other person than the owner or manager, it shall be lawful for the owner or person in charge of such premises to impound such animal or animals and retain them until the owner thereof shall make full satisfaction and reparation in damages committed, including all costs and expenses in impounding and keeping the same, unless disposed of as hereinafter provided. Authority to impound animals. SEC. III. Be it further enacted by the authority aforesaid, That in case any animal or animals shall be impounded under the provisions of this Act, it shall be the duty of the person impounding to give to said animal or animals all necessary feed, care and attention, and it shall be his duty to give the owner or person in charge of such animal or 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 or refuse to pay the same, then the owner of such animal or animals

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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 in said county, setting forth the amount claimed; whereupon such Justice shall issue a summons, as in other suits, returnable within five days from date thereof, requiring the owner or claimant of such animal or animals to appear at a time and place named, and which shall be served as other summons, at least three days before the time of hearing, when such Justice shall proceed to hear evidence and give judgment against such owner or claimant for such damages as shall appear reasonable and just, including the expenses of impounding, care and feed of such animals, which shall be enforced by execution, levy and sale, as other judgments of such Justice; Provided, nothing in this Act shall be so construed as to deny the parties litigant the right to appeal under the law governing appeals; and, provided further, that a special lien upon the trespassing stock or animals for the payment of the judgment obtained shall attach from the date of trespass. Care of impounded stock. Impounded stock may be released by owner making bond. Injured party may sue for damages. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That if the person impounding such animals shall not know, or cannot 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 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, care and feed to such animal or animals. Unclaimed stock may be sold. SEC. V. Be it further enacted, That whenever any of said animals are impounded as hereinbefore prescribed, if any person or persons shall take them or cause them to be taken from said pound without the consent of the person or persons so impounding, or without first duly replevying them as provided in section three of this Act, he, she or they shall be guilty of a misdemeanor, and on conviction, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty for illegally releasing impounded stock.

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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 November 12, 1889. TO MAKE OPERATIVE STOCK LAW FOR 941ST DISTRICT. G. M., TERRELL COUNTY. No. 715. An Act to make operative the provisions of the stock law as to the 941st District, G. M., of Terrell county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of March next, the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Revised Code of Georgia be, and the same shall become, operative within the limits of the 941st district, G. M., of Terrell county, situated and lying on the west side of Echaway Notchaway Creek. Making certain sections of Code operative. 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 November 12, 1889. STOCK LAW FOR JACKSON COUNTY. No. 788. An Act to prohibit stock drovers and others from allowing horses, cows, hogs, sheep and other like animals from trespassing upon the fields, crop or crops of another in the county of Jackson; to provide the amount of damage to be assessed for such trespassing, 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, no persons driving or herding cows, horses, hogs, sheep or other like animals in the county of Jackson shall allow said animals to trespass upon the fields, crop or crops of another. Unlawful to allow stock to run at large.

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SEC. II. Be it further enacted, That any one violating the provisions of the foregoing section shall be liable to the owner of such field, crop or crops in the amount of three (3) times the amount of damage done by such trespassing animal or animals. In the event of disagreement between the parties as to the amount of such damage, the owner of such field, crop or crops shall have for his remedy that defined in section 1454 of the Code of Georgia of 1882, and the judgment rendered in such case shall be for three (3) times the amount of actual damage shown to be done by such trespassing animal or animals, and the judgment rendered in the case shall have a special lien upon such trespassing animal or animals, whether impounded or not. Owner of stock committing depredatious liable for damages. 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 November 13, 1889

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TITLE VIII. EDUCATION. ACTS. Public school houses for Monticello. Public school system for Forsyth. Public school system for Conyers. System of public schools for Decatur. Public school system for Perry. System of public schools for Fort Valley. Public Academy for Fairburn. Public School system for Lumpkin. Public Academy for Louisville. Public school system for Dawson. Academy for Lincolnton. System of public schools for Madison. Public school buildings for Camilla. Amending school system of Quitman. Amending public school system of Carrollton. Public school system for Emanuel county. System of public schools for Social Circle. System of public schools for Austell. Public school system for Cuthbert. Public school system for Monroe county. System of public schools for Sparta. System of public schools for Montezuma.

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PUBLIC SCHOOL HOUSES FOR MONTICELLO. No. 182. An Act to authorize the Mayor and Council of the town of Monticello to issue bonds and provide for the payment of the principal and interest on the same by local taxation, for the purpose of constructing and furnishing a school house for the whites and for the colored people, and to purchase suitable real estate for such house or houses, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That there shall be an election held at the court house in the town of Monticello on the second day of February, 1890, which election shall be held and returns thereof made in the same manner as elections are held for Mayor and Aldermen of said town, and the qualification of voters at said election shall be the same as required by law at elections for Mayor and Aldermen. All persons voting at said elections shall have written or printed on their ballots the words, For issuing bonds, or the words Against issuing bonds. And if it shall appear to the Mayor and Aldermen that two-thirds of the qualified voters residing in said town have voted for issuing bonds, the said Mayor and Aldermen are hereby authorized to issue bonds, provide for the payment of the same upon the conditions, and for other purposes herein prescribed. Authority to hold election. Ballots. Authority to issue 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, the present trustees, or their successors, of the Monticello white school, shall establish two schools, one for the education of the white children and one for the education of the colored children, and employ teachers for each and by contract fix annually the salaries of the teachers. If bonds are issued public schools may be established SEC. III. Be it further enacted, That for the purpose of enabling the Board of Trustees to buy suitable real estate, and to purchase, build or repair suitable school houses, and to supply the same with suitable furniture, apparatus, etc., the Mayor and Council of the town of Moticello are authorized to issue bonds of said town, not exceeding in amount the sum of thirty-five hundred dollars, to run for not exceeding fifteen years, bearing interest at 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 each, and shall be signed by the Mayor and countersigned by the Treasurer; shall bear the corporate seal of

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the town; shall have coupons attached to them for each installment of interest, which coupons shall be signed by the Treasurer, and the principal and interest coupons shall be payable at maturity on presentation to the Town Treasurer; 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 said Board of Trustees may require for the purposes specified in this section, and said Mayor and Aldermen may deem necessary. Authority to issue bonds. 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 provide for the payment of the principal when the same may become due, said Mayor and Aldermen may set apart from the funds raised annually by taxation, as hereinfter mentioned, a sufficient amount to meet the interest on the school bonds falling due, and said Mayor and Aldermen shall have the right, after the expiration of five years, to retire one-half of said bonds, and at the expiration of the succeeding five years shall have the right to call in the remaining half of said bonds. Said bonds shall have printed on their face the right of said town to call in the same in the manner and at the time specified. Provides for interest on bonds. SEC. V. Be it further enacted, That the Mayor and Council of said town be and they are hereby authorized and required to levy and collect such tax upon the taxable property in said town as will be necessary to carry out the provisions of this Act, and to adopt such methods in reference to a fair and equitable assessment of said property for taxes, as they may deem wise and just. Taxes for school purposes. SEC. VI. Be it further enacted, That the members of said board shall have power and authority to fill all vacancies which may occur [Illegible Text] its body by death, resignation, removal from said town, or otherwise; and in case, for any cause, the members of said board shall be reduced below a quorum of the original membership, then it shall be the duty of said Mayor and Council to appoint a new Board of Trustees. Filling vacancies. SEC. VII. Be it further enacted, That the title to all property purchased or acquired by 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 Town Treasurer shall be ex-officio Treasurer of each of said boards, but shall not be a member of either of said boards; and, in addition to his bond as Town Treasurer, shall also give bond and security for the faithful performance of his duties as such Treasurer, to be judged of by said Board of Trustees. Officers of Board of Education Treasurer shall give bond.

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SEC. VIII. Be it further enacted, That no sum raised under this Act, except the sum set apart for the payment of the principal and interest on said bonds, shall be paid out by said Treasurer, except upon such claims for property purchased or work done as have been audited by said board, and upon approval of the Mayor of said town; 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 town, and to notify the Board of Trustees approving said claim of the time and place of meeting, to decide upon the correctness and justness thereof. Disbursement of funds. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 2, 1889. PUBLIC SCHOOL SYSTEM FOR FORSYTH. No. 248. An Act to create a public school system for the city of Forsyth, in the county of Monroe; to provide for the maintenance and support of the same by taxation and otherwise; to create a Board of Education, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, The corporate authorities of the city of Forsyth having so recommended that there shall be established in the city of Forsyth, in the county of Monroe, a system of public schools to be maintained and conducted as hereinafter prescribed. System of public schools authorized. SEC. II. Be it further enacted, That on a petition of one-third of the legally qualified voters of the city of Forsyth, (to be determined by the vote in the general municipal election mext preceding the application,) the Mayor and City Council shall order an election to be held to determine the question of establishing and maintaining a system of public schools in said city. All persons shall be entitled to vote at said election who are entitled to vote in the municipal elections in said city, and under the general qualifications prescribed by the Constitution of the State of Georgia; and those favoring said public school system shall have written on their ballots For Public Schools, and those opposed shall have written on

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their ballots Against Public Schools. Said election shall be held as elections for Mayor and City Council, and ten days' notice of the same shall be given by publication in the Monroe Advertiser, and by posting the same on the court house door in said city. And if two thirds of the legally qualified votes in said city shall be east at said election for public schools, then this Act shall become operative. There shall not be an election held more than once in twelve months, if the result should be against public schools. At the expiration of two years after the establishment of said system on the application of one-third of the qualified voters of said city of Forsyth, (to be determined by the vote cast in the general municipal election next preceding said application,) the Mayor and Council shall order an election to be held under the same terms and conditions as the election provided in this section, to determine the question of abolishing said system, at which election all persons in favor of continuing said schools shall have written on their ballots Against Repeal, and those in favor of abolishing said schools shall have written on their ballots For Repeal, and if a majority of the legally qualified votes cast at said election shall be For Repeal, the system provided for in this Act shall be abolished; but if a majority be Against Repeal, then the system shall be continued. Election may be ordered. Who may vote. Ballots. Other elections. Ballots. SEC. III. Be it further enacted, That at said election there shall also be elected a Board of Education, consisting of five persons, citizens of said city, and any person eligible for the office of Mayor or Member of the Council shall be eligible as a member of said board. The members of said board shall hold their office until the first day of August, 1891, or until their successors are elected and qualified, and on the first Saturday in July, 1891, and on the first Saturday in July every two years thereafter there shall be held an election for members of said Board of Education, under the same terms and conditions as elections for Mayor or Members of the Council, and said members shall hold their office for the term of two years, or until their successors are elected and qualified. The term of office of said members shall begin on the first day of August after their election. The said board shall have the power to sue and be sued; to take and hold real and personal property that they may acquire by purchase, donation or otherwise, in trust for the said purposes set forth in this Act; to go to the city of Forsyth in case the system of public schools is repealed; Provided, that all property donated shall be subject to the conditions and limitations specified in the deed of gift. Board of Education. How elected. Powers of the Board. Proviso. SEC. IV. Be it further enacted, That said board shall elect a President, a Secretary and Treasurer from their number, (but the

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duties of the last two offices may be performed by the same person) who shall perform such duties as may be required of them by the board. The Secretary and the Treasurer shall give such bond, with good security, in an amount to be determined by the board, conditioned for the faithful performance of their duties, and for the safe keeping and proper disbursement of the funds raised or received by said board for school purposes. He shall not pay out any money except upon order of the board. If vacancies occur on said board they shall be filled by election by the people, unless the same occur within six months of the expiration of the term of office, in which case they shall be filled by an election by the board. Officers of the Board. Treasurer shall give bond. Vacancies. SEC. V. Be it further enacted, That said board shall have the power to determine the length of the scholastic term, its beginning and close; may adopt such a system and course of study as they may deem proper, and may make such arrangements, either with the educational institutions now in operation in said city or otherwise, as they deem necessary and proper to carry out the purposes of this Act; they may charge such entrance fee, not exceeding ten dollars per annum, and may provide for the admission of children who reside outside the city limits on the payment of such fees as the board may fix. Said board may provide a course of instruction for students who desire to engage in studies other than those usually included in an English education; but such students must pay such fees as the board may prescribe in addition to what is paid under the public school system established by this Act. Said board shall require the teachers selected under this Act to make out a list of the children in attendance under this Act, giving their names, ages and residences. Non-resident pupils, whose parents or guardians, or who themselves pay school tax within the town shall have a reduction from the tuition charged such non-resident pupils equal to the amount of the tax so paid, but if the amount of said tax exceeds the tuition charged such non-resident pupils, then said pupils shall pay the entrance fee charged resident pupils. Duties of Board of Education. Tuition. SEC. VI. Be it further enacted, That said board shall, as early as practicable after the beginning of the scholastic year, determine what amount of money is necessary to defray the expenses of running said schools for the ensuing year, and shall lay the same before the Mayor and City Council, who shall proceed at once to levy and collect the same, and, when collected, shall be turned over to the said board, which shall expend the same in carrying out the purposes of this Act; Provided, that the rate of taxation under this Act shall not exceed one-half of one per cent. per annum. Authority to levy school tax.

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SEC. VII. Be it further enacted, That the School Commissioner of said county of Monroe shall pay over to the officer designated by the board the pro rata share of the State and county school fund coming to the children taught in the schools established under this Act, to be by said board expended in the maintenance of said schools; and the board shall require the teachers to make out a list of the children entitled to said fund, that the same may be estimated and properly distributed. State and county fund. SEC. VIII. Be it further enacted, The said board shall make arrangements to teach all the children in said city in the course of study they may prescribe, according to the provisions of the fifth section of this Act; and the said board is vested with all the powers necessary to accomplish this purpose, not inconsistent with this Act and the Constitution of said State, including the election of Superintendent, and the employment of teachers, if the same should be necessary; but there shall be separate schools for the whites and the blacks, and the sexes shall be taught separately; Provided, the same can be done without the erection or purchase of buildings. Duties of Board of Education Proviso. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 2, 1889. PUBLIC SCHOOL SYSTEM FOR CONYERS. No. 272. An Act to establish a system of public schools in the city of Conyers, Georgia; to empower the Mayor and Council of said city to levy and collect a tax for the support and maintenance thereof; to provide for the issuance of bonds of said city for the purpose of purchasing school property, building school houses, etc.; to create a Board of School Commissioners for said city; to authorize the county School Commissioner of Rockdale county to pay or turn over to said school board such part of the State school funds as may be the first pro rata share of said city, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That there shall be established in the city of Conyers, of Rockdale county, a system of public schools, to be conducted and maintained as hereinafter prescribed. Public school system established.

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SEC. II. Be it further enacted by the authority aforesaid, That there shall be a Board of School Commissioners for said city, consisting of six members, who shall be elected by the qualified voters of said city on the first Saturday in December, A. D. 1889. The term of the two receiving the highest number of votes shall expire on the first Monday in January, 1893; the term of the next two receiving the next number of votes shall expire on first Monday in January, 1892; the term of the next two to expire on first Monday in January, 1891, and their successors shall be elected by the legal voters of said city at the election for Mayor and Aldermen next preceding the expiration of their several terms (and the terms of the members of said board, after the first, shall be three years, unless to fill an unexpired term), and on failure to elect at any regular election, they shall hold until their successors are elected and qualified, and for which a special election may be ordered after thirty days' notice by the Mayor and Alderman of said city. Said Board of School Commissioners shall have power to fill vacancies in their body, to hold until an election is held; but no one shall be eligible to the office of said board who is not twenty-one years of age, and who has not been a bona fide citizen and resident of the same for twelve months next preceding his election. Board of School Commissioners. Term of office. Vacancies. SEC. III. Be it further enacted, That before the members of said Board of School Commissioners enter upon their duties as such, they shall take and subscribe to the oath required of the members of the County Board of Education. Oath of office. SEC. IV. Be it further enacted, That said School Board shall keep a record of all their proceedings; shall elect from their own body a President, a Secretary, and Treasurer. Said Treasurer shall give bond in such amount, with such securities as said board may require, payable to their body, for the faithful discharge of all his duties. Officers of School Board. SEC. V. Be it further enacted, That the said board shall supervise, regulate and make efficient said school system; shall have power to make rules for the government of themselves, the teachers and pupils of said schools; to establish grades therein and prescribe the studies thereof; employ, fix the salaries and pay the teachers thereof, and to provide for the necessary convenience and appliances of said schools, and to do all lawful acts necessary to the proper operation of said schools; and are authorized to hold and apply any grants or donation of money or property made by any person or corporation for the benefit of said schools. Duties of the Board. SEC. VI. Be it further enacted, That the said board shall have power, and it shall be their duty, to establish under this bill in said

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city, separate schools for the whites and the blacks, (and not more than one for each) out of the funds arising from taxation bonds hereinafter provided for, with which they are to procure suitable lots and erect suitable buildings thereon, and furnish and equip the same for said schools, and keep a record of said bonds which shall be open to the inspection of the citizens of said city. They shall make a report to the Mayor and Council of said city of their receipts and disbursements at such time or times as said Mayor and Aldermen may require. Authority to establish schools. SEC. VII. Be it further enacted, That the Mayor and Aldermen of said city of Conyers are hereby authorized to levy and collect annually a tax, in addition to that now allowed by law, not to exceed five-tenths of one per cent. on the taxable property of said city, for the purpose of establishing and maintaining said public schools, not less thanfour nor longer than ten months in each year; said funds to be used only for the purposes aforesaid. Authority to levy school tax. SEC. VIII. Be it further enacted, That all children between the ages of six and eighteen years, whose parents, guardians or natural protectors, bona fide, residing within the corporate limits of said city, shall be entitled to the benefit of said school; Provided, an admission fee not to exceed two dollars per annum for each child may be required from the parents, guardian or natural protector of each child attending said public school; and the said Mayor and Aldermen may also admit children of like ages into said schools, whose parents, guardians or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition as they may deem reasonable and proper; and that the said Mayor and Aldermen may provide for the admission of pupils over eighteen years of age in said schools, whether residents of said city or not, on such terms and rules as to tuition, etc., as they may think proper and right. Funds so raised under this section shall be applied alone to the maintenance of said public schools in said city. Beneficiaries of public schools. Proviso. SEC. IX. Be it further enacted, That the County School Commissioner of Rockdale county is hereby authorized and required to pay over to the Mayor and Aldermen of Conyers, for the use of said public schools therein, under such rules and regulations as said Mayor and Aldermen may prescribe, the just and full proportion of the common school fund arising from any and all sources, belonging to or due said city, to be by them, said Mayor and Aldermen, expended in the establishment and maintenance of said public schools in said city, as may be authorized by the Constitution and laws of the State. State and county school fund.

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SEC. X. And be it further enacted, That before this Act shall become operative it shall be submitted to the qualified voters of said city, for which purpose the Mayor and Aldermen thereof shall order an election, of which thirty days' notice thereof shall be given in the public gazette of said city, which election shall be held under the same rules and regulations as that required for Mayor and Aldermen, and the qualification of voters shall be the same. Those in favor of public schools shall have written or printed on their tickets, For Public Schools, and those opposed shall have written or printed on their tickets the words Against Public Schools. The managers of said election shall make returns thereof to the Mayor and Aldermen of said city, who shall, on the first opportunity, open said returns and declare the result thereof; and if two-thirds of the qualified voters of said city, or two-thirds of those voting, shall be for public schools, then the Mayor and Aldermen shall immediately declare the result, and this Act shall take effect immediately. Should this bill fail of adoption, the said Mayor and Aldermen may submit the same to another election, under the same rules and regulations as the first, after the expiration of twelve months between said elections; Provided, thirty of the qualified voters of said city shall petition the Mayor and Aldermen thereof for the same. Question must be submitted to qualified voters. Ballots. If two-thirds of voters favor public schools the system shall go into effect. SEC. XI. Be it further enacted, That should the result of said election favor said public school system the Mayor and Aldermen of said city shall, and they are hereby authorized, to issue bonds of said town, to be signed by the Mayor and Clerk thereof, for a sum in the aggregate not to exceed ten thousand dollars, and of denominations not less than fifty nor more than one hundred dollars, and to bear interest at the rate of not more than six per cent. per annum, and to be known as the Conyers School Bonds, payable annually on or by the fifteenth of December of each year, or at such other time or times for the maturity of said bonds as said Mayor and Aldermen may direct, and as to the amount of each as they may determine, so that the last of said bonds may fall due within thirty years after their issue; and that the Mayor and Aldermen shall be, and are empowered at and before the issuing said bonds, to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of the said bonds as the same may severally fall due; Provided, the tax for said purpose shall not exceed for any one year the sum of the principal and interest of said bonds falling due said year. Said bonds shall be turned over to the Board of School Commissioners, or to their Treasurer, as they may order, to be negotiated by them at not less than par, and without expense to the city, and the proceeds applied by said board

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to procuring suitable lots and erecting suitable buildings thereon for said public schools and furnishing and equipping the same, as provided for in section six of this Act, and for no other purpose. Authority to issue bonds. Tax to meet said bonds. Proviso. Sale of bonds. SEC. XII. Be it further enacted, That section 11 shall not go into effect nor said bonds be issued until the question of their issuance shall have been submitted to the vote of the qualified voters of said city and approved by two-thirds of same. Said qualification, time, place and manner of said election, as that prescribed in section 10 of this Act for the establishment of public schools and return of said election, shall be made and declared as in said section 10, and result entered on the book of proceedings; Provided, that in case said questions shall be decided negatively, the Mayor and Aldermen are authorized to order other elections upon the same questions after the lapse of twelve months between the said elections. The ballots for said election shall have written or printed For the Issuing of Bonds or Against the Issuing of Bonds. Issuance of bonds must be approved by vote of the people. Ballots. SEC. XIII. Be it further enacted, That the matters embraced in sections 11 and 12 may be submitted to the voters of said city as a separate proposition before or simultaneous with the matters embraced in section 9 of this Act. Manner of deciding questions. SEC. XIV. Be it further enacted, That the Mayor and Aldermen of the city of Conyers are hereby empowered to pass any and all ordinances, by-laws, rules and regulations for the carrying out the provisions of this Act in levying and collecting the taxes and in issuing and selling the bonds, and in disbursing the same, mentioned in this bill. Ordinances and by-laws. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 11, 1889.

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SYSTEM OF PUBLIC SCHOOLS FOR DECATUR. No. 273. An Act to authorize the establishment of a system of public schools in the town of Decatur; to provide for acquiring property and buildings, and raising revenues to maintain said schools, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That within ten days after this Act shall be ratified by the voters of the town of Decatur, as hereinafter provided, the Mayor and Council of Decatur shall elect by ballot from the citizens of said town, who shall be freeholders therein, five persons who shall constitute the Board of Education for said town. At said election one of said persons shall be elected for a term of two years, two for four years, and two for six years, and thereafter their successors shall be elected for terms of six years. All vacancies in said board from death, resignation, removal from the town, or otherwise, shall be filled by the Mayor and Council at their first regular meeting after said vacancy occurs. Election of Board Education Term of office. SEC. II. That said Board of Education shall have authority to devise, design and adopt, a system of public schools in said town; to modify the same from time to time; to establish such schools as they may see proper; to prescribe the curriculum, appoint and employ teachers for said schools, and a superintendent of the same if deemed necessary; to suspend or remove such teachers and superintendent; to fix their compensation; to provide school houses by rent, building, purchase, or otherwise, in the discretion of said board; to make and hold titles to any such property; and to make such by-laws, rules and regulations for their own government and that of the superintendent, teachers and pupils of said schools as they may deem proper and not in conflict with the laws of this State; and to do any and all acts promotive of the best educational interests of said town, not in conflict with the provisions of this Act, or the laws of this State. Authority to establish system of public schools. SEC. III. That the officers of said board shall be a President, Vice-President, and a Treasurer, who shall also be Secretary of said board, and such other officers as the board may deem advisable, all of whom shall be elected by said board. The Treasurer shall be elected from said board, and shall give bond, with good security, in such sum as the board may fix. His compensation, if the board deems it proper to allow him any, shall be fixed by the

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board previous to his election. All the officers of said board shall hold their offices at the pleasure of said board. No member of the Board of Education shall be eligible to the office of Superintendent of Schools, or to the position of teacher therein. They shall serve without compensation. Officers of Board of Education Compensation. SEC. IV. That said Board of Education shall keep regular minutes of its proceedings, and shall furnish, from time to time, to the Mayor and Council, an estimate of the funds required for the maintenance of said schools, and shall make a report annually on the first Monday in August to said Mayor and Council of the condition of the public schools, the attendance thereon, the receipts and expenditures for the school year ending July 31st, with such other information and recommendations as they may deem proper, which report shall be published in the newspaper published in said town. Minutes. SEC. V. That the revenues derived by the town of Decatur from the following sources shall be appropriated to the support and maintenance of said public schools, and shall be, as collected by the corporate authorities thereof, turned over to said Board of Education, to-wit: 1st. All proceeds from the grant of licenses to sell spirituous liquors by said town authorities. 2nd. The town's pro rata share of the State School Fund. 3rd. The Mayor and Council shall levy such tax upon all the property in said town subject to taxation as will be sufficient, when added to the sums received from the above mentioned sources, to support and maintain said schools for at least nine scholastic months in each year, and shall collect the same by the first day of May, and pay it to said Board of Education; Provided, that said tax shall not exceed one-half of one per cent. per annum upon said taxable property. No part of said school tax shall be used for any other purpose than in the support and maintenance of public schools, or in providing furniture or buildings therefor. Sources of revenue for school fund. Proviso. SEC. VI. That said board shall be entitled to receive, and it shall be the duty of the County School Commissioners of DeKalb county to pay over to the said board, when received, the pro rata share of the State School Fund for said county belonging to said town, as based upon the total number of children of school age, whose parents or guardians live within said town. State school fund. SEC. VII. That authority is hereby granted to the Trustees of the Decatur Male and Female Academy to convey to said Board of Education the property, furniture and buildings now held by them; said property when so conveyed to be used by said board for school purposes, exclusively for the white children of said town; and that

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authority is also granted to the Trustees of any present or future colored school in said town to convey to said board property, buildings or furniture, for the use of colored children of said town. Authority to convey school buildings. SEC. VIII. Be it further enacted, That said Board of Education shall provide separate schools for the white and colored children, which said schools shall be kept open and free during not less than nine scholastic months in each year. All children in said town between the ages of six and eighteen years of age, whose parents or guardians are bona fide residents of said town, shall be entitled to the benefits of said schools under such regulations as the board may provide. Said board may also provide for the admission of children whose parents or guardians are not residents of said town upon the payment of such reasonable rates of tuition as said board may prescribe. Said board shall also require the payment in advance by all pupils of an incidental fee not to exceed five dollars for each scholastic year. The board, in its discretion, may vary the amount of this fee according to the grade of the scholar, but in no event shall it exceed five dollars per annum. Duties of the Board of Education. Incidental fee. SEC. IX. Be it further enacted, That the Mayor and Council shall, within thirty days after the approval of this Act, order an election, of which notice shall be given in the newspaper published at Decatur, for three weeks, and which shall be conducted as are elections for Mayor and Council in said town, and at which election the qualified voters resident within the corporate limits of said town shall be entitled to vote. At said election said voters shall have writen or printed on their ballots For Public Schools or Against Public Schools, and this Act shall not become operative unless two-thirds of the persons qualified to vote in said election shall cast their ballots For Public Schools. The Mayor and Council may order other elections on the same question from time to time; Provided, that said elections shall not be held oftener than once in twelve months. Election to establish public schools. Ballots. SEC. X. Be it enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved September 12, 1889.

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PUBLIC SCHOOL SYSTEM FOR PERRY. No. 308. An Act to establish a public school system for the town of Perry, Georgia; to appoint a Board of Education for said town; to provide for raising revenue to maintain said schools; to authorize and require the County School Commissioner of Houston county to pay over to the Board of Education of said town such part of the State School Funds as may be the pro rata share for all the children attending said schools, 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, there shall be established in the town of Perry, in said State, (the corporate authority of said town having so recommended), a system of public schools, the same to be established, conducted, maintained, supported and provided for in the manner hereinafter set forth. System of public schools established SEC. II. Be it further enacted, That C. F. Cooper, F. M. Houser, E. S. Wellons, L. S. Townsley, E. M. Fuller, R. N. Holtzclaw be, and are hereby appointed and constituted the Board of Education for the town of Perry. That said board shall fill all vacancies occurring in its body by death, resignation, removal from the said town, or otherwise, and three members of said board shall constitute a quorum for the transaction of all the duties and business of said board. Board of Education. SEC. III. Be it further enacted, That no member of said board shall reside without the corporate limits of the town of Perry; that the officers of said Board of Education shall be a President, who shall be ex-officio the Superintendent of Schools, and a Secretary and Treasurer; that no member of said board or officers thereof, except the Secretary and Treasurer, shall receive any compensation for their services; that the Secreatry and Treasurer shall receive a salary of fifty dollars per annum, and shall give bond in the sum of $1,000.00 for the faithful discharge of his duties, which said duties shall be designated by the Board of Education. The duties of the President shall be prescribed by the board. The President and Secretary and Treasurer shall hold their offices at the will of the board. Officers of the Board. Salaries. SEC. IV. Be it further enacted, That the duties of said Board of Education shall be to establish two schools in said town of Perry, one for the white children and one for the colored children, which

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shall be entirely distinct and separate; to provide school houses by building, rent, purchase or otherwise; to repair the same; to employ teachers; to prescribe the curriculum of said schools; to provide all necessary school furniture and educational appliances; to fix the salaries of teachers; to hold and make titles to any property that may be procured by purchase, lease, gift or otherwise; to make all such by-laws, rules and regulations for the government of the board and for the government of said schools, and for the receiving and paying out of school funds, as they may deem necessary, and are not in conflict with the laws of this State. Duties of the Board. SEC. V. Be it further enacted, That the necessary funds for establishing, conducting, maintaining and supporting said public schools shall be derived as follows, to-wit: 1st. The Town Council of Perry is hereby authorized, empowered and required to levy each year, after the passage of this Act, a special tax, as the Board of Education shall recommend, not to exceed three-fourths of one per cent. on all the property in said town subject to taxation by said town; to collect said tax and pay over the same to the Secretary and Treasurer of said Board of Education. 2d. The Town Council of Perry is hereby authorized, empowered and required to pay to the Secretary and Treasurer of said Board of Education all sums collected by the town authorities for licenses of all kinds for special taxes on businesses of any and all kinds. 3rd. The County School Commissioner of Houston county is hereby authorized, empowered and required to pay over to the Secretary and Treasurer of said Board of Education the pro rata share of the State School Fund for Houston county, for each child attending the schools established by said board, upon the presentation by said Secretary and Treasurer of a list of the pupils, with the number of days each attended school, certified to by the principals of said schools. 4th. The said Board of Education shall require each child, upon entering said schools, to pay to said board an incidental fee is cash of not more than $10 nor less than $3 per scholastic year; and that no child shall attend said schools or enjoy the benefits thereof in any manner until the required fee shall have been paid. Source of public school fund. State school fund. Incidental fee. SEC. VI. Be it further enacted, That all sums paid as abov erequired to said Secretary and Treasurer or Board of Education, shall constitute the public school fund, and shall be used and paid out by said Board of Education for the following purposes, to-wit: Payment of salaries of teachers; building, purchasing, leasing or renting school houses, and repairing and insuring the same; purchasing school furniture and educational appliances and repairing the same;

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payment of salary of Secretary and Treasurer, and for other purposes connected with and for the good of said schools. Public school fund. SEC. VII. Be it further enacted, That said schools shall be open for not less than six months nor longer than nine months in each year, and shall be free, except for payment of the incidental fee above provided for, to all children between the ages of 6 and 18 years, whose parents, guardians or natural protectors reside within the corporate limits of the town of Perry, and the children of non-residents and children over 18 and under 20 years of age may be admitted to said schools upon such terms as said board shall prescribe. Length of public school terms. Tuition. SEC. VIII. Be it further enacted, That any member of said Board of Education shall, for malfeasance or nonfeasance, be removed from office by a majority vote of the other members of said board, and his place filled immediately as heretofore provided. Cause for removal from Board of Education. SEC. IX. Be it further enacted, That the Board of Education of Houston county shall not establish or open any school within the corporate limits of Perry, nor have any authority or voice in the management of the schools therein established by the Board of Education of the town of Perry. County Board has no jurisdiction in Perry. SEC. X. Be it further enacted, That all contracts made by or with said Borad of Education of the town of Perry, shall, on the part of said board, be signed and executed by the President, Secretary and Treasurer of said board. Contracts. SEC. XI. Be it further enacted, That this Act shall be submitted to an election for approval or disapproval by the qualified voters of the town of Perry, on the first Tuesday in December, 1889. That notice of said election shall be by the Mayor of Perry, published in the newspaper published in Perry twice previous to said day of election. Those voters favoring this Act shall have written or printed on their ballots, For Public Schools, and those opposing shall have written or printed on their ballots, Against Public Schools. That said election shall be held in the same manner as elections for Mayor and Aldermen of the town of Perry are held, and the managers of said election shall certify the number of votes cast for public schools and against public schools to the Mayor and Aldermen of the town of Perry, and if two-thirds of the qualfied voters of said town shall vote for public schools, the Mayor of said town shall so declare in writing and publish his said declaration once in the newspaper published in Perry, and upon said publication this Act shall take effect and be of force, and the public schools herein provided for shall be put in operation as soon as deemed practicable by said Board of Education. Public school system must be ratified by vote of the people. Ballots. Manner of holding elections.

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SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are hereby repealed. Approved September 26, 1889. SYSTEM OF PUBLIC SCHOOLS FOR FORT VALLEY. No. 317. An Act to establish a system of public schools for the city of Fort Valley; to authorize and empower the corporate authorities of said city to levy and collect a tax for the support and maintenance thereof; to authorize the County School Commissioners of Houston county to pay over to Board of Commissioners of Public Schools of said city such part of the State School Fund as may be the proper pro rata amount on account of the pupils in said public schools, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That there shall be established in the city of Fort Valley, in the county of Houston, a system of public schools, to be established, conducted and maintained as hereinafter prescribed. System of public schools. SEC. II. Be it further enacted, That the Mayor and Council of said city shall order an eleetion on some convenient day in the month of November or December, 1889, (or, if prevented by any cause, then upon some other convenient date as soon as practicable thereafter), for the purpose of submitting to the voters of said city the question of adopting the provisions of this Act as to taxation for the support of public schools for said city. All persons who are qualified to vote for members of the General Assembly and who have resided six months in said city shall be entitled to vote in the election herein provided for. All voters who favor such local taxation for free schools shall have written or printed on their ballots the words For Free School, and those who are opposed shall have written or printed on their ballots the words Against Free Schools; and in case two-thirds of the qualified voters of said city shall vote for free schools, then it shall be the duty of the Mayor and Council of Fort Valley to raise by taxation a sum sufficient to carry out the purposes of this Act, the said taxation for school purposes not in any event to exceed one per centum upon the taxable property of said city. Notice of said election and the date thereof shall be published in the newspaper or newspapers published

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in Fort Valley, and by posting printed placards at at least four conspicuous places in said town. Authority to order an election. Qualified voters. Ballots. Taxation for school purposes. SEC. III. Be it further enacted, That in the event that the result of the election above mentioned shall be in favor of free schools by the prescribed majority of votes, then the Mayor of said city shall order an election to be held on the second Wednesday in January, 1890, (or if for any reason it shall not be so ordered or held on that date, then, in that event, on some subsequent date as early as practicable thereafter), for six (6) School Commissioners for said city, two weeks notice having been given in the paper or papers published in said town. This election shall be in all respects governed by the same rules and require the same qualifications in voters as prevail in elections for Mayor and Council of said town. Of the six commissioners so elected, two shall be elected to serve until the regular election of municipal officers of said town in 1892; two to serve until the regular municipal election in 1894, and two to serve until the regular municipal election in 1896. The method of designating which of the commissioners shall serve two years, which four and which six, shall be as follows: The two receiving the highest number of votes shall serve six years, the two receiving the next highest number of votes shall serve four years, and the two receiving the next highest number of votes shall serve two years. And in case of difficulty in so dividing said commissioners, by reason of a tie, the division shall in that case be made by lot as to the commissioners receiving the same number of votes. The names of the commissioners and the terms for which they are elected shall be duly published and kept on record upon the minutes of the City Council. At each of the regular municipal elections for the years 1892, 1894 and 1896, two commissioners shall be elected in the same manner as herein prescribed to succeed the commissioners whose terms expire at those times respectively, and the commissioners so elected shall hold their offices for a term of six (6) years from the date of their election, and any casual vacancies in the Board of School Commissioners shall be filled by a special election as now provided in case of vacancy in the Board of Aldermen, and the person so elected shall fill out the unexpired term of the former commissioners whose place they take. Election for school Commissioners. Term office. SEC. IV. Be it further enacted, That said Board of School Commissioners shall elect principals and teachers for the public schools of said city; shall prescribe salaries, select text-books, prescribe 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 as they may deem wise and

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proper. 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; and said board shall hold all property so purchased or acquired in trust for the use and benefit of said town for school purposes; and they are herein and hereby incorporated and made a body politic, with all the usual rights and liabilities as such in reference to suing and being sued in any of the courts of this State or the UnitedStates; said board may prescribe such incidental fee not exceeding ($5.00) five dollars per annum for the admission of children to said schools as said board shall deem best, and shall provide for the admission to said schools of children who reside outside the city, or of students not within the ages of six and eighteen years upon the payment of such tuition as the board may determine. To all pupils resident in said town, tuition shall be free in said schools with the exception of the entrance fee above mentioned, and said entrance fee shall be entirely in the discretion of said board, not, however, in any event to exceed said sum of five dollars for each pupil. 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 the English education, but students who pursue such studies must pay such tuition as the board shall determine to be proper, in addition to what is paid under the system of public schools to be established by this Act. Duties of the School Commissioners. Incidental fee. Tuition. SEC. V. Be it further enacted, That said Board of School Commissioners, as soon as elected and organized, and annually in the month of January thereafter, shall ascertain and determine what amount of money it will be proper to raise by taxation to defray the expenses of running said public schools, and for buildings, repairs and furnishings for the 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, and they shall be required, by appropriate action, to proceed to levy and collect the same; and when collected, the Treasurer of the City Council shall hold the same separate and apart from the other public money in his keeping as Treasurer of said Council, and subject to the order and disposal of the aforesaid Board of School Commissioners. The tax herein provided for shall be due and collectable by the first day of April in every year, and it shall be the duty of the Mayor and Council to collect said tax in such manner and at such times as to furnish for the use of the Board of Education the money raised by said tax as the needs of the public schools may require. Manner of raising money for school purposes. When due. SEC. VI. Be it further enacted, That the County School Commissioners of Houston county shall pay over to the Treasurer of

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the City Council of Fort Valley, for the use of the Board of School Commissioners of Fort Valley, the pro rata share of the State and County School Fund coming to said city, according to the number of pupils of school age in said public schools of said city; said amount so paid over to be expended under the direction of the Board of School Commissioners of Fort Valley for the purposes hereinbefore specified, to-wit: For the maintenance and support of said public schools in Fort Valley. State and county school fund. SEC. VII. 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. Beneficiaries of schools. SEC. VIII. Be it further enacted, That said Board of School Commissioners are hereby authorized to acquire, by gift, purchase or lease, land, buildings, money or other property, which it shall hold as a corporation in trust for the use of said city of Fort Valley for school purposes, in all instances taking deeds to real estate, to be so held in trust for the uses before mentioned. Authority to purchase property, etc. SEC. IX. Be it further enacted, That no one shall be eligible as a member of said board who is not twenty-five years of age, or who does not own property in said town to the value of five hundred dollars. Eligibility to office. SEC. X. Be it further enacted, That the method of conducting the election provided for in section 2 of this Act shall be the same as that of conducting other municipal elections in said town, except as pointed out in said section, and the result of said election shall be ascertained and published according to the same rules as in cases of election for municipal officers by the voters of Fort Valley. Manner of conducting elections. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1889.

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PUBLIC ACADEMY FOR FAIRBURN. No. 358. An Act to authorize the Mayor and Council of the town of Fairburn, Georgia, to levy such tax, in addition to that now allowed by law, which may be sufficient to pay yearly, as the same becomes due, the principal and interest on the bonds for forty-five hundred dollars, with interest at eight per cent. per annum, which said Mayor and Council are authorized to issue by an election held in and for said town, as provided by law on July 29, 1889, for the purpose of building an Academy in said town, seating the same, and for other school 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 Mayor and Council of Fairburn, Georgia, are authorized and empowered to levy such tax in addition to that now allowed by law, which may be sufficient to pay yearly, as the same becomes due, the principal and interest on the bonds for forty-five hundred dollars, with interest at eight per cent. per annum, which said Mayor and Council were authorized to issue by an election held in and for said town, as provided by law on July 29, 1889, for building an Academy in said town. Authority to issue bonds. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889.

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PUBLIC SCHOOL SYSTEM FOR LUMPKIN. No. 386. An Act to establish a public school system for the town of Lumpkin, in the county of Stewart; to provide for the maintenance of the same; to create a Board of Education for the government of the same; to require County School Commissioners of Stewart county to pay over to the Board of Education of said town the pro rata share of the State School Fund for all of the pupils attending the schools established in said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, there shall be established in and for the town of Lumpkin, county of Stewart, this State, (the corporate authority of said town having so recommended), a system of public schools, the same to be established, conducted, maintained, supported and provided for in the manner hereinafter set forth. Authority to establish system of public schools. SEC. II. Be it further enacted, That E. P. Pearson, Henry B. Everett, Welborn F. Clarke, Frederick S. Singer and F. B. Gregory be, and are hereby, appointed and constituted the Board of Education for the town of Lumpkin. That said board shall fill all vacancies occurring in its body by death, resignation, removal from said town, expiration of term of office or otherwise, and three members of said board shall constitute a quorum for the transaction of all the duties and business of said board, and no person residing without the limit of said town of Lumpkin shall ever be a member of said board. Board of Education SEC. III. Be it further enacted, That the terms of office of the members of said board, except those herein named or those elected to fill the unexpired terms, shall be five years from the date of their election. Those members herein named shall hold their offices as follows: The first named, for one year; the second named, for two years; the third named, for three years; the fourth, for four years, and the fifth for five years from the date of the organization of said board, and no retiring member shall be eligible for re-election for the succeeding term. Term of office. SEC. IV. Be it further enacted, That the officers of said board shall be a President, Vice-President, a Secretary and Treasurer and a Superintendent of Schools and such other officers as said board may deem necessary. All officers shall be elected by said board,

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and the Superintendent of Schools shall not be a member of said board. The Secretary and Treasurer shall give their bond and security in an amount to be fixed by the board for the faithful performance of the duties of his office, and the salary of said Secretary and Treasurer shall be fixed by said board. All officers shall hold their offices at the will of the board, and the duties of all officers shall be prescribed by the board. Officers of the Board. SEC. V. Be it further enacted, That the duties of said Board of Education shall be to establish such schools in said town of Lumpkin as shall be necessary; Provided, that separate schools shall be provided for the whites and for the negroes; to provide school houses by building, rent, purchase or otherwise; to repair the same; to employ teachers; to prescribe the curriculum of said schools; to provide all necessary school furniture and educational appliances; to fix the salaries of teachers; to hold and revoke titles to any property that may be procured by purchase, lease, gift or otherwise; to make all such by-laws, rules and regulations for the government of the board and for the government of said schools and for the receiving and paying out of school funds as may be deemed necessary, and are not in conflict with the laws of this State. Duties of Board of Education SEC. VI. Be it further enacted, That the necessary funds for establishing, conducting, maintaining and supporting said public schools shall be devised as follows: School fund. 1st. The Town Council of the town of Lumpkin is hereby authorized, empowered and required to levy, each year after the passage of this Act, a special tax, as the Board of Education shall recommend, not to exceed one-half of one per cent. on all the property in said town subject to taxation by said town; to collect the said tax and pay over the same to the Secretary and Treasurer of said Board of Education. School tax limited 2nd. The Town Council of the town of Lumpkin is hereby authorized, empowered and required to pay the Secretary and Treasurer of said Board of Education all sums collected by the town authorities for licenses granted for the sale of spirituous or malt liquors, and for keeping of billiard and pool tables and tenpin alleys. Special license tax. 3rd. The County School Commissioners of Stewart county are hereby authorized, empowered and required to pay over to the Secretary and Treasurer of said Board of Education the pro rata share of the State School Fund for Stewart county for each child attending the school established by said board, upon the presentation by the Secretary and Treasurer of a list of the pupils, with the

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number of days each attended school, certified to by the Principals of said schools. State school fund. 4th. The said Board of Education shall require each child, upon entering said schools, to pay to said board an incidental fee of not less than five dollars nor more than ten dollars per scholastic year, and that no child shall attend said schools, or enjoy the benefit thereof in any manner, until the required fee is paid; Provided, that said board may require said incidental fee paid in quarterly installments. Incidental fee. Proviso. SEC. VII. Be it further enacted, That all sums collected and paid as above required [Illegible Text] said Secretary and Treasurer or Board of Education shall constitute the public school fund for said town of Lumpkin, and shall be used and paid out by said board of education, for the following purposes, to-wit: Payment of salaries of teachers and officers; building, purchasing, leasing or renting school houses, and repairing and insuring the same; purchasing school furniture and educational appliances, and for other purposes connected with and for the good of said public schools. Disbursement of public school fund. SEC. VIII. Be it further enacted, That said schools shall be opened for not less than six months nor longer than ten months in each year, and shall be free, except for incidental fee heretofore provided [Illegible Text] to all children between the ages of six and eighteen years, whose parents and guardians or natural protectors reside within the corporate limits of the town of Lumpkin, and the children of non-residents and persons over 18 years of age may be admitted to said schools upon such terms as the Board of Education shall prescribe. School term. Beneficiaries of school fnnd. SEC. IX. Be it further enacted, That any member of said Board of Education shall for malfeasance or non-performance be removed from office by a majority vote of the other members of said board and his place immediately filled as heretofore provided. Malfeasance. SEC. X. Be it further enacted, That the Board of Education of Stewart county shall not establish or open any school within the corporate limits of Lumpkin, nor have any voice in the management of the public schools therein established. County Board of Education SEC. XI. Be it further enacted, That all contracts made by said Board of Education of Lumpkin shall be signed by the President and the Secretary and Treasurer of said board. Contracts. SEC. XII. Be it further enacted, That this Act shall be submitted to an election for approval or disapproval by the qualified voters of the town of Lumpkin; said election to take place on such day as the Mayor and Council may determine, notice of which election shall be given by the Mayor of said town by publication

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in any newspaper published in the town of Lumpkin once a week for four weeks previous to the day of election. Those favoring public schools shall have printed or written on their ballots For Public Schools, and those opposing shall have printed or written on their ballots Against Public Schools. That said election shall be held in the same manner as elections for Mayor and Council of the town of Lumpkin are held, and all those qualified to vote at an election of Mayor and Council of said town shall be permitted to vote at the election herein provided for. The managers of said election shall certify the number of votes cast For Public Schools and Against Public Schools to the Mayor and Council of said town of Lumpkin, and if two-thirds of the qualified voters of said town shall vote For Public Schools, the Mayor of said town shall so declare in writing, and publish his said declaration once in any newspaper published in said town, and upon said publication this Act shall take effect and be of force, and the public schools therein provided for shall be put in operation as soon as deemed practicable by said Board of Education of the town of Lumpkin. Act must be submitted to qualified voters. Bollots. Qualified voters. Declaring the result. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. PUBLIC ACADEMY FOR LOUISVILLE. No. 391. An Act to amend an Act for erecting and establishing an Academy in the town of Louisville, and for other purposes, approved February 22, 1796, by increasing the number of trustees of said Academy, fixing their term of office and providing for the selection of their successors. 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 entitled an Act for erecting and establishing an Academy in the town of Louisville, and for other purposes therein mentioned, approved February 22, 1796, be, and the same is hereby amended by increasing the number of the trustees of said Academy to twelve (12), and W. L. Phillips, G. W. Warren, R. L. Gamble, Jr., J. W. White, S. M. Clark, G. W. Kelley and Edward Hunter are hereby made trustees and added to the existing board to complete the number. Increasing number of trustees.

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SEC. II. Be it further enacted by the authority aforesaid, That the terms of said trustees shall expire on January 1, 1891, four on January 1, 1892, and the remaining four on January 1, 1893; and at the first meeting of said Board of Trustees after the passage of this Act, said trustees shall decide by lot whose terms shall expire upon each of said dates. Term of office. SEC. III. Be it further enacted by the authority aforesaid, That all vacancies in said Board of Trustees caused by the expiration of the term of office, death, resignation or removal from said town, shall be filled by the remaining trustees from the citizens of said town; and the new trustees so elected shall hold office three years, except in the case of an election to fill a vacancy caused by death, resignation or removal, when the new trustee shall hold office for the unexpired term of his predecessor. Filling vacancies. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. PUBLIC SCHOOL SYSTEM FOR DAWSON. No. 405. An Act to establish a system of public graded schools in the city of Dawson, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, the corporate authorities of the city of Dawson having so recommended, That there shall be established in the city of Dawson, county of Terrell, a system of public schools to be established, conducted and maintained as hereinafter prescribed. System of public schools. SEC. II. Be it further enacted, That before this Act shall take effect and be of force in said city of Dawson, the Mayor of said city shall order an election, giving at least twenty days' notice by publication in one or both of the newspapers published in said city, to ascertain the will of the qualified voters under this Act, whether a system of public graded schools be established or not in said city. All persons voting at said election shall have written or printed on their ballots the words For Public Schools or Against Public Schools. Should the question be decided in favor of public schools by a two-thirds vote of persons qualified to vote at said election, it shall be the duty of the Mayor and Council of said city so to declare,

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and proceed to levy and collect the tax hereinafter provided for in this Act; but should said question be decided against public schools, said Mayor is authorized to order other elections upon the same question, when as many as twenty-five legal voters shall by petition so request; Provided, twelve months shall elapse between said elections. The first election under this Act shall be ordered by the Mayor before the first day of April, 1890. Any election held under this Act shall be governed by the same rules and regulations as elections held for Mayor and Aldermen of the city of Dawson. Election ordered to determine will of the people. Proviso. SEC. III. Be it further enacted, That within twenty days from the passage of this Act by the General Assembly, the Mayor of the city of Dawson shall call a meeting of the Council and the Board of Trustees of the South Georgia Male and Female College, and these two bodies together shall proceed to elect twelve suitable persons, to act as a Board of School Commissioners for said public schools, with perpetual succession, who shall hold their offices until their successors shall be elected and qualified, as hereinafter provided; and these persons, so elected, shall constitute the first Board of Commissioners, to act whenever said Act shall be ratified by the necessary constitutional majority of the voters of said city. They and their successors in office shall have power to take and hold all property, personal and real, that they may acquire by purchase, donation or otherwise, in trust for said city of Dawson, with the right to sue and the liability of being sued. Selection of Board of school Commissioners. Their powers. SEC. IV. Be it further enacted, That said Board of School Commissioners shall elect a President, Vice-President, Secretary and Treasurer from their own number, who shall perform such duties as may be required of them. The Treasurer shall give bond in such sum as they may determine, conditioned for the safe keeping and proper disbursement of the funds placed in his hands. Said School Commissioners shall divide themselves by ballot or otherwise into four classes. The term of office of the first class shall expire at the end of two years after this Act goes into effect; that of the second at the end of four years; that of the third at the end of six years; that of the fourth at the end of eight years. If vacancies occur by resignation or otherwise before the expiration of any term, said board shall fill such vacancy by appointment for the remainder of the term. As the terms of office of the present board expire two members shall be elected by the remaining members of the board and one by the Mayor and City Council of Dawson, and the terms of office of said members so elected shall be eight years and until their successors are elected in the manner before mentioned. The

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members of said board shall be male citizens of Dawson, twenty-one years of age and of good moral character. Officers of the Board. Term of office. SEC. V. Be it further enacted, That said Board of School Commissioners shall elect a Superintendent, (who may be Principal,) Principals and other teachers for said public schools, prescribe their duties and their salaries, elect text-books, prescribe the course of study, determine the length of the scholastic term and the time of beginning and closing said school, (the term not to be less than those of the State public 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 of the purposes of this Act, not inconsistent with the Constitution and laws of this State. The said board shall establish such grammar schools and such high schools as may be necessary for the education of the children attending said schools. They may charge a matriculation fee, not to exceed five dollars per annum, for the admission of children into said schools, and no pupil shall be entitled to the benefits of this Act, or enter or continue in said schools, without complying with this provision. They 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 they may deem proper. They shall have power to build, purchase, lease and rent such school [Illegible Text] and other property as may be necessary to carry on said schools. A majority of said board shall constitute a quorum for the transaction of any business. Duties of the Board of School Commissioners. SEC. VI. Be it further enacted, That no children shall be recipients of the benefits of said public schools whose parents, guardians or natural protectors are not actual residents of the city of Dawson for six months preceding the time of their application for admission into said schools, and whose parents have not paid the taxes assessed under the school law. But this section shall not be construed to exclude from said public schools the children of any parent or guardian, though non-resident, who is at the time of application for admission the bona fide owner in fee simple of real estate in said city of the value of one thousand dollars, by corporation assessment. The six months residence required for the admission of children to said schools shall not apply to persons who become bona fide residents of Dawson and owners of real estate in said city to the value of five hundred dollars, by city assessment. Beneficiafies of public school fund. SEC. VII. Be it further enacted, That said Board of School Commissioners shall provide separate schools for the white and colored children of said city, if public schools are established under this Act. Separate schools for races.

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SEC. VIII. Be it further enacted, That said Board of School Commissioners shall determine, as early as practicable after the beginning of each scholastic year, what amount of money it will be necessary to raise by taxation to defray the expenses of 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 five-tenths (5-10) of one per cent. per annum; and, when collected, the Clerk or other collecting officer of said Council shall pay the same over to the Treasurer of said Board of School Commissioners, which shall constitute a fund to be expended by said board in the payment of salaries of the principal and teachers, and in building, repairing, leasing or renting school houses and other property, and for defraying all other necessary expenses of said schools; and the collection of the tax provided for by this section may be enforced by mandamus against the Mayor and Council of said city at the instance of the said Board of School Commissioners. Assessment of school tax. Expenditure of funds. SEC. IX. Be it further enacted, That the County School Commissioners of the county of Terrell shall pay over to the Treasurer of said Board of School Commissioners, the pro rata share of the State and county school fund coming to said city, to be by them expended in the maintenance of said public schools. The Board of School Commissioners created by this Act shall require the teachers of said public schools to make out reports of the attendance of children entitled to draw the State school fund, and the same shall be filed with the County School Commissioner, so that the amount due said city may be estimated. State school fund. Attendance reports. 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. School buildings. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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ACADEMY FOR LINCOLNTON. No. 410. An Act to authorize the Mayor and Council of the town of Lincolnton, in Lincoln county, to issue municipal bonds for the purpose of raising money to build a suitable academy in said town, and to provide for payment of the same. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That the Mayor and Council of the town of Lincolnton, in Lincoln county, in order to raise money to build a suitable academy in said town, are hereby authorized to issue bonds to the amount of one thousand dollars for such purpose, payable in such sums, and at such times, and at such interest, not exceeding eight per centum per annum, and on such terms as said Mayor and Council may select and determine; and said Mayor and Council may raise such sums by taxation as they may deem necessary to pay the interest and annual installments of principal of said bonds; Provided, the question of Bonds or No Bonds shall be first submitted to the legal voters of said town, as now prescribed by law. Authority to issue bonds to build academy. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with this Act be, and the same are hereby repealed. Approved October 16, 1889. SYSTEM OF PUBLIC SCHOOLS FOR MADISON. No. 454. An Act to estalish a system of public schools in the city of Madison, Georgia; to levy and collect a tax for maintaining and supporting said schools acquiring or building school houses; to authorize the County School Commissioners of Morgan county to pay over to the Board of Education of said public schools, for the use of said public schools, such part of the State school fund as may be their just pro rata share thereof, and for other purposes therein named. SECTION I. Be it enacted by the General Assembly of Georgia, The corporate authorities of the city of Madison, in Morgan county, having so recommended that the Mayor and Council of said city of

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Madison are hereby authorized and empowered to levy and collect a tax annually, in addition to that now authorized by law, not to exceed five-tenths of one per cent. on the taxable property of said city, for the purpose of establishing and maintaining public schools in said city of Madison; Provided, the money so collected shall be used only for the purposes herein set forth. Authority to collect tax for school purposes. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That before this Act shall take effect and become operative, the Mayor of said city of Madison shall order an election, giving at least twenty days' notice of the same by publication in the newspapers published in said city, to ascertain the sense of the qualified voters of said city under the provisions of this Act, as to whether public schools shall be established in said city or not. The voters at said election shall have printed or written on their ballots the words For Public Schools, or the words Against Public Schools; and if at said election two-thirds of the persons qualified to vote shall vote in favor of public schools, then it shall be the duty of the Mayor and Council of Madison to raise annually by taxation, as provided in section 1 of this Act, a sum sufficient to carry out the purposes of this Act. If there be not two-thirds of the votes cast of said election in favor of public schools, the Mayor may order other elections, as provided for in this section, but not more than one election shall be ordered every twelve months. Election to ascertain sense of qualified voters. Ballots. SEC. III. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this Act shall be held under the same rules and regulations as govern other elections in said city, and the qualifications of the voters at said elections shall be the same as required by law at elections for Mayor and Councilmen. The superintendents of said elections shall make return thereof to said Mayor and Council, who shall open the said returns in open session, and declare the result thereof, which result shall be entered on the book kept by said Mayor and Council for the record of their proceedings. Any person who shall vote at any election held under this Act without being qualified as herein provided shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Manner of holding elections. Penalty for illegal voting. SEC. IV. Be it further enacted by the authority aforesaid, That if, at any election herein provided for, two-thirds of the qualified voters voting at such election shall vote for free schools, it shall be the duty of the Mayor and Council of the city of Madison, within thirty days thereafter, to elect a Board of Education for said city, which board shall consist of five citizens who are freeholders of said city; said board to be a body corporate, with the right to

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take and hold to it and its successors, in trust for the city of Madison, any grant or devise of lands, or any donation or bequest of money or other personal property made to it for educational purposes, with the right to sue and be sued. Said board shall have power, and it shall be their duty, to rent, lease, buy or build school houses and furniture; to employ teachers for said schools, fix their compensation, and prescribe their duties; to adopt such rules and regulations as may be necessary for the successful conduct of said schools; to choose the text-books and books of reference to be used by the pupils; and to do such other acts, not inconsistent with the laws of this State, as may promote the efficiency of said schools. The members of the board herein named shall hold their office for the term of two years, or until their successors are elected and qualified; and when vacancies occur, by death, resignation or otherwise, they shall be filled by the Mayor and Council of said city of Madison. Board of Education Their powers. SEC. V. Be it further enacted by the authority aforesaid, That within ten days from the date of their election, the board shall organize organize by electing a President and Vice-President, Secretary and Treasurer. The Secretary shall keep a record of all the acts and doings of the board, which record shall be open to inspection by any person interested therein. The Treasurer shall give bond, with good and sufficient security, payable to said board and its successors, conditioned for the safe keeping and proper disbursement of the funds placed in his charge as such Treasurer; the amount of such bond and the sufficiency of the security to be judged of by said board, and said board may at any time require said Treasurer to increase the amount of his bond, or give other and additional security, or both, as they may deem proper. It shall not be lawful for the said Treasurer to pay out any funds except upon order of the Board. Officers of the Board. Treasurer's bond. SEC. VI. Be it further enacted by the authority aforesaid, That the compensation of Secretary and Treasurer shall be regulated and fixed by the Board of Education, the President and other members of the board to receive no salary. Salaries. SEC. VII. Be it further enacted by the authority aforesaid, That all children whose parents, guardians or natural protectors, who have been actual bona fide residents of said city of Madison for six months next preceding the time of application for admission into said schools, but this section shall not be construed to exclude from said public schools the children of any parent, guardian or natural protector who is now or may become the owner, in fee simple, of real estate in said city of Madison of the value of three hundred dollars,

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by assessment of the Board of Education, shall be entitled to the benefit of said schools. The Board of Education of said city may, in their discretion, charge each pupil attending said schools an incidental fee, not to exceed five dollars per scholastic year, and may also admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition as said board may deem reasonable and proper; Provided, that all sums arising from these sources shall be used only for the purpose of maintaining said schools. Beneficiaries of school fund. Incinental fee. Proviso. SEC. VIII. Be it further enacted by the authority aforesaid, That said board shall have power and it shall be their duty to establish at least one school for the whites and one for the colored people in said city, out of the funds herein provided for, and said board shall make a report annually to the Mayor and Council of said city, of their receipts and disbursements on or before the first Monday in January in each year, after said public schools have been established as herein provided. Separate schools for white and colored children. SEC. IX. Be it further enacted by the authority aforesaid, That said Board of Education shall make or cause to be made annually a full and complete list of all pupils in attendance upon said public schools, who reside in the county of Morgan, and present the same to the County School Commissioner of said county; and it shall be his duty, and he is hereby required to pay over to the Treasurer of said Board of Education such pro rata part of the public school funds as may be due such public schools within said city of Madison. To secure pro rata of State school fund. SEC. X. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, and an Act of the General Assembly to establish public schools in said city of Madison, approved September 25, 1883, be, and the same are hereby repealed. Approved October 25, 1889.

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PUBLIC SCHOOL BUILDINGS FOR CAMILLA. No. 531. An Act authorizing and empowering the Town Council of the town of Camilla to create a debt, not to exceed five thousand dollars, for the purpose of erecting and furnishing suitable school buildings for said town of Camilla and purchase suitable sites on which to erect same; to provide for the payment of same when due, and provide for selection of Trustees to take charge of said buildings, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the Mayor and Council of the town of Camilla be authorized and required to issue bonds, not to exceed in the aggregate five thousand dollars, of the denomination of one hundred dollars each, to become due and payable at such time or times within twenty years after the date of the issue thereof as said Mayor and Council shall determine, and bear six per cent. interest per annum, payable annually, not to be sold under par. Authority to issue bonds. SEC. II. Be it further enacted, That said bonds shall be signed by the Mayor and a majority of the Council of said town, and be sold and negotiated in such manner as said Mayor and Council may determine for the best interest of said town, and the proceeds turned over to the Treasurer of said town to be paid out as hereinafter provided. Sale of bonds. SEC. III. Be it further enacted by the authority aforesaid, That the Mayor and Council of Camilla, before paying over to the City Treasurer the proceeds of the sale of said bonds, as provided in preceding section of this Act, shall require such additional bond and security of him as in their judgment shall be necessary. Bond of City Treasurer. SEC. IV. Be it enacted, That for the payment of said bonds and interest coupons the faith and credit of said town of Camilla shall be pledged, and the Mayor and Council of said town are hereby authorized and required to provide by taxation for the payment of said obligations as they fall due; that said tax shall be separately assessed, levied and collected for the specific purpose herein designated, and shall be used or applied to no other purpose whatever. Said tax shall be paid and collected only in lawful money of the United States, and in the six per cent. bonds issued under this Act when matured and in the coupons or interest warrants of said six per cent. bonds. Tax authorized to meet said bonds.

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SEC. V. Be it further enacted, That not less than five hundred dollars of the proceeds arising from the sale of said six per cent. bonds shall be applied to the erection and furnishing of a school house for the use of the colored people of said town. Erection of school house for colored people. SEC. VI. Be it further enacted, etc., That the remainder of the proceeds arising from the sale of said six per cent. bonds, after applying the five hundred dollars, as provided in section 5 of this Act, shall be used and applied to the purchase of a suitable site on which to erect an academy for what shall be known as Camilla High School, and to the construction, building and furnishing of said academy for the use of the white people of said town. That said academy for the Camilla High School shall not cost exceeding four thousand and five hundred dollars, including the cost of the land on which the same is to be erected (unless same shall be donated), and the cost of the furniture for same, and the same shall be paid for out of the proceeds arising from the sale of said six per cent. bonds provided for in this Act. High school building. Cost limited. SEC. VII. Be it further enacted, That H. C. Cox, J. B. Butler, J. H. Bailey, J. C. Turner, W. Watson Twitty, J. M. Keaton and A. H. Harrell are hereby appointed a Board of Trustees for the Camilla High School, and also for the academy of the colored people of said town, provided for in section five of this Act. That said Board of Trustees shall have the selection of the sites on which said academies are to be erected, within the corporate limits of said town, and they shall have the power and authority to let the contract for the erection of same and furnishing same. The contract for the purchase of the ground on which said Camilla High School shall be erected, and said colored academy also shall be made by said Board of Trustees. Said trustees shall have full authority to superintend the construction and furnishing of said academies, and the money for the ground on which said academies are erected and the cost of their construction, the material for same and the furnishing of same shall be paid out by the Treasurer of said town of Camilla, out of the funds arising from sale of the six per cent. bonds provided for in this Act, on warrants drawn by the chairman of said Board of Trustees by order of said board. That the title to said Camilla High School and Camilla Colored Academy shall be made to the Mayor and Council of Camilla and their successors in office, and it is hereby made the duty of said Mayor and Council to have the buildings herein provided for well insured as soon after the construction of same is begun as is practicable, and keep same insured. Said Mayor and Council shall appropriate from time to time whatever money if necessary to keep said buildings well insured and in good repair,

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and said contract for insurance and repairs to said buildings shall be made by said Board of Trustees and paid for out of any funds in the hands of the Treasurer of said town upon warrants to be drawn by the chairman of the said Board of Trustees on the order of said board. Said Mayor and Council are hereby empowered to provide for the expense of insuring and keeping in repair said buildings by taxation. Board of Trustees. Duties of Trustees. Insurance and repairs SEC. VIII Be it further enacted, That the terms of office of said Board of Trustees shall be perpetual, and they shall have power to fill all vacancies of said board, by appointment or otherwise, and said board may prescribe such rules for their own government as they may think proper. Said Board of Trustees shall take charge of said school buildings when completed, for said Mayor and Council, and shall be, and are hereby entrusted with the organization of the schools to be taught therein; they shall have the authority to employ teachers for said academies, fix their salaries, fix the tuition to be paid by each pupil, make rules for the government of said schools, and to do and perform all other acts and things necessary or proper for the purpose of carrying out the objects of this Act. Said Board of Trustees shall make annual reports of the operations of said schools to the Mayor and Council of said town. Term of office of Trustees. Their duties. SEC. IX. Be it further enacted, That said Board of Trustees shall make or cause to be made annually a full and complete list of all pupils in attendance upon said Camilla High School and said colored academy, who reside in the county of Mitchell in said State, the list for each of said white and colored schools to be made out separate; and when said lists are made shall present same to the County School Commissioner of said county, who is hereby authorized and required to pay over to the said Board of Trustees the proportionate part of the public school fund of Mitchell county, to be determined according to the number of pupils taught in said schools, who reside in said county, to be used by said Board of Trustees in paying teachers for said school. To secure pro rata of State school fund. SEC. X. Be it further enacted, That the said Mayor and Council are hereby made capable of taking and receiving donations of money or lands on which to erect said Camilla High School Academy and said colored academy, from any person or corporation; said donations to be applied as directed by the donors. Donations. SEC. XI. Be it further enacted, That before the bonds provided for in section first of this Act shall be issued and sold, the question of issuing the same shall be submitted to the qualified voters of said town by the Town Council of Camilla, as provided by the general law of this State, embodied in sections (Code 1882) 508 (i), 508

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(j), 508 (k), 508 (l), 508 (m), as soon after the passage of this Act as practicable. Question of issuing bonds to be submitted to the people. 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 Nov. 4, 1889. AMENDING SCHOOL SYSTEM OF QUITMAN. No. 535. An Act to amend an Act to establish a system of public schools in the town of Quitman, approved December 26th, 1888; to provide for raising revenue to maintain said schools, and to authorize the County School Commissioner of Brooks county to pay to the Board of Education of said public schools such part of the State school funds as may be their just pro rata share thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act approved December 26th, 1888, to establish a system of public schools in the town of Quitman, be amended as follows: That after the word tax in the fourth line of section 1 of said Act, the words not exceeding one-tenth of one per cent. be inserted, and that the words after Act' in the seventh line of said section and before the word and in the ninth line thereof, be stricken, so that said section when so amended shall read as follows: That from and after the passage of this Act, the Town Council of Quitman are hereby authorized and empowered to levy a special tax, not exceeding one-tenth of one per cent., on all the property in said town of Quitman that is subject to taxation, as will be necessary to carry out the provisions of this Act. That the revenue derived from the following sources by the said town of Quitman be, and they are hereby, appropriated to the maintenance of said public schools, and shall be turned over by the corporate authorities of said town to the Board of Education, to be chosen and elected by the legal voters of said town, when collected, to-wit: All proceeds from the grant of license to sell spirituous liquors by said town authorities within said town, and all proceeds from the grant of license to circuses and other shows traveling through the county and exhibiting in said town. Amends original Act. Authority to levy special tax. Source of revenue for school fund. SEC. II. Be it further enacted by the authority aforesaid, That the second section of the aforesaid Act be so amended as to provide

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for the election of a Board of Education, composed of five members, to be elected as follows: Two for the term of one year and three for the term of two years, and their successors shall be elected there-after for the space of two years, respectively, by the legal voters of said town at the election for Mayor next preceding the expiration of their terms, after the first election, to hold for a term of two years from the first day of January after said election, and, on failure to elect, until their successors are elected and qualified. That said board shall have power to fill all vacancies caused by death or otherwise. No one shall be eligible to membership on said board unless he is twenty-one years old, and has been a citizen of said town for six months next preceding his election. Board of Education Term of office. Eligibility SEC. III. Be it further enacted by the authority aforesaid, That section 4 of said Act be so far amended as to allow said Board of Education to elect the same person to the office of Secretary and Treasurer, who may or may not be a member of said board. Amends section 4. SEC. IV. Be it further enacted by authority aforesaid, That section 6 of said Act be so amended as to allow said Board of Education to join the Trustees of the Quitman Academy and combine the school herein provided for and the school taught in said academy, making the same a graded school as herein provided for. Authority to unite with Trustees of Quitman academy. SEC. V. Be it further enacted by authority aforesaid, That sections 9 and 10 of said Act be, and the same are hereby repealed, and in lieu thereof the following is enacted: That said original Act and this amended Act shall be submitted to the legal voters of said town of Quitman for their approval, at an election to be called by the Mayor and Aldermen of said town at their first regular meeting after the approval of this Act, notice of which election shall be published in the newspapers of said town for ten days prior to the day of said election, said election to be held under the same rules, governing the elections for Mayor and Aldermen. Those in favor of graded schools as provided for under this law shall have written or printed on their ballots: For Graded Schools, and those opposed to graded schools and to this Act shall have written or printed on their ballots: No Graded Schools. The managers of said election shall make their return to the Mayor and Council of said town within five days after said election is held. It shall be the duty of said Mayor and Aldermen at their first regular meeting after said election to open such returns, announce the result and record the same on the minutes of that meeting. This law shall not become operative unless two-thirds of the qualified voters of said town shall cast their ballots For Graded Schools. If said Act so amended fail to be adopted, said Mayor and Aldermen may

Page 1320

submit the same question to the qualified voters of said town after the expiration of twelve months from the date of the preceding election. Act must be submitted to legal voters of Quitman for approval. Ballots. Requires two thirds vote to become operative. SEC. VI. 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 November 4, 1889. AMENDING PUBLIC SCHOOL SYSTEM OF CARROLLTON. No. 564. An Act to amend an Act establishing a system of public schools for the city of Carrollton, approved November 26th, 1886, so as to increase the number of School Commissioners. SECTION I. Be it enacted by the General Assembly of Georgia, That section 3 of the above recited Act be, and the same is hereby amended by striking out the word and in the 2d line of said section, and by inserting the following names of persons after the last word in the 2d line of said section, to-wit: E. W. Wells, J. N. Pope, B. F. Burns, G. F. Cheney, J. A. McCord and T. W. Drinmock, so that said section, when amended, shall read as follows: That E. G. Kramer, W. W. Fitts, J. T. Bradley, S. J. Brown, H. M. Reed, W. F. Brown, E. W. Wells, J. N. Pope, B. F. Burns, G. F. Cheney, J. A. McCord and T. W. Drinmock are hereby created a Board of School Commissioners, etc. Board of School Commissioners. SEC. II. Be it further enacted, That the term of office of the first two of the School Commissioners created by this Act shall expire on the first Saturday in October, 1890; the term of office of the next two shall expire on the 1st Saturday in October 1892, and the term of office of the last two shall expire on the 1st Saturday in October, 1894. Term of office. SEC. III. Be it further enacted, That section 5 of the above recited Act be, and the same is hereby amended by striking the word one in the 4th line and inserting two, and by adding the letter s to the word member in the fifth line of said section, making said word plural, so that said section, when so amended, shall read as follows: 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

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two of the retiring members of said board. The office of the other retiring members shall be filled by said board, etc. Election to be held every two years. 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 November 5, 1889. PUBLIC SCHOOL SYSTEM FOR EMANUEL COUNTY. No. 589. An Act to authorize the Commissioners of Roads and Revenue of Emanuel county in each and every year to levy and assess a tax upon all the taxable property of said county in aid of and supplementary to the State Common School Fund now apportioned to said county, so that the Common School Fund in said county, when so supplemented, shall be sufficient to run the common schools of said county at least six months in the year. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after January the 1st, 1890, the Commissioners of Roads and Revenues of Emanuel county are authorized and directed, on the second Monday in January, then, and in each and every year thereafter, to levy and assess such a tax upon all the taxable property of said county, in aid of and supplementary to the State Common School Fund now apportioned to said county, as will be sufficient, when added to said fund, to run the common schools of said county for a term not less than six months in each year; such tax thus assessed and levied to be collected as other county taxes now are, and to be used solely for the purpose for which levied and assessed, and to be added to the Common School Funds now received by said county, and to be used as they now are. Authority to levy tax for school purposes. SEC. II. Be it further enacted by the authority aforesaid, That on the third Wednesday in December, in 1889, after thirty days' advertisement, an election shall be held in said county at the several election precincts, at which the question of supplementing the Common School Fund, as above set forth, shall be submitted to the qualified voters of said county. Those voting favoring said supplemental tax shall have printed or written on their ballots the words For Taxation, and those opposed to said tax shall have written or printed on their ballots Against Taxation. Said

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election shall be held and conducted under the same laws and regulations as all elections for members of the General Assembly, and the returns made to the Ordinary of said county, who shall declare the result of said election. If a two-thirds majority of all the legal votes cast at said election shall be decided to be in favor of For Taxation, then this Act shall go into effect as aforesaid; but if two-thirds of such voters do not so vote, then this Act shall not go into effect or be of force in said county. Question to be submitted to qualified voters. Pallots. If two-thirds of voters favor taxation law goes into effect. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 8, 1889. SYSTEM OF PUBLIC SCHOOLS FOR SOCIAL CIRCLE. No. 628. An Act to provide a system of public schools for the town of Social Circle, in the county of Walton; 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 town of Social Circle having so recommended ), That there shall be established in the town of Social Circle, in the county of Walton, a system of public schools, to be established, conducted and maintained as hereinafter provided. Public school system. 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 town of Social Circle on the third Saturday in November, 1889, on the question of establishing and maintaining public schools in said town by local taxation. All persons shall be entitled to vote at said election who are entitled in the municipal election in the town of Social Circle, and under the general qualification 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 the Commissioners of said town are held; and if two-thirds of the persons qualified to vote in such election shall cast their votes For Public Schools, then this Act shall become operative; if the result of such election shall

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be Against Public Schools, then the Council of said town shall order other elections upon the same question not oftener than once in twelve months, whenever so many as twenty-five qualified voters of said town shall petition them for such election, in which case ten days' notice of such election shall be given by posting the same at the Council room door and two other places in said town. Question to be submitted to the people. Ballots. If two-thirds of voters favor public schools this Act becomes operative. SEC. III. Be it further enacted, That B. R. Smith, James M. Hurst, Jr., E. L. Newton, T. Spearman, M. W. Burton and J. A. Mobley are hereby created a Board of School Commissioners for said town of Social Circle, 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 town of Social Circle, with the right to sue and the liability of being sued. Board of School Commissioners. Their duties. 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. Term of office. 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 Commissioners of Social Circle, to fill the office of one retiring member 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 town and who is not twenty-one years old. Elections held every two years. Eligibility to office. SEC. VI. Be it further enacted, That said Board of School Commissioners shall elect a Principal and other teachers for said public school; prescribe the salaries; select text-books; prescribe the course of study; determine the length of the scholastic term and the time of beginning and closing of said schools, and adopt such rules and regulations for their own government and that of the schools

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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 to exceed fixe dollars 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 town, as 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. Duties of Board of Commissioners. Entrance fee. Course of instruction. SEC. VII. Be it further enacted, That said Board of School Commissioners shall determine as early as possible 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 Council of said town, and it shall be the duty of said Council to proceed to levy and collect the same; Provided, the rate of taxation under this Act shall not exceed three-fourths of one per centum per annum, and when collected, the clerk or other collecting officer of said 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. Authority to levy tax. Proviso. SEC. VIII. Be it further enacted, That the County School Commissioners of the county of Walton 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 town 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 town may be estimated. State and county school fund. SEC. IX. Be it further enacted, That said Board of School Commissioners shall make provision for the education of all children in said town between the ages of six and eighteen years, but separate schools shall be provided for white and colored children. Beneficiaries of school fund.

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SEC. X. Be it further enacted, That the Council of said town 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. Appropriations for school buildings. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. SYSTEM OF PUBLIC SCHOOLS FOR AUSTELL. No. 651. An Act to authorize the establishment of a system of public schools in the town of Austell, Cobb county, Georgia; to provide for the building of a school house and raising revenues to maintain the same, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That within such time as may be fixed by the Mayor and Council of the town of Austell, Cobb county, Georgia, after this Act shall be ratified by the voters of said town, as hereinafter provided, the Mayor and Council of Austell shall elect by ballot from the citizens of said town, who shall be freeholders therein, five persons who shall constitute the Board of Education therein. At said election one of said persons shall be elected for a term of two years; two for four years, and two for six years; and thereafter their successors shall be elected for a term of six years. All vacancies in the board shall be filled by the Mayor and Council immediately after a vacancy occurs. Board of Education Term of office. SEC. II. That said Board of Education shall have authority to devise, design and adopt a system of public schools in said town; to modify the same from time to time, and to establish such school or schools as they may see proper; to prescribe the curriculum; employ and discharge teachers for said school or schools; to fix their compensation; to purchase or build or rent such school house or houses as the discretion of said board may deem wise and to the best interest of said town, and to make such by-laws, rules and regulations for their own government and that of the teachers and pupils of said school or schools as they may deem proper, and not in conflict with the laws of this State, and promotive of the

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best educational interests of said town. Said Board of Education shall serve without pay. No member of the Board of Education shall be eligible to the position of teacher in said school. Duties of the Board. SEC. III. That said Board of Education shall keep regular minutes of its proceedings, giving an accurate account of all moneys raised and expended under the provisions of this Act, quarterly, to the Mayor and Council of said town; said report shall be under oath and subject to the inspection of any citizen of said town. Reports of Board of Education SEC. IV. That the money raised for the purpose of building a school house or school houses shall not exceed five thousand dollars; Provided, money may be raised by taxation for the purpose of keeping said school house or school houses in repair. The town's pro rata share of the public school fund can be used for the purpose of maintaining said school or schools. School house fund SEC. V. The Mayor and Council shall levy such tax upon all property subject to taxation as will be sufficient to build, purchase or rent such school house or houses as may be necessary to carry out the provisions of this Act; they shall also have the power to levy and collect a tax sufficient to maintain and support said school or schools; Provided, such tax shall be levied and collected in accordance with the laws of this State. Said Board of Education and their successors shall have the right to make title to or hold property to carry out the provisions of this Act. Authority to levy school tax. Proviso. SEC. VI. The Mayor and Council shall, within such time as may be fixed by them after the approval of this Act, order an election, of which notice shall be given in the Marietta Journal for three weeks, and which shall be conducted as elections for Mayor and Council in said town, and at which election the qualified voters resident within the corporate limits of said town shall be entitled to vote. At said election said voters shall have written or printed on their ballots For Public Schools, or Against Public Schools, and this Act shall not become operative unless two-thirds of the persons qualified to vote in said election shall cast their ballots For Public Schools. Should the result of said election be Against Public Schools, the Mayor and Council may order other elections on the same question from time to time; Provided, that said elections shall not be held oftener than once in twelve months. Question of public schools submitted to the people. Ballots. SEC. VII. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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PUBLIC SCHOOL SYSTEM FOR CUTHBERT. No. 684. An Act to authorize the Mayor and City Council of Cuthbert, Georgia, to levy and collect a tax for educational purposes, and to pay out the proceeds thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Council of Cuthbert, Georgia, are hereby empowered and directed to raise, by taxation, not more than $1,500 per annum, which sum shall constitute a school fund, to be paid out by said Mayor and Council under the provisions hereinafter contained. Authority to levy and collect tax. SEC. II. The said Mayor and Council shall make contracts with competent persons to teach all or any part or parts, class or classes of the children and youth of school age residing in said city, free of any charge whatever, save such incidental fee (to be paid on entrance of pupil) as shall be agreed upon in said contracts; Provided, that music and art are to be regarded as extras, to be arranged for by teacher and pupil; and provided, that when the Mayor of said city shall give to any pupil his certificate that he is too poor to pay tuition or fee of any kind, said pupil shall be received and taught, as other pupils as taught in every way, without the payment of anything at all. Mayor and council to make contracts. Proviso. SEC. III. All contracts under the foregoing section must be approved and adopted by the said Mayor and Council, with the same formality necessary to give force and vitality to any ordinance or city law promulgated by said authority. All payments out of said school fund shall be made on the properly attested warrant of the Mayor of said city, drawn only after approval by the finance committee of said City Council. Contracts must be approved by mayor and council. Disbursement of school fund. SEC. IV. As soon as notified of the passage of this bill, the Mayor of said city of Cuthbert shall publish the same one time in each of the newspapers of said city, and therewith his proclamation which shall run in said papers until the day set for election, ordering an election by the qualified voters of said city on the second day in November, 1889, to be held at the usual place, and under the laws governing elections for Mayor and Council in said city, at which election each voter shall have written or printed on his ballot, For the Tax, or Against the Tax, and no other word or words whatever. Question must be submitted to the people. Ballots. SEC. V. The Mayor of said city shall, at 10 o'clock on the morning following said election, declare the result thereof. Should the result so declared be For the Tax, then in that event this

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bill is to become at once operative, and the Mayor and Council of said city shall forthwith proceed to carry out its several provisions. The result. SEC. VI. All conflicting laws are hereby repealed. Approved November 12, 1889. PUBLIC SCHOOL SYSTEM FOR MONROE COUNTY. No. 843. An Act to authorize and empower the Commissioners of Roads and Revenue of the county of Monroe to levy and collect a tax each year for educational purposes; to provide for submitting that question to the legally qualified voters of said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That on the recommendation of two successive Grand Juries, and the application of one-fifth of the qualified voters of Monroe county, to be determined from the vote cast at the last general election preceding said application, the Commissioners of Roads and Revenue of said county shall order an election to be held to determine the question of levying and collecting a tax for educational purposes, which, when added to the State tax for said purposes, will create a fund sufficient to keep in operation the public schools of said county for a period of not longer than eight months each year (the number of months to be determined by the last Grand Jury so recommending). Thirty days' notice of said election shall be given by publication in the Monroe Advertiser. Said election shall be held in the same manner and under the same terms as elections for members of the General Assembly, and those favoring taxation shall have written or printed on their ballots, For Taxation; those opposed, Against Taxation; and if a majority of the legally qualified votes cast at said election shall be for taxation, then the Commissioners of Roads and Revenue shall levy and collect a tax sufficient to carry out the purposes of this Act. Said sum so collected shall be collected as other county tax and turned over to the County Board of Education, to be added to and expended as the State fund for the same purposes. All contests of said election shall be made in the same manner as contests of elections under the general local option liquor law of this State. Question of levying tax for school purposes to be submitted to the people. Ballots. If majority favor taxation this Act goes into effect. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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SYSTEM OF PUBLIC SCHOOLS FOR SPARTA. No. 846. An Act to establish a system of public schools for the town of Sparta, in this State; to provide for the maintenance of the same, and for other purposes. SECTION I. The General Assembly do enact, That whenever a resolution shall be passed by the Mayor and Aldermen of Sparta therefor, a system of public schools may be established in said town in the following manner, to-wit: On petition of one-half the freeholders of said town the Mayor and Aldermen thereof shall order an election to be held within thirty days thereafter to determine the question of schools or no schools for said town. All voters favoring the establishment of a system of public schools in said town shall have printed or written on their ballots the words For Schools, and all voters opposing such establishment shall have printed or written on their ballots Against Schools; and if two-thirds of the legal voters of said town shall vote for schools, then such Mayor and Aldermen shall provide by ordinance for the establishment of a system of schools for said town for the schooling of all the white and colored children therein, (said white and colored children being schooled in separate schools), and may levy a tax on all the taxable property in said town, in their discretion, to provide funds for the conduct of such schools and for the payment of teachers therein, and may appropriate from year to year said taxes so raised, or any part thereof, or any other funds of said town to the maintenace of such schools in their discretion; Provided, that the provisions of this Act shall only be obligatory on the authorities of said town so long as the license of the sale of spirituous liquors in said town is authorized therein; and all funds realized therefor are within the control of such authorities, either for the payment of the current expenses of said town or for the maintenance of said schools. Manner of establishing system of free schools. Ballots. If two-thirds of voters favor public schools this Act goes into effect. Proviso. SEC. II. The General Assembly do further enact, That the Mayor and Aldermen of said town shall have full authority to regulate, by ordinance, the terms under which any citizen of said town or without said town may be admitted to said schools, and for the general government thereof in their discretion; and to fix the time, place and manner of any election which may be held under the provisions of this Act; and to do any and all things legal to be done in the establishment, maintenance, control and

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government of such schools, in their discretion, by ordinance of such town, legally passed. Rules and regulations governing public schools. SEC. III. The General Assembly do further enact, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. SYSTEM OF PUBLIC SCHOOLS FOR MONTEZUMA. An Act to authorize and empower the Mayor and Council of the city of Montezuma, in Macon county, to establish and maintain a system of public schools for said city of Montezuma; to elect a Board of Education; levy and collect a tax for establishing and maintaining said schools; to authorize the County School Commissioner of Macon county to pay over to the corporate authorities of said city, or such person or persons as they may designate for the purpose, for the use of said public schools, such part of the State school fund as may be their just pro rata share, and for other purposes therein named. SECTION I. Be it enacted by the General Assembly of Georgia, the corporate authorities of the city of Montezuma having so recommended, That the Mayor and Council of the city of Montezuma are hereby authorized to levy and collect a tax annually, in addition to any tax now authorized by law, not to exceed three-tenths of one per cent., on the real and personal property of the city of Montezuma, for the purpose of establishing and maintaining a system of public schools in said city; Provided, the money so raised by taxation or otherwise for school purposes shall be used only for school purposes, as in this Act set forth. Authority to levy a tax. Proviso. SEC. II. Be it enacted by the authority aforesaid, That before this Act shall take effect and become a law of force in said city of Montezuma, the Mayor and Council shall order an election, giving at least fifteen days' notice, by publishing in the paper in which the legal advertising of the county is done, by posting notices at three or more public places in said city, or both, in the discretion of the Mayor and Council, to ascertain the wishes of the qualified voters of said city, under the provisions of this Act, as to whether public schools shall be established and maintained in said city or not. All persons voting at said election who favor public schools shall have printed or written on their ballots the words, For Public Schools, and all who oppose public schools shall have printed or written on

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their ballots, Against Public Schools. Should the question be decided in favor of public schools by the necessary constitutional majority, two-thirds of the qualified voters, it shall be the duty of the Mayor and Council so to declare, and proceed to levy and collect the tax provided for in section first of this Act. Should the question by said election be decided against public schools, the said Mayor and Council are authorized to order other elections upon the same question, when as many as fifty legal voters shall so request by petition,; Provided, that at least twelve months shall elapse between said elections. Question of establishing public schools to be left to a vote of the people. Ballots. Result. SEC. III. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this Act, shall be held under the same rules and regulations as govern elections in said city for Mayor and Aldermen and Clerk and Treasurer, except that the superintendents or managers thereof shall make returns to said Mayor and Council, who shall open said returns in open session and declare the result thereof, which shall be entered on the book kept by the said Mayor and Council for the record of their proceedings. Manner of holding elections. SEC. IV. Be it further enacted by the authority aforesaid, That the Mayor and Council of the city of Montezuma, so soon as this Act by proper vote shall be declared of force, shall elect a Board of Education, male citizens of said city of Montezuma twenty-one years of age and of good moral character, none of whom shall be Mayor, Alderman, Clerk, Treasurer or Marshal of Montezuma City Council, to consist of five members, two of whom shall be elected for two years, two for four years, and one for six years. After said election by the Mayor and Council, all vacancies occurring in said Board of Education by expiration of term of office, or otherwise, shall be filled by election by the remaining members of said Board of Education, subject to the approval of the Mayor and Council of Montezuma. All elections to fill vacancies after the said first election by the Mayor and Council, except unexpired terms, shall be for six years. Vacancies for unexpired terms shall be filled in the same manner as full terms, subject to the approval of the Mayor and Council. Should the Board of Education from any cause at any time fail or refuse to act, the Mayor and Council of Montezuma may act as a Board of Education temporarily till the difficulty is removed or until a Board of Education is elected and organized by the Mayor and Council, which shall be done as speedily as circumstances will permit. Board of education. Term of office. Vacancies. SEC. V. Be it further enacted by the authority aforesaid, That said Board of Education, when elected as provided for in this Act, shall have authority to establish and from time to time modify a system

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of public schools for the city of Montezuma; shall have authority to purchase, rent or receive gratuitously from any person or persons, and control buildings or anything necessary for school purposes; to employ teachers, fix their salaries, and suspend or discharge tem for good causes, as in their judgment may seem best for all parties concerned. They shall prescribe the terms upon which students may be received into said schools; and establish such rules and regulations as they may deem right and proper for maintaining a system of public schools in said city of Montezuma, not inconsistent with the Constitution and laws of this State. Duties of board of education. SEC. VI. Be it further enacted by the authority aforesaid, That all children whose parents, guardians or natural protectors bona fide reside within the corporate limits of said city of Montezuma shall be entitled to the benefit of said schools. The said Board of Education, subject to the approval of the Mayor and Council, may charge each pupil attending said schools not exceeding twelve dollars tuition per scholastic year, and may admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said city of Montezuma upon the payment of such tuition as they may deem reasonable and proper, subject to the approval of the Mayor and Council. Beneficiaries of school fund. Tuition. SEC. VII. Be it further enacted by the authority aforesaid, That the officers of said Board of Education shall be a President, Vice-President and Secretary. The Treasurer of the city of Montezuma shall be ex-officio Treasurer of said Board of Education. Said officers, except the Treasurer, shall be members of said Board of Education, and shall be elected from their body in such manner and at such times as said Board of Education may determine, and said board shall prescribe duties of its officers. Officers of the board. SEC. VIII. Be it further enacted by the authority aforesaid, That so long as public schools are maintained in the city of Montezuma the School Commissioner of the county of Macon is hereby authorized and required to pay over to the Treasurer of said Board of Education, for the use of public schools, under such rules and regulations as said board may prescribe, the portion of the common school fund, arising from any source, belonging to said city, to be determined by the number of pupils taught in said schools who reside in Macon county, to be by them, the said Board of Education, expended in the establishment and maintenance of said public schools as authorized and directed by the Constitution and laws of this State. County commissioners authorized to pay over State and county fund. SEC. IX. Be it further enacted, That the white and colored children of said city shall be taught in separate schools, and the

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money derived from taxation of the white population shall be appropriated solely to the establishment and maintainance of schools for the white children, and that derived from taxation of the colored population shall in like manner be appropriated solely to the establishment and maintainance of schools for the colored children. Classification of school fund. SEC. X. Be it enacted by the authority aforesaid, That the Board of Education, with the approval of the Mayor and Council of said city, are authorized and empowered to receive, hold and apply any grants or donations of money or property that may be made by any persons or corporations for the benefit of said schools. Grants or donations. SEC. XI. Be it enacted by the authority aforesaid, That all the acts and doings of the Board of Education, before becoming effective, shall be approved by the Mayor and Council of the city of Montezuma. It shall be the duty of said Board of Education to report all their acts and doings officially to the Mayor and Council of Montezuma for approval or disapproval, immediately after such action is had and confirmed. All acts of the Board of Education not disapproved by the Mayor and Council of Montezuma in ten days after official notice, shall stand as approved by the said Mayor and Council, and the said Mayor and Council may prescribe what shall constitute official notice. Acts of board of education must be approved by Mayor and Aldermen. SEC. XII. Be it enacted by the authority aforesaid, That any person who shall vote at any election authorized under this Act, without being qualified to vote according to the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction in any court having jurisdiction of the same shall be punished as prescribed in section 4310 of the Code of 1882. Penalty for illegal voting. 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. [Note by the Compiler: This Act was not approved by the Governor.]

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TITLE IX. LIQUOR TRAFFIC. ACTS. Prohibiting sale within three miles of Pleasant View Church, Carroll county. Prohibiting manufacture or sale within five miles of New Hope Church, Carroll county. Prohibiting manufacture or sale within three miles of Nails Creek Church, Banks county. Amending liquor law for Wayne county. Prohibiting manufacture or sale within five miles of any church in Dodge county. Prohibiting sale within three miles of Mineral Bluff Academy. Prohibiting sale within two miles of Jerusalem Church, Fannin county. Prohibiting sale within two miles of Cowen Academy, in Cobb county. Prohibiting manufacture or sale within three miles of Mount Olivet Church, Banks county. Prohibiting sale within three miles of Vineyard Creek Church, Madison county. Prohibiting sale within two miles of Braswell Church, Morgan county. Regulating the sale in Harris county. Regulating the sale in Oglethorpe county. Prohibits the sale within three miles of Midway Church, Spalding county. Prohibiting sale within three miles of Union Church, Spalding county. Prohibits sale within three miles of Orchard Hill Church, Spalding county. Prohibiting sale within three miles of Teaman Church, Spalding county. Prohibits sale in 788th District, G. M., Heard county. Regulating the sale in Wilkes county. Prohibiting manufacture or sale within three miles of Baptist Church in Howell. Prohibiting sale within three miles of the churches of Raytown. Prohibiting sale within three miles of St. Mary's Institute and Chattanooga Valley Church, Walker county. Prohibiting sale within five miles of Fowltown Methodist and Christian Churches, in Decatur county. Prohibiting sale within three miles of Rock Spring Academy and Cove Church, in Walker county. Prohibiting manufacture or sale within four miles of Independence Church, Wilkes county, Prohibiting manufacture or sale within four miles of Pope's Chapel, Wilkes county. Prohibiting sale within two and two-thirds miles of Moore's Grove Church, Clarke county. Prohibiting sale within three miles of Baptist Church at Fork of Broad River, Madison county. Amending Act to prohibit sale within one mile of Midway Church, Gwinnett county. Prohibiting sale within three miles of Nazareth Church, Gwinnett county. Prohibiting sale within five miles of certain churches in Laurens county. Prohibiting sale within three miles of Pleasant Valley Church at Bostick, Talbot county. Prohibiting sale within three miles of Harmony Grove Church, Gwinnett county. Prohibiting sale within three miles of Ebenezer Church, Gwinnett county. Prohibiting sale within three miles of Laurens Hill Church, Laurens county.

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Prohibiting the sale in Polk county. Prohibiting sale in vicinity of certain churches in Carroll county. Regulating the sale in Laurens county. Prohibiting the sale within three miles of Antioch Church, Morgan county. Regulating sale in Logansville, Walton county. Repealing Act prohibiting sale in Smithville, Lee county. Regulating sale in Telfair county. Regulating the sale in Barnesville. Prohibiting sale within radius of four miles of certain churches in Dade county. Prohibiting sale within vicinity of Liberty Church in Gordon county. Prohibiting sale in vicinity of certain churches in Gordon county. Prohibiting sale within one and one-half miles of Sand Springs Church, Fulton county. Prohibits sale within three miles of Bethabara Church, Jackson county. Prohibits sale in vicinity of Blue Ridge Church, Fannin county. Prohibits sale within five miles of certain churches in Decatur county. Prohibits sale in vicinity of Crawfish Springs Church, Walker county. Prohibits sale in vicinity of Liberty Chapel, Bibb county. Prohibits sale within two miles of Holly Springs, Cherokee county. Prohibits sale within three miles of Reinhardt Normal College, Cherokee county. Prohibits sale in vicinity of Bass's Church, Bibb county. Prohibiting sale in Monroe county. Prohibiting sale within three miles of Macedonia Church, Miller county. Prohibits sale within four miles of Temple Church, Carroll county. Prohibits sale within five miles of Grove Level Church, Banks county. Prohibits sale within three miles of Subligna, Chattooga county. Prohibits sale within three miles of Summerours Church, Murray county. Prohibits sale within three miles of Union Church, Murray county. Prohibits sale in vicinity of Candler Church, Hall county. Prohibits sale in vicinity of certain churches in Dade county. Prohibits sale in vicinity of Pleasant Valley Church, Murray county. Prohibiting sale in vicinity of New Hope Church, Carroll county. Prohibiting sale in vicinity of Little River Church, Cherokee county.

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PROHIBITING SALE WITHIN THREE MILES OF PLEASANT VIEW CHURCH, CARROLL COUNTY. No. 172. An Act to prohibit the sale or manufacture of spirituous, alcoholic or malt liquors within a radius of three miles of Pleasant View Baptist Church in the county of Carroll. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to sell, barter, exchange or manufacture any spirituous, alcoholic or malt liquors in any quantity within a radius of three miles of Pleasant View Baptist Church in Carroll county. Manufacture and sale prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 24, 1889. PROHIBITING MANUFACTURE OR SALE WITHIN FIVE MILES OF NEW HOPE CHURCH, CARROLL COUNTY. No. 173. An Act to prohibit the sale or manufacture of spirituous, alcoholic or malt liquors within a radius of five miles of New Hope Methodist Episcopal Church South, in the county of Carroll. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any person or persons to manufacture, sell, barter or exchange spirituous, alcoholic or malt liquors within a radius of five miles of New Hope Methodist Episcopal Church South, in the county of Carroll, including the town of Whitesburg in said county. Manufacture and sale prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty.

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SEC. III. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved July 24th, 1889. PROHIBITING MANUFACTURE OR SALE WITHIN THREE MILES OF NAILS CREEK CHURCH, BANKS COUNTY. No. 201. An Act to prohibit the making or selling of intoxicating liquors within three miles of Nails Creek Baptist Church, in Banks county, in the State of Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons or corporation to make, sell, exchange or barter any intoxicating liquors of any kind in any quantity, within a radius of three miles of Nails Creek Baptist Church, in the county of Banks, in this State. Unlawful to make, barter or sell. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act, shall be held guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of this State. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 16, 1889.

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AMENDING LIQUOR LAW FOR WAYNE COUNTY. No. 206. An Act to amend an Act approved October 2, 1879, so far as the same relates to the county of Wayne; to fix the amount of license for selling or vending spirituous, intoxicating liquors, so as to include Jamaica ginger, intoxicating bitters and domestic wines, 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 section first of the above recited Act be, and the same is hereby amended as follows, to-wit: That the words Jamaica ginger, intoxicating bitters and domestic wines be inserted immediately after the word liquors and before the word in in the fourth line of said section of said Act, so that said section of said Act, as amended, will read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the annual license fee to sell or vend spirituous, intoxicating or malt liquors, Jamaica ginger, intoxicating bitters or domestic wines, in any quantity, in the county of Wayne, shall be one thousand dollars. Amends original Act. Jamaica ginger and intoxicating bitters included in Act. SEC. II. Be it further enacted by the authority aforesaid, That the county authorities of the county of Wayne shall not issue license to any person to sell spirituous, intoxicating liquors, Jamaica ginger, intoxicating bitters or domestic wines, until the party applying therefor shall have paid to the County Treasurer of said county the license fee of one thousand dollars, and shall have given the bond and taken the oath now required by law for retailers of spirituous liquors. License fee must be paid before license can be issued. SEC. III. Be it further enacted by the authority aforesaid, That any person violating the provision of this amended Act shall be held and deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Revised Code of 1882. Penalty for violating this Act. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1889.

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PROHIBITING MANUFACTURE OR SALE WITHIN FIVE MILES OF ANY CHURCH IN DODGE COUNTY. No. 224. An Act to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt, vinous, or other intoxicating liquors, or bitters, or beer, in any quantity, within five miles of any church in Dodge county, Georgia, and to provide for the punishment of same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for any person to manufacture, sell, exchange, or furnish, in any quantity, any spirituous, malt, vinous, or other intoxicating liquors, or bitters, or beer, within five miles of any church in the county of Dodge, Georgia. Manufacture or sale prohibited SEC. II. Be it further enacted, That any person who shall violate the provisions of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1882. 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 August 26, 1889. PROHIBITING SALE WITHIN THREE MILES OF MINERAL BLUFF ACADEMY. No. 234. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within a radius of three miles of Mineral Bluff Academy, in the town of Mineral Bluff, Fannin county, Georgia, and to provide a penalty for a violation of the same. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passage of this Act it shall not be lawful for any person or persons to sell spirituous, malt or intoxicating liquors within a radius of three miles of Mineral Bluff Academy, in the town of Mineral Bluff, Fannin county, Georgia. Sale prohibited in certain limits.

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SEC. II. Be it further enacted, that any person violating any provision of the foregoing section shall be punished, upon conviction, as prescribed in section 4310 of the Code, for each and every violation of said Act. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 28, 1889. PROHIBITING SALE WITHIN TWO MILES OF JERUSALEM CHURCH, FANNIN COUNTY. No. 235. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within two miles of Jerusalem Church, in Fannin county, Georgia, and to provide a penalty for a violation of the same. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell spirituous, malt, or intoxicating liquors within a radius of two miles of Jerusalem Church, in Fannin county, Georgia. Unlawful to sell liquors, etc. SEC. II. Be it further enacted, That any person violating any provision of the foregoing section shall be punished, upon conviction, as prescribed in section 4310 of the Code for each and every violation of said Act. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 28, 1889.

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PROHIBITING SALE WITHIN THREE MILES OF COWEN ACADEMY IN COBB COUNTY. No. 266. An Act to prohibit the sale of spirituous or malt liquors within three miles of the Cowen Academy in Cobb county, near the line between Cobb and Cherokee counties, to provide a penalty for the violations of the provisions of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall not be lawful for any person to sell, barter or exchange, either directly or indirectly, any spirituous, malt, alcoholic or other intoxicating liquors in any quantity whatever, within three miles of the Cowen Academy, in Cobb county, near the line between the counties of Cobb and Cherokee in said State. Prohibits sale within three miles of Cowen Academy. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889. PROHIBITING MANUFACTURE OR SALE WITHIN THREE MILES OF MOUNT OLIVET CHURCH, BANKS COUNTY. No. 283. An Act to prevent the sale or manufacture of spirituous, vinous or malt liquors within three miles of Mount Olivet Methodist Church, in Banks county, 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 authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell or manufacture any spirituous, vinous or malt liquors within three miles of Mount Olivet Methodist Church, in the county of Banks, State of Georgia. Sale or manufacture prohibited.

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SEC. II. Be it further enacted, that any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889. PROHIBITING SALE WITHIN THREE MILES OF VINEYARD CREEK CHURCH, MADISON COUNTY. No. 301. An Act to prohibit the sale of intoxicating liquors within three miles of Vineyard Creek Baptist Church, in Madison county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for any person or persons, either directly or indirectly to sell any intoxicating liquors within the radius of three miles of Vineyard Creek Church in 205th District, G. M., Madison county, State of Georgia. Sale of intoxicating liquors prohibited. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction, shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 19, 1889.

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PROHIBITING SALE WITHIN TWO MILES OF BRASWELL ACADEMY, MORGAN COUNTY. No. 327. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within two miles of Braswell Academy in Morgan county, Georgia, and to provide a penalty for the violation of the same. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to sell, barter or exchange spirituous, malt or intoxicating liquors, in any quantity, within two miles of Braswell Academy, in Morgan county, Georgia. Unlawful to sell or exchange spirituous liquors. SEC. II. Be it further enacted by the authority of the same, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889. REGULATING THE SALE IN HARRIS COUNTY. No. 335. An Act to prohibit the sale of spirituous, or malt, or vinous liquors by the gallon, or larger quantities in the county of Harris, unless the seller shall pay a tax of twenty-five dollars to the county and obtain the written consent of two-thirds of the bona fide citizens, freeholders, within three miles of the locality where the same is sold, and present the same to the County Commissioners; and to vest said Commissioners with the discretion of granting or refusing a license therefor; to fix a penalty for a violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall not be lawful for any

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person to sell by the gallon, or larger quantities, any spirituous, vinous or malt liquors within the county of Harris, unless the seller shall first pay to the County Commissioners a tax of twenty-five dollars, and obtain the written consent of two-thirds of the bona fide resident freeholders within three miles of the locality where it is proposed to sell the same, and shall file the same with the County Commissioners of said county at the time such person registers his business and pays the tax required by law; and if any person shall sell by the gallon, or in any larger quantities, such spirituous, vinous or malt liquors without first obtaining such written consent of the freeholders, as herein provided, and without registering and paying the tax required by law, or who shall sell such liquors if the County Commissioners refuse to allow him to register his said business, then such person shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code. Manner of obtaining license. Penalty for selling liquors without license. SEC. II. Be it further enacted, That it shall be discretionary with the County Commissioners of said county to decline to permit any applicant to register as such seller of spirituous, vinous or malt liquors; and to determine whether the provisions of this Act have been complied with; and if said Commissioners shall determine that any applicant is not entitled to sell such liquors by the gallon, or in larger quantities, as herein provided, and if any person, having made such application, shall sell such liquors by the gallon, or larger quantity, such person shall be guilty of a misdemeanor, and on conviction be punished as prescribed in section 4310 of the Code of 1882. County commissioners have jurisdiction as to granting license. SEC. III. Be it further enacted, That nothing herein contained shall be construed to impair, alter or amend or change the present laws in force in said county relative to the sale of liquors by retail, either in the county or municipal corporations thereof. Does not effect existing laws. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 28, 1889.

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REGULATING THE SALE IN OGLETHORPE COUNTY. No. 341. An Act to provide a system to establish an agent in the county of Oglethorpe for the purpose of selling liquors for medical purposes only. 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 Grand Jury of the county of Oglethorpe at the first term of the Superior Court held after the passage of this Act, and annually thereafter, to select by a majority vote thereof an agent in said county for the term of one year, whose duty it shall be to keep and sell unadulterated intoxicating liquors for medical purposes only. Grand Jury required to select an agent to sell liquors SEC. II. Be it further enacted, That said agent shall be commissioned by the Judge of the Superior Court, and before entering upon the duties of his office shall give bond in the sum of five hundred dollars for the faithful performance of his duty in compliance with this Act, and shall take an oath not to sell or otherwise dispose of any intoxicating liquors, either directly or indirectly, except strictly for medical purposes, and in all respects to comply faithfully with the provisions of this Act. Who shall be a commissioned and bonded officer. SEC. III. Be it further enacted, That said agent shall be allowed to keep on hand at the county site not exceeding one hundred gallons of said intoxicating liquors, and shall not sell the same for a profit of exceeding fifty per cent. above the actual cost thereof. Stock and profit allowed. SEC. IV. Be it further enacted, That said agent shall not sell any intoxicating liquors, directly or indirectly, except it shall be for medical purposes, and that he shall not sell the same except upon a written certificate of a regular licensed practicing physician, stating the amount and for whom and for what it is wanted, and shall sell only once on the same certificate, and shall, on no event, sell more than one-half gallon at one time on the same certificate. Shall only sell for medicinal purposes, etc. SEC. V. Be it further enacted, That said agent shall keep a record of the purchase, cost and sale of all liquors so purchased and sold by him, giving names and persons of purchasers and amounts of cost and sale, and that said book shall be subject to the inspection of the Grand Jury at each term of the Superior Court. Record of sales. SEC. VI. Be it further enacted, That no physician shall give a certificate for any kind of intoxicating liquors, except it shall be strictly for medical purposes, and he shall prescribe only as he

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would other medicines; and said physician shall not be allowed to issue blank certificates; and it shall be illegal for any person purchasing intoxicating liquors under this Act to drink the same on the premises where the same is purchased; and any physician, person or persons violating the provisions of this Act shall, upon conviction thereof, be punished as prescribed in section 4310 of Code of 1882. Manner of issuing certificates. SEC. VII. Be it further enacted, That it shall be the duty of any agent selected under this Act to keep on file each certificate on which he furnishes any intoxicating liquors as aforesaid, and return the same semi-annually for the inspection of the Grand Jury of the county. Certificates must be filed. SEC. VIII. Be it further enacted, That any agent selected under the provision of this Act violating the same, shall, on conviction thereof, be punished for each offense as prescribed in section 4310 of Code of 1882. Penalty for violation of 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 October 3, 1889. PROHIBITS THE SALE WITHIN THREE MILES OF MIDWAY CHURCH, SPALDING COUNTY. No. 344. An Act to prohibit the sale of intoxicating liquors within three miles of Midway Methodist Church, in Aikin district, Spalding, county, and to provide a penalty for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person to sell intoxicating liquors of any kind within three miles of Midway Methodist Church, in Aikin district, Spalding county, Georgia. Sale prohibited. SEC. II. Be it further enacted, That any person who shall violate the first section of this Act shall be guilty of a misdemeanor, and, on conviction, punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889.

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PROHIBITING SALE WITHIN THREE MILES OF UNION CHURCH, SPALDING COUNTY. No. 345. An Act to prohibit the selling of intoxicating or alcoholic liquors within three miles of Union Baptist Church, in Spalding county; to provide a penalty for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any person or persons, either directly or indirectly, as owner, agent, clerk, or otherwise, to sell intoxicating or alcoholic liquors of any kind, or intoxicating bitters, or other nostrums, which if drank to excess will produce intoxication, in any quantity whatever within three miles of Union Baptist Church, in Cabins discrict, Spalding county, and any person or persons violating the provisions of this Act, either directly or indirectly through agent, clerk, or otherwise, all such persons, whether owner, agent or clerk shall be guilty of a misdemeanor, and, upon conviction for the same, shall be punished as prescribed ip section 4310 of the Code of 1882 of this State. Unlawful to sell intoxicating liquors etc. Penalty. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889. PROHIBITING SALE WITHIN THREE MILES OF ORCHARD HILL CHURCH, SPALDING COUNTY. No. 347. An Act to prevent the sale of intoxicating liquors within three miles of the Methodist Church at Orchard Hill, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any person to sell or otherwise dispose of, for value in any way, any intoxicating liquors within three miles of the Methodist Church at Orchard Hill, Spalding county, Georgia. Sale of liquors prohibited.

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SEC. II. That any person who shall sell, or in any manner dispose of, for value, any intoxicating liquor, of any kind whatsoever, within said limits, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Penalty SEC. III. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved October 3, 1889. PROHIBITING SALE WITHIN THREE MILES OF TEAMON CHURCH, SPALDING COUNTY. No. 349. An Act to prohibit the sale of intoxicating liquors and intoxicating bitters within three miles in every direction of Teamon Baptist Church, in Cabins district, in Spalding county, and to provide a penalty for the violation of the same, and other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person to sell or offer for sale intoxicating liquors or intoxicating bitters of any kind within a radius of three miles of Teamon Baptist Church, in Cabin's district, Spalding county. Unlawful to sell liquors or intoxicating bitters. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof in any court having [Illegible Text] shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889.

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PROHIBITING SALE IN 788TH DISTRICT, G. M., HEARD COUNTY. No. 355. An Act to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors or bitters, in any quantity, either by wholesale or retail, in all that portion of the 788th district, G. M., of Heard county, Georgia, lying east of the Chattahooche river in said county, and to provide for the punishment of the same. SECTION I. Be it enacted by the General Assemby of the State of Georgia, That from and after the passage of this Act it shall not be lawful for any person or persons or firm to sell or or fiurnish, in any quantity, either at retail or wholesale, directly or indirectly, any spirituous, malt or other intoxicating liquors or bitters within the limits of that portion of the 788th district, G. M., of Heard county lying east of the Chattahooche river in said county; Provided, the provision of this Act shall not apply to any person or firm who have paid the tax to sell by the gallon for the year 1889. Sale of intoxicating liquors prohibited in certain districts. SEC. II. Be it further enacted, That any person or persons or firm, who shall violate the provisions of this Act, shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty for violation of Act. SEC. III. Be it further enacted, That the provisions of this Act shall not apply to any person selling domestic wine of their own manufacture, made from grapes or berries grown on land owned, rented or leased by them. Does not apply to domestic wine. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889. REGULATING THE SALE IN WILKES COUNTY. No. 357. An Act to regulate the sale of intoxicating, spirituous and malt liquors in the county of Wilkes, State of Georgia, and to prescribe the punishment for violations of the provisions of this Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall not be lawful to sell within the limits of Wilkes county any intoxicating, spirituous or malt liquors, in any quantity whatever, except as

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hereinafter provided, and any person violating the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction, shall be punished as is prescribed in section 4310 of the present Code of Georgia. Unlawful to sell spirituous liquors in Wilkes county. SEC. II. Be it further enacted, That it shall be lawful to sell the liquors mentioned in the preceding section, within the corporate limits of the town of Washington, Georgia, in quantities not less than one quart, but any one wishing to sell any such liquors must, before doing so, apply to and obtain from the Board of Commissioners of said town a license; but such Board of Commissioners shall have power to grant or refuse such application. Such Board of Commissioners shall fix the price of such license; Provided, that in no case shall the price of such license be less than four hundred dollars, nor shall any license be issued for a shorter period than twelve months. Does not apply to town of Washington. Proviso. SEC. III. Be it further enacted, That it shall not be lawful for any person holding a license as provided for in the preceding section, or any one in the employment of such persons, to permit any of the liquors aforesaid to be drank at the store, or on the premises, or at such places where such liquors are sold, or exchanged, or given away, the object of this provision being to prevent the drinking of any of such liquors at the place where they are sold, or where they are kept for sale. Nor shall any merchant or trader, whether holding such license or not, keep at his or her place of business any of the liquors aforesaid for the purpose of inducing trade. Any one, whether owner or employe, violating the provisions of this section shall be guilty of a misdemeanor, and, on conviction, shall be punished as is prescribed in section 4310 of the Code of Georgia, and shall also forfeit his or her license, in cases where licenses are held, and it is hereby made the duty of said Board of Commissioners to revoke such license. Liquors must not be drank on the premises where sold. Penalty for [Illegible Text] this Act. SEC. IV. Be it further enacted, That nothing in this Act shall be so construed as to prevent the manufacture, sale and use of domestic wines or cider, or the sale of wines for sacramental purposes; nor shall anything herein contained prevent licensed druggists from selling or furnishing pure alcohol for medicinal, art, scientific or mechanical purposes. Does not apply to domestic wine. SEC. V. Be it further enacted, That this Act shall not prevent any one from selling liquors under a license issued before the passage of this Act. Does not effect existing licenses SEC. VI. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved October 3, 1889.

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PROHIBITS THE MANUFACTURE OR SALE WITHIN THREE MILES OF THE BAPTIST CHURCH IN HOMER, BANKS COUNTY. No. 384. An Act to prohibit the manufacture or sale of distilled, malt or vinous liquors within three miles of the Baptist church in the town of Homer, Banks county, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to sell, manufacture or barter distilled, malt or vinous liquors within three miles of Homer Baptist Church, in Banks county, Georgia. Sale of liquors prohibited. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. PROHIBITING SALE WITHIN THREE MILES OF THE CHURCHES OF RAYTOWN, TALIAFERRO COUNTY. No. 394. An Act to prohibit the sale of distilled, malt or vinous liquors within three miles of the Methodist and Baptist Churches situated in the village of Raytown, in the 172nd district, G. M., Taliaferro county, except in Sharon, an incorporated town in said district, and to provide a penalty for a violation thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any person to sell or barter distilled, malt or vinous liquors within three miles of the Methodist and Baptist Churches situated in the village of Raytown, in the 172nd district, G. M.,

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Taliaferro county, except in Sharon, an incorporated town in said district. Sale of barter of liquors prohibited. SEC. II. Be it further enacted by authority of the same, That any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Penalty for violating this Act. SEC. III. Be it further enacted by the authority of the same, That all laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. PROHIBITING SALE WITHIN THREE MILES OF ST. MARY'S INSTITUTE AND CHATTANOOGA VALLEY CHURCH, WALKER COUNTY. No. 402. An Act to prohibit the sale of spirituous, alcoholic or malt liquors, or intoxicating bitters, within a radius of three miles of St. Mary's Masonic Institute, in the county of Walker, and also to prohibit the same within a radius of three miles of Chattanooga Valley Baptist Church, in the county of Walker. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to sell or exchange any kind of intoxicating liquors or bitters in any quantity within a radius of three miles of St. Mary's Masonic Institute, in Walker county, or within a radius of three miles of Chattanooga Valley Baptist Church, in the county of Walker; Provided, nothing in this Act shall prevent any person from selling domestic wine or cider made upon his own lands or the lands leased or rented by him. Manufacture or sale of liquors prohibited SEC. II. Be it further enacted, That any person or persons violating the provisions of section one of this Act, upon conviction of the same, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for violating this Act. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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PROHIBITING SALE WITHIN FIVE MILES OF FOWLTOWN METHODIST AND CHRISTIAN CHURCHES, IN DECATUR COUNTY. No. 406. An Act to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt, vinous or other intoxicating liquors or bitters or beer, in any quantity, within five miles of Fowltown Methodist and Christian churches, in Decatur county, Georgia, and to provide for the punishment of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any person or persons to manufacture, sell, exchange or furnish in any quantity whatever any spirituous, malt, vinous, or other intoxicating liquors, or bitters, or beer, within five miles of Fowltown Methodist and Christian churches in the county of Decatur, State of Georgia. Manufacture or sale of liquors prohibited. SEC. II. Be it further enacted, That any person or persons who shall violate the provisions of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty for violating this Act. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889.

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PROHIBITING SALE WITHIN THREE MILES OF ROCK SPRING ACADEMY AND COVE CHURCH, WALKER COUNTY. No. 407. An Act to prohibit the sale of intoxicating, spirituous or malt liquors or intoxicating bitters, in any quantity, either by wholesale or retail, within three miles of Rock Spring Academy, in Walker county, Georgia; and also to prohibit the same within three miles of Cove Church, in McLemore's Cove, Walker county, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to sell or exchange any kind of intoxicating liquors or intoxicating bitters, in any quantity, either by wholesale or retail, within three miles of Rock Spring Academy, Walker county, Georgia, or within three miles of Cove Church, in McLemore's Cove, Walker county, Georgia; Provided, nothing in this Act shall prevent any person from selling domestic wine or cider made from fruit or berries grown upon his own lands, or lands leased or rented by him. Unlawful to sell or barter within vicinity of Cove Church, etc Proviso. SEC. II. Be it further enacted, That any person violating the provisions of section first of this Act, upon conviction of the same, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. PROHIBITING MANUFACTURE OR SALE WITHIN FOUR MILES OF INDEPENDENCE CHURCH, WILKES COUNTY. No. 408. An Act to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within four miles of Independence Church, in the county of Wilkes, and to provide penalties for any violation of this Act. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall not be lawful

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for any person or persons, by agent or otherwise, to manufacture, sell, barter or exchange, or, by any device whatever, sell or dispose of any spirituous, malt, or intoxicating liquors, or alcoholic or intoxicating bitters, within four miles of Independence Church, in the county of Wilkes; and any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia; Provided, nothing in this act shall be construed to prevent any one now selling under existing license from continuing to do so until the expiration of said license. Prohibits manufacture or sale of liquors etc. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That this Act shall not be construed to prevent the manufacture of domestic wine or cider within said four miles. Does not include domestic wine. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. PROHIBITING MANUFACTURE OR SALE WITHIN FOUR MILES OF POPES CHAPEL WILKES COUNTY. No. 409. An Act to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within four miles of Pope's Chapel, in the county of Wilkes, and to provide penalties for any violations of this Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to manufacture or sell any spirituous, malt or intoxicating liquors within four miles of Pope's Chapel, in the county of Wilkes, State of Georgia, and any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia. Manufacture or sale prohibited. Penalty. SEC. II. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to prohibit the manufacture of domestic wine or eider. Domestic wine not included.

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SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 16, 1889. PROHIBITING SALE WITHIN TWO AND TWO-THIRDS MILES OF MOORE'S GROVE CHURCH, CLARKE COUNTY. No. 421. An Act to prohibit the sale of intoxicating liquors within two and two thirds (2[frac23]) miles of Moore's Grove Baptist Church in Clarke county, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell any intoxicating liquors, be the same spirituous, vinous or malt, within two and two-thirds (2[frac23]) miles from Moore's Grove Baptist Church in Clarke county, Georgia; Provided, that this Act shall not affect the rights of parties who have already taken out license. Sale of liqours in certain territory prohibited. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That any person violating any provision of the foregoing section shall be punished, upon conviction, as prescribed in section 4310 of the Code, for each and every violation of said Act. Penalty for violating this Act. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 22, 1889.

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PROHIBITING SALE WITHIN THREF MILES OF BAPTIST CHURCH AT FORK OF BROAD RIVER, MADISON COUNTY. No. 430. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of the Baptist Church at Fork of Broad River, in Madison county, Georgia, and to provide a penalty for violating the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell spirituous, malt or intoxicating liquors within three miles of the Baptist Church at Fork of Broad River, in Madison county, Georgia; Provided, that this Act shall not affect the rights of parties who have already taken out license. Sale of liquors prohibited. Proviso. SEC. II. Be it further enacted by the authority of the same, That any person or persons violating any provision of the foregoing section shall be punished, upon conviction, as prescribed in section 4310 of the Code of 1882 for each and every violation of said Act. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 23, 1889. AMENDING ACT TO PROHIBIT SALE WITHIN ONE MILE OF MIDWAY CHURCH, GWINNETT COUNTY. No. 441. An Act to amend an Act to prohibit the sale of intoxicating liquors within one mile of Midway Church, in Gwinnett county, approved February 17, 1877, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the first section of the above recited Act be amended so as to strike out the words one mile in the fourth line in said section and insert in lieu thereof the words two miles, so that said section, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of

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Georgia, that from and after the passage of this Act it shall not be lawful for any person or persons to sell any kind of intoxicating liquors within two miles of Midway Church, in Gwinnett county. Amends original Act. Prohibits sale in two miles of Midway Church. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 24, 1889. PROHIBITING SALE WITHIN THREE MILES OF NAZARETH CHURCH, IN GWINNETT COUNTY. No. 451. An Act to prohibit the manufacture or sale of spirituous liquors within three miles of Nazareth Protestant Methodist church in the county of Gwinnett, and to provide a penalty for same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to manufacture or sell any spirituous liquors within three miles of Nazareth Protestant Methodist church in the county of Gwinnett, in said State. Sale of liquors near Nazareth Church prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the 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 October 25, 1889.

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PROHIBITING SALE WITHIN FIVE MILES OF CERTAIN CHURCHES OF LAURENS COUNTY. No. 453. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within five (5) miles of Bethesda, Bethlehem, Blue Springs, Blue Water, Boiling Springs, Buck Eye, Darsey's Chapel, Gethsemane, Marvin, Mt. Carmel, Mt. Zion (Methodist), Mt. Zion (Baptist), Pleasant Grove, Pleasant Hill, Poplar Springs, Robinson's Chapel, Rock Springs, Shady Grove, Snow Hill and White Spring churches, in Laurens county, and to provide a penalty for the violation of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to vend, sell or exchange any kind of spirituous, malt or alcoholic liquors in any quantity within five miles of Bethesda, Bethlehem, Blue Springs, Blue Water, Boiling Springs, Buck Eye, Darsey's Chapel, Gethsemane, Marvin, Mt. Carmel, Mt. Zion (Methodist), Mt. Zion (Baptist), Pleasant Grove, Pleasant Hill, Poplar Springs, Robinson's Chapel, Rock Springs, Shady Grove, Snow Hill and White Springs churches, in Laurens county. Sale of liquer prohibited in certain localities. SEC. II. Be it further enacted, That any person or persons who shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889.

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PROHIBITING SALE WITHIN THREE MILES OF PLEASANT VALLEY CHURCH AT BOSTICK, TALBOT COUNTY. No. 455. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Pleasant Valley Methodist Church at Bostick, Talbot county, Ga., prescribe penalties, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell or barter any spirituous, malt or intoxicating liquors within three miles of Pleasant Valley Methodist Church at Bostick, Talbot county, Georgia. Sale of intoxicating liquors prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in section 4310 of the Code. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889. PROHIBITING SALE WITHIN THREE MILES OF HARMONY GROVE CHURCH, GWINNETT COUNTY. No. 458. An Act to prohibit the manufacture or sale of spirituous or malt liquors within three miles of Harmony Grove Church, in Gwinnett county, and to provide a penalty for violation of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to manufacture or sell spirituous or malt liquors within three miles of Harmony Grove Church, Cain's district, in Gwinnett county. Unlawful to sell liquors near Harmony Grove Church. SEC. II. Be it further enacted by the authority of the same, That any person or persons violating any provisions of the foregoing section

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shall be punished, upon conviction, as prescribed in section 4310 of the Code, for each and every violation of this Act. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 25, 1889. PROHIBITING SALE WITHIN THREE MILES OF EBENEZER CHURCH, GWINNETT COUNTY. No. 466. An Act to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within three miles of Ebenezer Baptist Church, in Gwinnett county, Georgia, and to provide a penalty for the violation of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall not be lawful for any person or persons to manufacture or sell spirituous, malt, vinous or intoxicating liquors within a radius of three miles of Ebenezer Baptist Church, in Gwinnett county, Georgia. Sale in vicinity of Ebenezer Church prohibited. SEC. II. Be it further enacted by the authority of the same, That any person or persons violating any provision of the foregoing section shall be punished, upon conviction, as prescribed in section 4310 of the Code of 1882, of Georgia, for each and every violation of said Act. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889.

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PROHIBITING SALE WITHIN THREE MILES OF LAURENS HILL CHURCH, LAURENS COUNTY. No. 468. An Act to prohibit the sale of spirituous, intoxicating or malt liquors within three miles of Laurens Hill Baptist Church, situated in 345th district, G. M., Laurens county, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to sell any spirituous, intoxicating or malt liquors within three miles of Laurens Hill Baptist Church, situated in 345th district, G. M., Laurens county, Georgia. Sale of liquors prohibited. SEC. II. Be it further enacted by authority of the same, That any person or persons violating any provision of the foregoing section shall be punished, upon conviction, as prescribed in section 4310 of the Code for each and every violation of this Act. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with the foregoing Act be, and the same are hereby repealed. Approved October 26, 1889. PROHIBITING THE SALE IN POLK COUNTY. No. 476. An Act to prohibit the sale of intoxicating, malt or spirituous liquors in any quantity in the county of Polk, in the State of Georgia; to provide a penalty for the violation of the same, and for other purposes. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall not be lawful for any person or persons to sell any intoxicating, malt or spirituous liquors, in any quantity, in the county of Polk, in this State. Unlawful to sell in toxicating liquors. SEC. II. Be it further enacted, That nothing in this Act shall be so construed as to prevent or prohibit the manufacture, sale and use of domestic wines or cider, or the sale of wines for sacramental purposes. Does not apply to domestic wine.

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SEC. III. Be it further enacted by the authority aforesaid, That any person who shall violate the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. PROHIBITING THE SALE IN VICINITY OF CERTAIN CHURCHES IN CARROLL COUNTY. No. 478. An Act to prohibit the sale of spirituous, intoxicating or malt liquors within four miles of Stripling Chapel Methodist Church; within four miles of Oak Grove Baptist Church, and within two miles of Roopville Methodist Church, each located in Carroll county, 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 authority of the same, That from and after the passage of this Act, that it shall be unlawful for any person or persons to sell any spirituous, intoxicating or malt liquors within four miles of Stripling Chapel Methodist Church; within four miles of Oak Grove Baptist Church, and within two miles of Roopville Methodist Church, each located in Carroll county, State of Georgia; Provided, the provisions of this Act shall not apply to any person or firm who have paid the State tax to sell by the gallon for the year 1889, or who have license to sell, until the expiration of said license. Unlawful to sell liquors in vicinity of certain churches. Proviso. Penalty. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1882. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889.

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REGULATING THE SALE IN LAURENS COUNTY. No. 481. An Act to require the sellers of liquors, in any quantity, in the county of Laurens, to obtain the written consent of two-thirds of the bona fide freeholders residing within three miles of the place where the same is sold; to require all dealers in liquor in any quantity to register in the manner that dealers are required to register under the general law of this State; to require dealers to pay the tax, or license, and obtain a license for such sale; to give the Ordinary of Laurens county the discretion to refuse license to any one; to prescribe a penalty for a violation of this Act, and for other purposes. SECTION. I. Be it enacted by the General Assembly, That from and after the passage of this Act, it shall not be lawful for any person to sell any spirituous, intoxicating or malt liquors in the county of Laurens without complying with the following regulations: First. The seller shall obtain the written consent of two-thirds of the bona fide freeholders residing within three miles, in all directions, from the place where it is proposed to sell liquor. Second. The seller must register in the manner that the general State law requires liquor dealers to register before he shall begin to sell. Third. The seller shall, before he begins to sell, obtain from the Ordinary of Laurens county a license to sell, and pay the license fee and the taxes required by law. Restrictions for sale of liquor in Laurens county. SEC. II. Be it further enacted, That the Ordinary of Laurens county may, in his discretion, refuse a license to any one, although the applicant may have complied with all the provisions of this Act. Ordinary has discretion to refuse license SEC. III. Be it further enacted, That if any person shall sell any spirituous, malt or intoxicating liquors of any kind within the county of Laurens without having obtained the consent of bona fide freeholders herein provided for, or without registering, or without paying the license fee, or tax, or without obtaining a license from the Ordinary of Laurens county, such person shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Revised Code of 1882. Penalty for selling liquors without license. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889.

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PROHIBITING THE SALE WITHIN THREE MILES OF ANTIOCH CHURCH, MORGAN COUNTY. No. 483. An Act to prohibit the manufacture or sale of spirituous or malt liquors, or any other intoxicating liquors, within a radius of three miles of Antioch Baptist Church in Morgan county, Georgia, and to prescribe a penalty for the violation of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for any person or persons to manufacture or sell any spirituous or malt liquors, or any other intoxicating liquors, within a radius of three miles of Antioch Baptist Church in Morgan county, Georgia. Prohibits sale in vicinity of Antioch Church. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons who shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction for such offense, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. REGULATING THE SALE IN LOGANVILLE, WALTON COUNTY. No. 484. An Act to repeal a part of section 13 of an Act entitled nn Act to incorporate the town of Loganville, in the county of Walton, etc., approved September 20, 1887. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That that part of section 13 in the Act incorporating the town of Loganville, in the county of Walton, which reads as follows: Provided, such license shall not be less than one thousand dollars per annum on each firm or business engaged in such sale, be, and the same is hereby repealed; that said section, as repealed, shall

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read as follows: That said Mayor and Councilmen shall have power and authority to regulate the sale of spirituous, malt, and intoxicating liquors in said town of Logansville; to grant license, and to fix the fees for the same when granted, and to impose penalties upon persons selling such liquors without license. Mayor and Aldermen have authority to regulate sale. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. REPEALING ACT PROHIBITING SALE IN SMITHVILLE, LEE COUNTY. No. 494. An Act to repeal an Act entitled An Act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the town of Smithville, Lee county, Georgia, or within three (3) miles of said town. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act entitled An Act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the town of Smithville, Lee county, Georgia, or within three (3) miles of said town, and providing a penalty for violating the same, and other purposes, approved September 12, 1885, be, and the same is hereby repealed. Act prohibiting sale 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 October 29, 1889.

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REGULATING SALE IN TELFAIR COUNTY. No. 513. An Act to prescribe the manner of granting license to sell spirituous or intoxicating liquors in the county of Telfair; fixing the license at five thousand dollars to sell in any quantity, and to provide penalties for the violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for any person to sell spirituous liquor or any drink o an intoxicating nature, liable to produce drunkenness, in any quantity whatever, by the gallon or otherwise, within the limits of Tel fair county, including the incorporated towns of said county, without first complying with the now existing laws of force in said county, prescribing the manner of procuring license to sell spirituous liquors in said county, and shall pay therefor the sum of five thousand dollars per annum, according to said laws. Prohibits sale of liquors in Telfair county without procuring license. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. REGULATING THE SALE IN BARNESVILLE. No. 514. An Act to repeal so much of the Act approved September 18, 1883, to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in Pike county, so far as the same relates to the town of Barnesville; to provide that the Mayor and Council of Baresville may regulate the sale of liquors as in this Act prescribed, and for other purposes. SECTION I. Be it enacted by the General Assembly, That the Act which prohibits the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Pike, approved September 18,

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1883, be, and the same is hereby, repealed so far as the same relates to the town of Barnesville, in Pike county, to the extent stated in the second section of this Act. So much of Act as refers to Barnesville repealed. SEC. II. Be it further enacted, That the Mayor and Council of Barnesville shall have the power and authority to regulate and control the sale in Barnesville of spirituous and malt liquors, wine and ciders for medicinal, mechanical and sacramental purposes only. Authority of Mayor and Council. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. PROHIBITING SALE WITHIN RADIUS OF FOUR MILES OF WILDWOOD AND OTHER CHURCHES IN DADE COUNTY. No. 551. An Act to prevent the sale or manufucture of spirituous or malt liquors for and within a radius of four miles in each and every direction from Wildwood Baptist Church, and the same provisions to apply to the Morganville Methodist Church, as to the sale and manufacture of spirituous and malt liquors within four miles of said churches, situated in the county of Dade, State of 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, the sale and manufacture of spirituous and malt liquors are prohibited, and it shall not be lawful for any person or persons to sell or manufacture any spirituous or malt liquors within four miles in each and every direction from the Wildwood Baptist and Morganville Methodist churches, situated in the county of Dade, State of Georgia. Sale of liquors prohibited. SEC. II. Be it further enacted, That any person or persons who shall violate the provisions of this Act shall suffer all the pains and penalties of section (4310) forty-three ten of the Code of Georgia; Provided, that the provisions of this bill shall not apply to any person now selling liquors under a license, until such license shall have expired. Penalty. Proviso. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889.

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PROHIBITING SALE WITHIN TWO MILES OF LIBERTY CHURCH AND REEVES' STATION CHURCH, IN GORDON COUNTY. No. 559. An Act to prohibit the furnishing or sale of spirituous, intoxicating or malt liquors within two miles of Liberty Presbyterian Church and Reeves' Station Protestant Methodist Church, each located in Gordon county, 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 aforesaid, That from and after the passage of this Act, it shall be unlawful for any person or persons to sell or furnish any spirituous, intoxicating or malt liquors, in any quantities, within two miles of Liberty Presbyterian Church, or within two miles of Reeves' Station Protestant Methodist Church, each located in Gordon county, State of Georgia. Sale within certain limits prohibited. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons who shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof, be punished as prescribed in section 4310 of the Code of 1882 of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 5, 1889. PROHIBITING SALE WITHIN ONE MILE OF UNITY BAPTIST CHURCH AND UNION METHODIST CHURCH IN PLAINVILLE. GORDON COUNTY. No. 562. An Act to prohibit the sale of malt, vinous, spirituous or intoxicating liquors within a radius of one mile from Unity Baptist Church and Union Methodist Church, both located in the town of Plainville, Gordon county, Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after

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the passage of this Act, it shall be unlawful for any person or persons to sell malt, vinous, spirituous or intoxicating liquors within a radius of one mile of Unity Baptist Church and Union Methodist Church, both located in the town of Plainville, Gordon county, Georgia. Sale of liquors, etc., prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction of the same, shall be punished as prescribed in section 4310 of the Code. 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 November 5, 1889. PROHIBITING SALE WITHIN ONE AND ONE-HALF MILES OF SANDY SPRINGS CHURCH, FULTON COUNTY No. 574. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within one and a half miles of Sandy Springs Church and Camp Grounds, in Fulton county. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell spirituous, malt or intoxicating liquors within a radius of one and a half miles from Sandy Springs Church and Camp Grounds, in Fulton county. Sale of liquors prohibited. SEC. II. Be it further enacted by authority of the same, That any person or persons violating any provision of this Act shall be punished, upon conviction, as prescribed in section 4310 of the Code, for each and every violation of the provisions of this Act. 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 November 7, 1889.

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PROHIBITS SALE WITHIN THREE MILES OF BETHABARA CHURCH, JACKSON COUNTY. No. 644. An Act to prohibit the sale or delivery of any alcoholic, vinous or malt liquors within three miles of Bethabara Church, in Jackson 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 it shall not be lawful for any person or persons to vend, sell or exchange any kind of spirituous, vinous, malt or other intoxicating liquors, in any quantity, within three miles of Bethabara Church, in Jackson county, Georgia. Sale or exchange of liquors prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Penalty for violating this Act. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. PROHIBITS SALE IN VICINITY OF BLUE RIDGE CHURCH, FANNIN COUNTY. No. 645. An Act to prohibit the sale of spirituous, malt or intoxicating liquors of any kind within three miles of the Methodist Episcopal Church Sowth, at Blue Ridge, in Fannin county, Georgia, and to provide a penalty for the violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State o Georgia, That from and after the passage of this Act, it shall no f be lawful for any person or persons to sell spirituous, malt or intoxicating liquors of any kind to any person or persons whatever, in any quantities whatever, within three miles of the Methodist Episcopal Church, South, at Blue Ridge, in Fannin county, Georgia. Prohibits sale of intoxicating liquors.

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SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of Georgia 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 November 11, 1889. PROHIBITS SALE WITHIN FIVE MILES OF CERTAIN CHURCHES IN DECATUR COUNTY. No. 655. An Act to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt or other intoxicating liquors, bitters or beer, within five miles of the Methodist Church, and within five miles of the Presbyterian Church, at Climax, in Decatur county. 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, it shall be unlawful for any person or persons to sell, manufacture, exchange or furnish any spirituous, malt or other intoxicating liquors, bitters or beer, in any quantity whatever, within five miles of Climax Methodist and Presbyterian Churches, in Decatur county, Georgia. Prohibits sale near Climax, Decatur county. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons who shall violate the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889.

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PROHIBITS SALE IN VICINITY OF CRAWFISH SPRING CHURCH, WALKER COUNTY. No. 656. An Act to prohibit the sale of intoxicating, spirituous or malt liquors or intoxicating bitters in any quantity within three miles of Crawfish Spring Methodist Church in the county of Walker. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell or exchange any intoxicating, spirituous or malt liquors or intoxicating bitters in any quantity within three miles of the Methodist Church at Crawfish Spring, in Walker county, Georgia; Provided, nothing in this Act shall prevent any person or persons from selling domestic wine or cider made from grapes or berries grown upon his own land, or the land leased or rented by him. Sale of liquor prohibited. Proviso. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act, upon conviction of the same, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. PROHIBITS SALE IN VICINITY OF LIBERTY CHAPEL, BIBB COUNTY. No. 663. An Act to prohibit the sale of intoxicating liquors within one and a half miles of the church known as Liberty Chapel, Rutland district, Bibb county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell at retail, or in any quantity whatever, any malt, spirituous or distilled liquors, or other intoxicating beverages, within one and a half miles of the church known as Liberty Chapel, in Rutland district, in Bibb county; and the County Commissioners

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of Bibb county are prohibited from issuing any license to any person or persons to sell such liquors within such limits. Unlawful to sell spirituous liquors in certain districts of Bibb county. SEC. II. Be it further enacted, and it is hereby enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are repealed. Approved November 12, 1889. PROHIBITS SALE WITHIN TWO MILES OF HOLLY SPRINGS, CHEROKEE COUNTY. No. 664. An Act to prohibit the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, in the town of Holly Springs, in Cherokee county; to provide a penalty for the violation thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to sell any spirituous or intoxicating liquors within two miles of Salem Baptist Church, in the town of Holly Springs, in Cherokee county. Sale of liquor prohibited. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction, shall be punished as provided 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 November 12, 1889.

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PROHIBITS SALE WITHIN THREE MILES OF REINHARDT NORMAL COLLEGE, CHEROKEE COUNTY. No. 671. An Act to prohibit the sale of all spirituous, intoxicating or malt liquors within three miles of Reinhardt Normal College, located in Cherokee county, 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 from and after the passage of this Act it shall be unlawful for any person or persons to make or sell any spirituous, intoxicating or malt liquors within three miles of Reinhardt Normal College, located in Cherokee county, Georgia. Unlawful to sell intoxicating liquors, etc. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889. PROHIBITS SALE IN VICINITY OF BASS CHURCH, BIBB COUNTY. No. 691. An Act to prohibit the sale of spirituous, intoxicating or malt liquors or intoxicating bitters within one mile of Bass' Church, in Bibb county. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be unlawful for any person, directly or indirectly, to sell in any quantity any spirituous liquor, intoxicating liquor, malt liquor or intoxicating bitters (except as hereinafter provided), at any point or place within one mile of Bass' Church, in Bibb county. Sale of liquors prohibited. SEC. II. Be it further enacted, That for each violation of this Act, the person violating shall be guilty of a misdemeanor, and on

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conviction therefor shall be punished as prescribed in section 4310 of the Code of this State. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not apply to any person who may now have a license from the county authorities of Bibb to sell within said locality, during the continuance of said license, and that the said county authorities shall have no power after the passage hereof to grant a license for the sale of any of said liquors herein specified in said localiy. Does not apply to existing license. 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 November 12, 1889. PROHIBITING SALE IN MONROE COUNTY. No. 706. An Act to amend an Act entitled an Act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Monroe, after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes. Approved December 5th, 1882. To provide for submitting said amendment to the qualified voters of said county. and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the same, That an Act entitled an Act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Monroe, after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes, approved December 5th, 1882, be, and the same is hereby amended, by striking therefrom the sixth section, which reads as follows: That the provisions of this Act shall not prevent practicing physicians furnishing liquors themselves to their patients under treatment by them, nor shall this Act prevent any person from selling domestic wine made by himself in said county, and substituting therefor the following: Sec. 6th. Be it further enacted, That the provisions of this Act shall not prevent any person from selling domestic wine made by himself in said county. Amends section 6 of original Act by striking certain provisions SEC. II. Be it further enacted, That the amendment provided for in the first section shall not go into operation until ratified by the qualified voters of said county, in an election held for that purpose;

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and at any time after the first day of January, 1890, on the application of twenty-five qualified voters, the Board of Commissioners of Roads and Revenue of said county shall at once order an election, to be held within thirty days thereafter, to determine whether said amendment shall go into operation. Twenty days' notice of said election shall be given by publication in the Monroe Advertiser, or some newspaper in said county, and all persons favoring the adoption of said amendment shall have written or printed on their ballots, For Amendment, and those opposed thereto shall have written or printed on their ballots, Against Amendment. The qualifications of voters at said election, and the manner of conducting, shall be the same as for members of the General Assembly, except that there shall be an election held in each militia district at the place of holding the Justice's Court, and every voter shall vote in his own militia district, and not elsewhere, and the returns shall be made to the Board of Commissioners of Roads and Revenue, who shall consolidate the vote and declare the result, by publishing the same once in the newspaper in said county. Said board shall have authority to throw out all illegal votes cast at said election, and if a majority of the legally qualified votes cast at said election are For Amendment, then said amendment shall go into operation five days after publication of the result. Amendment must be ratified by people. Manner of holding election. Ballots. Result. 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 November 12, 1889. PROHIBITS SALE WITHIN THREE MILES OF MACEDONIA CHURCH, MILLER COUNTY. No. 716. An Act to prevent the sale of spirituous, vinous or malt liquors within three miles of Macedonia Freewill Baptist Church, in the county of Miller, in said State; to provide a penalty, 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, it shall not be lawful for any persons or persons to sell any spirituous, vinous or malt liquors within three miles of Macedonia Freewill Baptist Church in the county of Miller, State of Georgia. Sale of liquors prohibited.

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SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the 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 November 12, 1889. PROHIBITS SALE WITHIN FOUR MILES OF TEMPLE CHURCH, CARROLL COUNTY, No. 771. An Act to prohibit the sale of spirituous, vinous, alcoholic or malt liquors within a radius of four miles of Temple Methodist Church, in Carroll county, Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall be unlawful for any person or persons to sell, vend, or barter any spirituous, vinous, alcoholic or malt liquors within four miles of Temple Methodist Church, in Carroll county. Unlawful to sell liqnors. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in confict with this Act be, and the same are hereby repealed. Approved November 13, 1889. PROHIBITS SALE WITHIN TWO MILES OF GROVE LEVEL CHURCH, BANKS COUNTY. No. 772. An Act to prevent the sale or manufacture of spirituous, vinous or malt liquors within two miles of Grove Level Church, in the county of Banks, in said State; to provide a penalty, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That

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from and after the passage of this Act it shall not be lawful for any person or persons to sell or manufacture any spirituous, vinous or malt liquors within two mlles of Grove Level Church, in the county of Banks, in said State. Sale of liquors prohibited. SEC. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the 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 November 13, 1889. PROHIBITS SALE WITHIN THREE MILES OF SUBLIGNA, CHATTOOGA COUNTY. No. 779. An Act to prohibit the sale or barter of spirituous, malt or any intoxicating liquors within a radius of three miles of Subligna Academy and Subligna Church in the village of Subligna, in the county of Chattooga, State of Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for any person to sell or furnish to another, for any valuable consideration, directly or indirectly given therefor, any spirituous, malt or any other intoxicating liquors within a radius of three miles of Subligna Methodist Church and Subligna Academy, situated in the village of Subligna, county of Chattooga, State of Georgia. Prohibits sale of liquors in vicinity of Subligna. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repcaled. Approved November 13, 1889.

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PROHIBITS SALE IN VICINITY OF SUMMEROURS CHURCH, MURRAY COUNTY. No. 802. An Act to prohibit the manufacture or sale of spirituous, malt, or intoxicating liquors, within three miles of Summerours Chapel, Methodist Church, in Murray county, Georgia, and to provide a penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall not be lawful for any person or persons to make, sell or barter, either directly or indirectly, spirituous, or malt, or vinous, or any other intoxicating drinks, within a radius of three miles of Summerours Chapel, Methodist Church, in Murray county; Provided, nothing in this Act shall prevent the manufacture or sale of domestic wine or cider, made by the person selling upon his own premises, or premises leased or rented by him. Manufacture or sale of liquors prohibited. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That any person who shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882 of Georgia. Penalty SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. PROHIBITING SALE WITHIN THREE MILES OF UNION CHURCH, MURRAY COUNTY. No. 803. An Act to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within three miles of Union Cumberland Presbyterian Church, in Murray county, Georgia, and to provide a penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That

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from and after the passage of this Act it shall not be lawful for any person or persons to make, sell or barter, either directly or indirectly, spirituous, malt or vinous liquors, vithin a radius of three miles of Union Cumberland Presbyterian Church, in Murray county; Provided, nothing in this Act shall prevent the manufacture or sale of domestic wine or cider made by the person selling, upon his own premises or premises leased or rented by him. Sale of liquors, etc., prohibited. Proviso SEC. II. Be it further enacted by the authority aforesaid, That any person who shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882 of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. PROHIBITS SALE IN VICINITY OF CANDLER CHURCH, HALL COUNTY. No. 808. An Act to prohibit the sale of spirituous, malt or intoxicating liquors within two miles of Candler Methodist Church, in Hall county, Georgia, and to provide a penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall not be lawful for any person or persons to sell any spirituous, malt or intoxicating liquors within two miles of Candler Methodist Church, in the county of Hall, and State of Georgia. Sale of liquors prohibited. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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PROHIBITS SALE IN VICINITY OF CERTAIN CHURCHES IN DADE COUNTY. No. 817. An Act to prohibit the sale of intoxicating, spirituous or malt liquors or intoxicating bitters, in any quantity, either by wholesale or retail, within four miles of two churches in Dade county, and known as Upper Coal City Church and Lower Coal City Church, in said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any person or persons to sell or exchange any kind of intoxicating liquors or intoxicating bitters, in any quantity, either by wholesale or retail, within four miles of two churches in Dade county, and known as Upper Coal City Church and Lower Coal City Church, in said county; Provided, nothing in this Act shall prevent any person from selling domestic wine or cider made from fruit or berries grown upon his own lands or lands leased or rented by him. Prohibits sale in vicinity of certain churches in Dade county. Proviso. SEC. II. Be it further enacted, That any person violating the provisions of section one of this Act, upon conviction of the same, shall be punished as prescribed in section 4310 of the Code of Georgia; Provided, that the provisions of this Act shall not apply to any person now selling liquors under a license until such license shall have expired. Penalty. Proviso. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. PROHIBITS SALE IN VICINITY OF PLEASANT VALLEY CHURCH, MURRAY COUNTY. No. 822. An Act to prohibit the manufacture or sale of any kind of alcoholic, spirituous or malt liquors, in any quantity, within a radius of three miles of Pleasant Valley Baptist Church, in Murray county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for

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any person or persons to manufacture, vend, sell, or exchange any kind of spirituous, malt or alcoholic liquors, in any quantity within a radius of three miles of Pleasant Valley Baptist Church, in Murray county, Georgia. Manufacture or sale prohibited. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons who shall be guilty of violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code; Provided, nothing in this Act shall prevent any person or persons from making or selling domestic wines or cider, made of grapes, berries or apples raised upon lands owned, leased or rented by him so selling. Penalty. Proviso. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889. REGULATING SALE IN VICINITY OF NEW HOPE CHURCH, CARROLL COUNTY. No. 823. An Act to amend an Act entitled an Act to prohibit the sale or manufacture of spirituous, alcoholic or malt liquors within a radius of five miles of New Hope Methodist Episcopal Church, South, in Carroll county, approved July 24, 1889, by adding at the end of the first section of said Act the following proviso: Provided, the provisions of this Act shall not apply to any person or firm who has paid the State tax to sell by the gallon for the year 1889, or who has license to sell or manufacture, until the expiration of such license; and, provided further, that this Act shall not be construed to prevent any person from selling domestic wine made by himself from grapes or berries grown on his own land, or on land rented or leased by him. SECTION I. Be it enacted by the General Assembly of Georgia, That the above recited Act be amended by adding at the end of the first section thereof the following: Provided, the provisions of this Act shall not apply to any person or firm who has paid the State tax to sell by the gallon for the year 1889, or who has license to sell or manufacture, until the expiration of such license; and, provided further, that this Act shall not be construed to prevent

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any person from selling domestic wine made by himself from grapes or berries grown on his own land, or on land rented or leased by him; so that said section one, when so amended, will read as follows: Be it enacted by the General Assembly, That from and after the passage of this Act, it shall be unlawful for any person or persons to sell or manufacture spirituous, alcoholic or malt liquors within a radius of five miles of New Hope Methodist Episcopal Church, South, in Carroll county; Provided, the provisions of this Act shall not apply to any person or firm who has paid the State tax to sell by the gallon for the year 1889, or who has license to sell or manufacture, until the expiration of such license; and, provided further, that this Act shall not be construed to prevent any person from selling domestic wine made by himself from grapes or berries grown on his own land, or on land rented or leased by him. Amends original Act Prohibits sale or manufacture of liquors. 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 November 13, 1889. PROHIBITING SALE IN VICINITY OF LITTLE RIVER CHURCH, CHEROKEE COUNTY. No. 835. An Act to prohibit the sale of malt or intoxicating liquors within three miles of Little River Methodist Church, in Cherokee county, Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to sell or vend malt or intoxicating liquors, in any quantity, within three miles of Little River Methodist Church, sometimes called Little River Camp-Grounds, in Cherokee county, Georgia. Sale of liquors prohibited SEC. II. Be it further enacted, That any person or persons who shall violate the provisions of this Act, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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TITLE X. REGULATING SALE OF FARM PRODUCTS. ACTS. Regulating sale of seed cotton in Baldwin and Harris counties. Regulating sale of seed cotton in Washington county. Regulating sale of seed cotton in Crawford county. Regulating sale of seed cotton in Jasper county. Regulating sale of farm products in Spalding county. Regulating sale of seed cotton in Muscogee county. Regulating sale of seed cotton in Spalding county. Regulating sale of seed cotton in Meriwether county. Regulating sale of seed cotton in Pulaski county. Regulating sale of seed cotton in Monroe county. Regulating sale of seed cotton in Hancock county. Regulating sale of seed cotton in Richmond county. REGULATING SALE OF SEED COTTON IN BALDWIN AND HARRIS COUNTIES. No. 238. An Act to prohibit the sale of seed cotton in the county of Baldwin and the county of Harris from the 15th of August to the 15th of December of each year, and to provide penalties for violation of the same. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful to sell, buy or otherwise traffic in seed cotton in the county of Baldwin and Harris county between the 15th of August and the 15th of December of each year; Provided, the provisions of this Act shall not apply to judicial sales by any officer authorized by law to make such sales. Time prescribed when seed cotton cannot be sold.

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SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor and punished as prescribed in section 4310 of the Code of this State. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 29, 1889. REGULATING SALE OF SEED COTTON IN WASHINGTON COUNTY. No. 239. An Act to prohibit the sale of seed cotton in the county of Washington from the 1st day of August to the 24th day of December of each year, and to provide penalties for the violation of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful to sell, buy, or otherwise traffic in seed cotton in the county of Washington between the 1st day of August and the 24th day of December of each year; Provided, the provisions of this Act shall not apply to judicial sales by any officer authorized by law to make such sales. Regulates sale of seed cotton. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all persons violating this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4310 of the Code of this State. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 29, 1889.

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REGULATING SALE OF SEED COTTON IN CRAWFORD COUNTY. No. 265. An Act to prohibit the sale of seed cotton in the county of Crawford in quantities of less than five hundred pounds between the 15th day of August and the 15th day of December in each year, and provide a penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful to sell, buy or otherwise traffic in seed cotton in the county of Crawford in quantities of less than five hundred pounds between the 15th day of August and the 15th day of December in each year; Provided, the provisions of this Act shall not apply to judicial sales by any officer authorized by law to make such sales. Regulates sale of seed cotton. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all persons buying or selling seed cotton in said county of Crawford in violation of the first section of this Act shall be deemed guilty of a misdemeanor, and, on indictment and conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 9, 1889. REGULATING SALE OF SEED COTTON IN JASPER COUNTY. No. 342. An Act to prohibit the sale of cotton in the seed in the county of Jasper between the fifteenth day of August and the fifteenth day of December in quantities less than five hundred pounds, and provide penalty for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be

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unlawful for any person or persons to buy or sell cotton in the seed, in quantities less than five hundred pounds, in the county of Jasper. Restricting sale of seed cotton. SEC. II. Be it further enacted by the authority of the same, That section first of this Act shall not be construed as interfering with judicial executors' and administrators' sales, as are now provided for by law. Does not interfere with judicial sales. SEC. III. Be it further enacted by the authority of the same, That any person or persons violating the provisions of section first of this Act shall be punished as now provided in section 4310 of the Code of Georgia. Penalty. SEC. IV. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act shall be, and the same is hereby repealed. Approved October 3, 1889. REGULATING SALE OF FARM PRODUCTS IN SPALDING COUNTY. No. 348. An Act to prohibit the sale of farm products in the county of Spalding between sundown and sunrise, and to provide a penalty for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act no person shall sell farm products in the county of Spalding between sundown and sunrise. Restricts sale of farm products. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and punished, on conviction, as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 3, 1889.

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REGULATING SALE OF SEED COTTON IN MUSCOGEE COUNTY. No. 371. An Act to prohibit the purchase, sale, barter, exchange or delivery of seed cotton in Muscogee county between August 1st and December 20th, without written consent from the owner of the land whereon said cotton was produced, or his agent; to provide a penalty for violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful to purchase, sell, barter, exchange or deliver in the county of Muscogee any cotton in the seed between the 1st day of August and the 20th day of December, without the written consent of the owner of the land whereon said cotton was produced, or his agent. Sale of seed cotton restricted. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of the above section shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 12, 1889. REGULATING SALE OF SEED COTTON IN SPALDING COUNTY. No. 521. An Act to prohibit the sale of seed cotton in Spalding county from the 15th day of August to the 15th day of December in each and every year. SECTION. I. Be in enacted by the General Assemby of the State of Georgia, That from and after the fifteenth day of August in each and every year, after the passage of this Act until the 15th day of December in each and every year, any and all persons are prohibited from selling seed cotton, or cotton in the seed, in Spalding county; Provided, the provisions of this Act shall not apply to judicial sales by any officer authorized to make such sales. Restricting sale of seed cotton. Proviso.

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SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof in any court having jurisdiction, shall be punished as prescribed in section 4310 of the Code of 1882. Penalty. SEC. III. Be it further enacted by the authority aforeasid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 4, 1889. REGULATING SALE OF SEED COTTON IN MERIWETHER COUNTY. No. 635. An Act to prohibit the hauling, carrying, toting, conveying or otherwise removing seed cotton, between the hours of sunset in the evening and sunrise in the morning, in the county of Meriwether; to prescribe a penalty for the violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, amd it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to haul, carry, tote, convey or otherwise remove any seed cotton, between the hours of sunset in the evening and sunrise in the morning, in the county of Meriwether; Provided, that nothing in this Act shall be so construed as to prevent the owner of such produce, by himself, his tenant or agent, from removing such produce to such place or places of storage as may be established by said owner, his agents or tenants; Provided further, that nothing herein contained shall be construed so as to prevent the owner of seed cotton from conveying the same to any public gin, for the purpose of having the same ginned. Restricts sale of seed cotton Proviso. SEC. II. Be it further enacted, That any person violating the provisions of this Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Revised Code of this State, one-half of any fine so imposed to be paid to the informer. 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 November 11, 1889.

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REGULATING SALE OF SEED COTTON IN PULASKI COUNTY. No. 647. An Act to prohibit the sale of seed cotton in the county of Pulaski, from the 15th day of August, to the 24th day of December of each year, and to provide penalties for the violation of the same. SECTION I. Be it enacted by the General Aseembly of the Seate of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful to sell, buy or otherwise traffic in seed cotton in the county of Pulaski, between the 15th day of August and the 24th day of December of each year; Provided, the provision of this Act, shall not apply to judicial sales by any officer authorized by law to make such sales. Sale of seed [Illegible Text] restricted. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all persons violating this Act, shall be guilty of a misdemeanor, and on indictment and conviction thereof, shall be punished as prescribed in section 4310 of the Code of this State. Penalty SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 11, 1889. REGULATING SALE OF SEED COTTON IN MONROE COUNTY. No. 708. An Act to amend an Act entitled An Act to prohibit the sale of cotton in the seed in the county of Monroe, or any militia district thereof, between the first of August and the first of February; to provide for submitting the same to the people by an election; to provide a penalty for the same, and for other purposes, approved October 24th, 1887, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, an Act entitled An Act to prohibit the sale of cotton in the seed in the county of Monroe, or any militia district thereof, between the first of

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August and the first of February; to provide for submitting the same to the people by an election; to provide a penalty for the same, and other purposes, approved October 24th, 1887, be, and the same is hereby amended by inserting after the word sell in the third line of the first section of said Act, the words or buy, so that said section when amended shall read as follows: That from and after the passage of this Act it shall be unlawful for any person to sell or buy any cotton in the seed in the county of Monroe, or any militia district therein, between the first day of August and the first day of February; and any person violating the provisions of this Act shall, on conviction, be punished as prescribed in section 4310 of the Code of 1882; Provided, that the provisions of this Act shall not be operative in said county, or any militia district therein, until the same shall have been submitted to the qualified voters of said county, or any militia district therein, and the method of obtaining and holding an election and proclaiming the result shall be as prescribed in section 1455 of the Code of 1882; and in any such election, those favoring the sale shall write on their ballots, For the Sale, and those opposed shall write on their ballots, Against the Sale; and if a lawful majority in said election shall be against the sale, the Ordinary shall so declare, and the provisions of this Act shall go into immediate operation in said county or district. Amends original Act. Restricting sale of seed cotton. Penalty. Act must be ratified by vote of the people. SCE. II. Be it further enacted, That the amendment shall apply to the militia districts in which the original Act has been adopted, as well as those in which it shall hereafter be adopted. Applies to militia districts. SEC. III. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same is hereby repealed. Approved November 12, 1889. REGULATING SALE OF SEED COTTON IN HANCOCK COUNTY. No. 717. An Act to prohibit the purchase or sale of seed cotton in the county of Hancock between the first day of August and the fifteenth of December of each year. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted, That from and after the first of January next it shall be unlawful for any person to purchase or sell any

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seed cotton in the county of Hancock between the first day of August and the fifteenth day of December of each year; Provided, that the provisions of this Act shall not apply to a final settlement between landlord and tenant as to seed cotton made by the latter on the lands of the former, nor to seed cotton sold under judicial process. Sale of seed cotton restricted. SEC. II. Be it further enacted, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code. 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 November 12, 1889. REGULATING SALE OF SEED COTTON IN RICHMOND COUNTY. No. 845. An Act to forbid the sale of seed cotton in the county of Richmond, in this State, between the first day of August and the twenty-fourth day of December in each year; to prescribe a penalty for the violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That after the passage of this Act it shall be unlawful for any person or persons to sell seed cotton in the county of Richmond, in this State, between the first day of August and the twenty-fourth day of December in each year. Any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in 4310 of the Code of 1882. Sale of seed cotton prohibited. SEC. II. Be it further enacted, That all laws and parts in conflict with this Act be, and the same are hereby repealed. Approved November 13, 1889.

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TITLE XI. MISCELLANEOUS. ACTS. Amending Act incorporating Gate City Gas Light Company. Amending Act incorporating Atlanta Gas Light Company. Amending Act providing for sale of The Arsenal to Savannah Volunteer Guards. Authorizing trustees Second Presbyterian Church, Columbus, to sell certain property. Amending Act providing for sale of The Arsenal to Savannah Volunteer Guards. Drainage law for Franklin county. Amending Act incorporating Christ Church, Savannah, etc. Changing name of Wesley Chapel, Savannah, to Wesleyan Monumental Church. Extending time for cutting turpentine boxes in Coffee county. AMENDING ACT INCORPORATING GATE CITY GAS LIGHT COMPANY. No. 372. An Act to amend an Act entitled an Act to incorporate the Gate City Gas Light Company, approved Feb. 4, 1875, by vesting in said company, authority to furnish electric lights as well as gas, and by vesting in said company authority to issue bonds, and to secure the same by mortgage upon any or all of its property, real and personal, rights, privileges and franchises, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in addition to the powers, rights and authority heretofore granted to the Gate City Gas Light Company the said corporation is hereby granted full power and authority to make, sell and furnish gas and electricity for any and all uses to which the same may be put advantageously, and is hereby authorized and empowered

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to lay pipes and conduits, and to erect poles and to run wires either below or above the surface of the street as may be desirable in each case for the purpose of furnishing either electricity or gas, or both, and to maintain and to repair its pipes, conduits, poles, wires and appurtenances. Authorized to furnish electric light. SEC. II. And be it further enacted, That said corporation is hereby expressly authorized and empowered to issue bonds, and to secure the same by mortgage upon any or all of its property, real and personal, rights, privileges and franchises, to such amounts as it may deem necessary to enable it to properly and advantageously exercise the franchises granted to it, and to perform the public service for which it is created; such bonds and mortgage shall be executed and acknowledged by such officers of the company as may be designated for the purpose by the Board of Directors, but the issue of said bonds and the execution of such mortgage or mortgages, shall in every case be first authorized and directed at a meeting of the stockholders duly called for the purpose. Authority to issue bonds. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 14, 1889. AMENDING ACT INCORPORATING ATLANTA GAS LIGHT COMPANY. No. 373. An Act to amend an Act entitled An Act to incorporate the Atlanta Gas Light Company, approved February 16th, 1856, by vesting in said company authority to furnish electric lights as well as gas, and by vesting in said company authority to issue bonds, and to secure the same by mortgage upon any or all of its property, real and personal, rights, franchises and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That, in addition to the powers, rights and authority heretofore granted to the Atlanta Gas Light Company, the said corporation is hereby granted full power and authority to make, sell and furnish gas and electricity for any and all uses to which the same may be put advantageously, and is hereby authorized and empowered to lay pipes and conduits, and to erect poles and to run wires, either below or above the surface of the street, as may be

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desirable in each case, for the purpose of furnishing either electricity or gas, or both, and to maintain and repair its pipes, conduits, poles, wires and appurtenances. Authority to make and furnish gas or electricity. SEC. II. Be it further enacted, That said corporation is hereby expressly authorized and empowered to issue bonds, and to secure the same by mortgage upon any or all of its property, real and personal, rights, privileges and franchises, whenever and as often, and to such amount as it may deem necessary to enable it to properly and advantageously exercise the franchise granted it, and to perform the public service for which it is created. Such bonds and mortgage shall be executed and acknowledged by such officers of the company as may be designated for the purpose by the Board of Directors, but the issue of said bonds and the execution of such mortgage or mortgages shall, in every case, be first authorized and directed at a meeting of the stockholders duly called for the purpose. Authority to issue bonds. SEC. III. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved October 14, 1889. AMENDING ACT PROVIDING FOR SALE OF THE ARSENAL IN CITY OF SAVANNAH TO SAVANNAH VOLUNTEER GUARDS. No. 461. An Act to amend An Act to provide for the sale of the western half of lot letter G in Percival ward, in the city of Savannah, and the improvements thereon, known as The Arsenal and all the rights, title, interest and estate of the State, therein to the Savannah Volunteer Guards; to direct the Governor to make a conveyance thereof, in the name of the State, upon certain conditions, and for other purposes connected therewith; approved September, 21, 1883, so as to provide for the sale of the lands referred to in said Act, and for the reinvestment of the proceeds thereof in another site and building in said city of Savannah, subject to all the terms of said Act and of all the amendments thereof, and for other purposes. WHEREAS, heretofore, to-wit: On the 6th day of April, 1889, the building called The Arsenal erected in part on the land

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named in the caption of this Act, was destroyed by fire, and whereas, the said The Savannah Volunteer Guards, desire the power to sell the land referred to in the title of this Act free of all conditions, and to invest the proceeds thereof in other land and improvements in said city of Savannah, the said land so purchased, and improvements thereon, to stand in lieu of the land described in the caption of this Act. Preamble. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section one (1) of the above recited Act, which said section one now reads as follows: Section 1. Be it enacted by the General Assembly of Georgia, that when the Savannah Volunteer Guards shall have sold its property on Bull Street and in Forsyth Ward in the city of Savannah, and shall have given good and sufficient bond in the sum of sixteen thousand dollars ($16,000.00) to the Governor of Georgia and his successors, to be approved by the Governor, conditioned that the Savannah Volunteer Guards will expend upon the improvement of the property hereinafter directed to be conveyed, the sum of at least eight thousand dollars ($8,000.00). The Governor of Georgia is hereby directed, in consideration of the execution of said bond, and of the further consideration that the building now on said half lot, as improved by the Guards, or the building to be erected thereon, as the case may be, shall be called `The Arsenal,' and that the State shall have the right in times of emergency to use the same for military purposes; such use, however, not to oust the Guards therefrom for the time being, and to store therein, at any time, all arms and munitions of war, the property of the State, not held by any other military organization, as it may see fit. The State, in this manner, retaining a right of arsenal in said property so to be conveyed, as improved or rebuilt, as aforesaidthis to be a condition running with the landto convey by deed, to be executed by him, in the name of the State, unto the said The Savannah Volunteer Guards, the said western one-half or part of said lot letter `G' in Percival Ward, in the city of Savannah, as set out in the preamble of this Act, and the improvements thereon, with all the rights, members and hereditaments thereunto appertaining, and all the rights, title, interest and estate of the State in or to the same, and every part and parcel thereof; said deed of conveyance to be on its face in pursuance of this Act, and all the enactments hereof shall be referred to as part and parcel thereof, be, and the same is hereby, amended by adding at the end thereof the following words, to-wit: Provided, nevertheless, that the said The Savannah Volunteer Guards shall be empowered to

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sell at private sale, in its discretion, and to convey by its corporate deed, for such consideration as it may agree upon, the western onehalf of said lot letter `G' in Percival Ward, in the city of Savannah, including the eight (8) feet encroachment on President Street bordering same recently added to said lot, so that the purchaser of said land and encroachment aforesaid shall receive by such deed a clear fee simple title thereto, free of all servitudes whatsoever, or of all conditions imposed by said Act; Provided, that the Mayor and Aldermen of the city of Savannah, in council assembled, shall, by resolution, approve this amendment in all its terms; and, provided further, that whenever such sale is made, said military corporation shall, before or at the same time, sell and convey its eastern half of said lot, including the said encroachment on President Street, bordering same. Whenever said lot letter `G' shall have been sold, as aforesaid, by said military corporation, it shall acquire another lot of land in the city of Savannah, upon which it shall erect a building for its purposes, and for all the purposes of the Act of which this Act is amendatory, to be called `The Arsenal;' said lot so acquired to take the place, in all respects, of said western half of said lot letter `G' under said Act, of which this is amendatory, and all amendments thereto, and under the deeds by which same was conveyed to said corporation. All revenues derived from said property shall belong to said corps, and said corps may borrow money and issue its bonds therefor, secured by its deed or mortgage upon said property, just as it is empowered to do by said Act of which this is amendatory, and by all amendments thereto, as to said western one-half of lot letter `G,' Percival Ward. Recites section one of original Act. Proviso. Proviso Authority to erect new building and issue bonds. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889.

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AUTHORIZING TRUSTEES OF SECOND PRESBYTERIAN CHURCH, COLUMBUS, TO SELL CERTAIN PROPERTY. No. 471. An Act to authorize and empower the Trustees of the Second Presbyterian Church, Columbus, Georgia, to sell and convey the title to certain lots of land held by them for church purposes; to direct the disposition of the proceeds, and for other purposes. WHEREAS, The Commissioners of Commons of the city of Columbus did, on March 23d, 1887, by deed, convey to the Trustees of the Second Presbyterian Church, Columbus, Georgia, and their successors in trust, lots numbers (3) three and (6) six, in block number (43) forty-three of the Commons of the city of Columbus, in Muscogee county, Georgia, each lot containing one quarter of an acre of land, more or less, for church purposes, conditioned upon commencement, in good faith, of the building of a church edifice thereon, within twelve months from date of said deed; and whereas, by the action of the Board of Commissioners of Commons aforesaid, the time for the commencement of said building was extended to January 1st, 1890; and whereas, it is desired by said Trustees to erect a church at a more convenient place in or near said city; therefore, Preamble. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Second Presbyterian Church of Columbus, Georgia, may, by its trustees, at public or private sale, sell, and, by deed, convey a perfect fee-simple title to said tract of land or any part thereof, and shall use the proceeds arising from said sale, only for the purpose of purchasing another building site, or for the purpose of erecting a church building, either or both. Authority to sell tract of land. SEC. II. Be it further enacted, That, by such sale, all title of the State, the City, the Commissioners of Commons, the Church and the Trustees shall divest, and fee-simple title shall vest in the purchaser. Title. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889.

Page 1403

AMENDING AN ACT PROVIDING FOR THE SALE OF WESTERN HALF OF LOT G AND IMPROVEMENTS, KNOWN AS THE ARSENAL, TO SAVANNAH VOLUNTEER GUARDS. No. 477. An Act to amend section four (4) of an Act to provide for the sale of the western half of lot letter G, in Percival ward, in the city of Savannah, and the improvements thereon, known as The Arsenal, and all the right, title, interest and estate of the State therein, to the Savannah Volunteer Guards; to direct the Governor to make a conveyance thereof, in the name of the State, upon certain conditions, and for other purposes connected therewith, approved September 21, 1883, so as to provide for the striking out of said section four (4), and so as to provide in lieu thereof that, in order to rebuild The Arsenal upon lot letter G, Percival ward, Savannah, Georgia, the Savannah Volunteer Guards shall be empowered to borrow such amount of money as may be necessary in its judgment, and to issue its coupon bonds therefor, securing the same by mortgage or deed of trust upon the whole of its said property, including the western half of said lot letter G; that upon the execution of such mortgage or deed of trust the said The Savannah Volunteer Guards shall execute a bond, with good security, to the Governor of Georgia and his successors, securing the application of the net revenue from said building so to be erected, over and above the costs of insurance and repairs, to the payment of the interest upon said bonded debt, and next after that to a sinking fund to be set aside for the payment of the principal of said bonded debt; and so as to provide further that if said corps shall not perform the conditions of said bond, or in case said corporation shall become extinct or be dissolved, the State shall have the right to re-enter upon said western half of said lot letter G, Percival ward, without affecting, however, and subject to, the validity of said mortgage debt, and the rights of any creditors of said corps; and that the said military corporation shall keep the said building so to be erected upon said lot letter G, to-wit: The Arsenal, insured against loss or damage by fire, and, in the event of such loss or damage, to rebuild or repair the same; and that, in case any future fire or fires may damage or destroy the building on said lot, or in any future event, if it becomes necessary, in the judgment of said corps,

Page 1404

said corps shall have the right, from time to time, to make changes in its bonded debt; to reform the same; to manage said debt in all its details, in its best judgment and discretion, without further legislation, but under all the terms and conditions of this section; and so as to provide that, in the event said lot letter G shall be sold by said corporation, under such terms as may be provided by law, and another site for The Arsenal be purchased by said military corporation, all the terms of this Act shall apply to such new site, and the building thereon, just as they apply to said lot letter G, and the building to be erected thereon, and for other purposes connected therewith. WHEREAS, under said Act, of which this is amendatory, the Savannah Volunteer Guards, a military corporation under the laws of Georgia, received title to the western half of lot letter G, Percival ward, in the city of Savannah, from the State of Georgia, and from the Mayor and Aldermen of the city of Savannah, by deeds dated April 18th, 1884, and May 5th, 1884, respectively, for all the purposes named in said Act; and whereas, the said military corps purchased a strip of land, part of the eastern half of said lot, and adjoining said western half, being twenty feet by sixty feet, and proceeded, upon said entire plat of land, to erect a building called The Arsenal, which building was totally destroyed by fire on the sixth (6th) day of April, 1889; and, whereas, the said military corps has, since said fire, purchased the remaining portion of said eastern half of said lot, so that now it owns all of said lot letter G, Percival ward; and, whereas, said corps has obtained from the Mayor and Aldermen of the city of Savannah a grant, by ordinance, of a strip eight (8) feet wide along the whole length of said lot on President street, said strip to be added to and made part of said lot letter G, and an Act has been passed by the present General Assembly to confirm said grant; and whereas, said corps intends to erect, on said lot letter G, a building to be called The Arsenal; and, whereas, it becomes necessary to amend section four (4) of said original Act, it being a matter of valuable consideration to the State of Georgia to encourage, as far as it can, this corps in establishing itself in permanent quarters, and this Act being passed at the special instance and request of the said The Savannah Volunteer Guards. Preamble. SECTION I. Be it enacted by the General Assembly of Georgia, That section four (4) of said Act, of which this is amendatory, be, and the same is hereby stricken out and annulled, and in lieu

Page 1405

thereof the following is inserted: That in order to rebuild The Arsenal upon lot letter G, Percival ward, Savannah, Georgia, or upon any other lot in Savannah which may be purchased by said military corporation as a site for The Arsenal, in lieu of said lot letter G, in the event said last named lot shall be sold by said corporation under such terms as may be prescribed by law, the Savannah Vounlteer Guards, a military corporation under the laws of Georgia, is hereby empowered to borrow such amount of money as may be necessary, in its judgment, and to issue its coupon bonds therefore, and to secure the same by mortgage or deed of trust upon the whole of its said property, including the western half of said lot letter G, or upon any other site which may be purchased in lieu of lot letter G, as aforesaid, and upon the execution of such mortgage, the said The Savannah Volunteer Guards shall immediately execute a bond in the sum of twenty thousand dollars ($20,-000), with good security, to the Governor of Georgia, and his successors, to be approved by said Governor, conditioned that the net revenues which said corps may derive from the rentals of said building so to be erected, over and above the cost of insurance and repairs, shall be applied to the payment of the interest upon said bonded debt, and next after that to a sinking fund, to be set aside for the payment of the principal of said bonded debt, and in addition to said security, if the corps shall not perform the conditions of said bond, or in case said corporation shall become extinct, or be dissolved, the State shall have the right to re-enter upon said western half of said lot letter G, Percival ward, or to enter upon said lot so to be purchased in lieu of said lot letter G, as a site for The Arsenal, without affecting, however, and subject to the validity of said mortgage debt, and the rights of any creditors of said corps; and the said The Savannah Volunteer Guards shall keep the said building, so to be erected upon said lot letter G, or upon any such site purchased in lieu of said lot letter G, to-wit: The Arsenal insured against loss or damage by fire, and in the event of such loss or damage by fire, shall rebuild or repair the same in as good condition as before said fire. In case any future fire or fires may damage or destory the building on said lot, or on any other lot which may be purchased for such site, or in any future event, if it becomes necessary, in the judgment of said corps. Said corps shall have the right, from time to time, to make changes in its bonded debt, to reform the same, to manage said debt in all details in its best judgment and discretion without further legislation, but under all the terms and conditions of this section. Amends section four of original Act. Authority to issue bonds. Bond required by the Governor. In case the corporation becomes extinct. Authority to change its bonded debt.

Page 1406

SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 26, 1889. DRAINAGE LAW FOR FRANKLIN COUNTY. No. 499. An Act to provide for the removal of obstructions of all kinds, other than dams used for operating mills or machinery of any kind, from the rivers, creeks and other running streams in Franklin county; to compel the owners of the lands in said county through which such streams may flow to remove said obstructions, or provide in what manner the same may be removed when such land owners neglect or refuse to remove such obstructions, and to provide compensation therefor; to provide for the drainage of the lands in said county through which such streams flow, and for the extensions of drains or ditches through the lands of another; and to provide for payment of all damages which may be sustained by such land owners through whose lands such drains or ditches shall be cut or extended, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act all land owners in Franklin county, Georgia, shall, during the months of July and August in each and every year, remove from the running streams of waters upon their respective lands all obstructions, including trash, trees, timber, rafts and any other obstruction, except dams erected for the purpose of running machinery, which are excepted from the operations of this Act. Requires removal of obstructions from running streams. SEC. II. Be it further enacted by the authority aforesaid, That should any land owner in said county of Franklin fail or refuse to remove the obstructions, as provided in the first section of this Act, by the first day of September in each year, then and in that event it shall be lawful for any adjoining land owners, after first giving said land owner so failing or refusing to comply with this Act ten days' notice of his intention to do so, to enter upon the lands of the owner so failing or refusing and to remove such obstructions, or have the same removed, and that the owner of such land shall be liable to pay to the party removing, or having such obstructions

Page 1407

removed, reasonable compensation for such labor, for which he shall have a lien on all the property of the party so refusing, to rank as and to be enforced as other laborers' liens are now enforced under the law. In case of failure to remove such obstructions. SEC. III. Be it further enacted by the authority aforesaid, That whenever a running stream is the dividing line between two land owners and either of said owners shall fail or refuse to join the other in removing the obstructions, as provided in the first section of this Act, or shall fail or refuse to remove them from his half of said stream, then it shall be lawful for the other, after giving the notice required in the second section of this Act, to enter and remove or have removed such obstructions, and for one half of which he shall be entitled to reasonable compensation, to be collected as provided in the second section of this Act. Where a running stream is the dividing line. SEC. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Franklin shall out or dig any ditch or drain to the line of an adjoining land owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land owner, to a proper outlet, in order to drain his lands, and such adjoining land owner refuses to extend such ditch or drains or allow the same to be extended through his lands, then, and in that event, it shall be lawful for the party desiring to extend such ditches or drains to extend the same through the lands of such adjoining land owner to a proper outlet, at his own expense, and if the lands of such land owner shall be injured or decreased in value by reason of such ditches or drains, then the party so injured shall receive reasonable compensation from the party so draining for the injury done. In the event the parties cannot agree, the question of such injury shall be submitted to three disinterested freeholders, one to be selected by each of the parties, and the two thus selected shall select the third, and should either of the parties fail or refuse to select an arbitrator, as above provided, then the other party may select two, and the two thus selected shall select the third, and they shall make an award upon the same rules and regulations as are now provided by law, touching arbitrations and awards; Provided, that nothing in this section shall be construed as to give any person or persons the right or power to take or damage any private property till just and adequate compensation has first been paid. For extension of ditch or drain. Compensation for damages. Arbitrators Award. Proviso. SEC. V. Be it further enacted by the authority aforesaid, That the provisions of this Act requiring the removal of obstructions from running streams shall not apply to such streams as form the county lines of said county of Franklin. Does not apply to dividling line streams.

Page 1408

SEC. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 29, 1889. AMENDING ACT INCORPORATING CHRIST CHURCH, SAVANNAH, AND INDEPENDENT CONGREGATIONAL CHURCH, AT MIDAWY, LIBERTY COUNTY. No. 556. An Act to amend An Act entitled an Act to incorporate the Episcopal Church in Savannah, called Christ Church, and the Independent Congregational Church, or Meeting House, at Midway, in Liberty county, and to authorize the Governor to grant charters of incorporation to other religious societies, approved December 23, 1789, in so far as relates to the time and manner of electing selectmen of said Midway Meeting House, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Geargia, and it is hereby enacted by authority of the same, That section 4 of the above mentioned Act shall be amended so as to read as follows: And be it further enacted, That the said selectmen shall hold their offices until the second Wednesday in May next; and on that day, and every second Wednesday in May annually thereafter, the members and supporters of the gospel in the said church, or meeting house, shall convene therein, and there, between the hours of 10 o'clock a. m. and 5 o'clock p. m., elect from among the members and supporters of the gospel in said church, or meeting house, five fit and discreet persons as selectmen, who shall be, and is and are, declared to be vested with all necessary power to carry the purposes intended in this Act fully into effect. Amends section 4 of original Act. Manner of electing selectmen. 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 November 5, 1889.

Page 1409

CHANGING NAME OF WESLEY CHAPEL, SAVANNAH, TO WESLEYAN MONUMENTAL CHURCH. No. 709. An Act to change the name of The Trustees of Wesley Chapel for the Methodist Episcopal Church, South, in Savannah, to that of Trustees of the Wesley Monumental Church of the Methodist Episcopal Church, South, in Savannah, and to this extent to amend the Act entitled an Act to incorporate the Trustees of Wesley Chapel, Andrew Chapel and Trinity Church of the Methodist Episcopal Church, South, in Savannah, approved December 20, 1849. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the name of the church corporation called The Trustees of Wesley Chapel of the Methodist Episcopal Church, South, in Savannah, in the Act of the General Assembly of this State, approved December 20, 1849, is hereby changed to that of The Trustees of the Wesley Monumental Church of the Methodist Episcopal Church, South, in Savannah, and to this extent the said Act, which is entitled An Act to incorporate the Trustees of Wesley Chapel, Andrew Chapel and Trinity Church of the Methodist Episcopal Church, South, in Savannah, is hereby amended. Name changed to Wesleyan Monumental Church. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 12, 1889.

Page 1410

EXTENDING TIME FOR CUTTING TURPENTINE BOXES IN COFFEE COUNTY. No. 714. An Act to extend the time of cutting turpentine boxes, as now prescribed by law, from the first of October to the fifteenth of March, so far as relates to Coffee county. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be lawful to cut turpentine boxes in the limits of the county of Coffee at any time between the first day of October and the fifteenth of March next thereafter. Time for cutting turpentine boxes restricted. 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 November 12, 1889.

Page 1411

Part IV.Private Laws.

Page 1413

ACTS. For relief of Samuel Morgan. For relief of Capt. J. M. Barnes. Investing Milton Hitch with rights of an adult. For relief of Eugene Binion. For the relief of the Floyd Rifles. Authorizing T. K. Chapman to maintain gates, etc. Authorizing D. Whelchel and A. W. Pass to erect gates, etc. FOR RELIEF OF SAMUEL MORGAN. No. 168. An Act to relieve Samuel Morgan, one of the sureties on the bond of the Bank of Rome as a State depository. WHEREAS, The Bank of Rome, one of the State depositories at the date of its failure on the 25th of March, 1881, had on deposit funds of the State to the amount of fifty-three thousand and seventeen dollars and ninety-three cents ($53,017.93); and whereas, the State has received from said bank, and the sureties on the bond of said bank, the sum of sixty-two thousand nine hundred and ninety-three dollars and sixty-six cents ($62,993.66), and the further sum of seven hundred dollars profit on a re-sale of certain real estate, bought by the State at a sale of the property of one of the bank's sureties, making in all the sum of sixty-three thousand six hundred and ninety-three dollars and sixty-six cents; and whereas, said bank and all the sureties on its bond as a State depository are insolvent except Samuel Morgan; and whereas, the said Morgan has paid on said bond, into the treasury of the State, the sum of twenty-seven thousand eight hundred and sixty-nine dollars and fifty-two cents; and whereas, the State has received, by way of profits and interest collected out of said Samuel Morgan, the sum

Page 1414

of ten thousand six hundred and seventy-six dollars and sixty-three cents ($10,676.63) more than was on deposit in said Bank of Rome at the time of its failure; and whereas, the fi. fa. issued by the State against said bank and its sureties did not call for interest, and was a lien on all the funds of said bank, and should have been first paid out of said funds; now, therefore: Preamble. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the sum of eight thousand three hundred and eighty-three dollars and ninety cents be, and the same is hereby appropriated to refund to Samuel Morgan a part of the money collected out of him by the State, as one of the surities on the bond of the Bank of Rome as a State depository, and the Governor is hereby authorized to draw his warrant upon the treasury for said sum, out of any money in said treasury not otherwise appropriated, to be paid to said Samuel Morgan. Appropriates sum to refund to Samuel Morgan. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved July 19, 1889. FOR RELIEF OF CAPT. J. M. BARNES. No. 185. An Act to relieve Capt. J. M. Barnes, of the Thompson Guards, and his bondsmen, in the matter of arms and accoutrements destroyed by fire in the town of Thompson, Georgia, January 19, 1888, and for other purposes. WHEREAS, The arms and accoutrements furnished the Thompson Guards by the State were destroyed by fire in the town of Thompson, Georgia, January 19, 1888; therefore, Preamble. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Capt. J. M. Barnes and his bondsmen, in the matter of certain arms and accoutrements furnished the Thompson Guards by the State, be relieved of the bond into which they respectively entered for the safe-keeping of said arms and accountrements; Provided, that satisfactory evidence of the fact set forth in the preamble to this Act be produced by the persons herein named and referred to before the Adjutant General. Relieved from bond. 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 August 5, 1889.

Page 1415

INVESTING MILTON HITCH WITH RIGHTS OF AN ADULT. No. 281. An Act to invest Milton, Hitch, a minor, of the county of Brooks, with all the rights and privileges of a person twenty-one years of age; also investing him with the power to sue and be sued, contract and to be contracted with in as full and ample a manner as an adult. SECTION I. Be it enacted by the General Assembly of Georgia, and the same is hereby enacted by the authority of the same, That from and after the passage of this Act, that Milton Hitch, a minor, of the county of Brooks, be, and he is hereby, fully invested with all property rights, and the right to control and bind himself in as full and ample a manner as any adult of the age of twenty-one years of age. Rights of an adult conferred. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 12, 1889. FOR RELIEF OF EUGENE BINION. No. 397. An Act to relieve Eugene Binion as surety on the penal bond of Henry Turner. WHEREAS, Eugene Binion did become surety and bail for one Henry Turner for the appearance of said Henry Turner to the Superior Court of Baldwin county to answer for the offense of simple larceny; and whereas, this bond which said Eugene Binion was surety has been finally forfeited for the non-appearance of said Henry Turner at said court, and a judgment and execution has been issued against said surety in the sum of two hundred dollars and costs; and whereas, since said judgment of forfeiture the said Eugene Binion has arrested said Henry Turner and delivered him to the Sheriff of Baldwin county, and the said Turner is now in jail awaiting his trial for said offense. Preamble. SECTION I. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That said Eugene Binion be, and he is hereby relieved from any and all

Page 1416

liability as security upon said bond of said Henry Turner except the costs of court; and that, upon the payment of the costs, said judgment and fi. fa. be entered satisfied upon the proper records of Baldwin Superior Court. Relieved from bond of Henry Turner. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 16, 1889. FOR THE RELIEF OF THE FLOYD RIFLES. No. 617. An Act for the relief of the Floyd Rifles and their securities on a bond given the State in 1873. SECTION I. Be it enacted by the General Assembly of Georgia, That the Adjutant General of this State, by and with the consent of the Governor, is hereby authorized and empowered to cancel and annual the bond given by the Floyd Rifles (a volunteer military company) on the 20th of January, 1873, to James M. Smith, Governor, on which said bond F. M. Heath, Geo. B. Turpin and Geo. S. Cherry are securities; the same being made by W. H. Ross, First Lieutenant; Provided, that said bond shall not be cancelled, nor the principal or securities relieved, unless within three months after the approval of this Act, said Floyd Rifles shall return to the Adjutant General fifteen (15) Springfield Rifles, being a part of the stand of arms for which said bond was given, and shall also furnish such proof as may satisfy the Adjutant General that the other arms for which said bond was given were taken possession of by Lieutenant Colonel C. M. Wiley, of the Second Georgia Battalion, (of which battalion said Floyd Rifles is a company), and by him turned over to the Wiley Guards, a company of Georgia volunteers in the county of Twiggs. Authority to cancel bond. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved November 11, 1889.

Page 1417

AUTHORIZING T. K. CHAPMAN TO MAINTAIN GATES, ETC. No. 629. An Act to authorize T. K. Chapman to erect and maintain gates across the Seven Island road in Hall county, running through said T. K. Chapman's farm, 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 same, That T. K. Chapman be and is hereby authorized to erect and maintain gates across the Seven Island road, in Hall county, running through said T. K. Chapman's farm, in said county. Authority to erect gates. 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 November 11, 1889. AUTHORIZING D. WHELCHEL AND A. W. PASS TO ERECT GATES, ETC. No. 686. An Act to authorize D. Whelchel and A. W. Pass to erect and maintain gates across the Lane road, in Hall county, running through said D. Whelchel's and A. W. Pass' farm, 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. Whelchel and A. W. Pass be, and are hereby, authorized to erect and maintain gates across the Lane road, in Hall county, running through said D. Whelchel's and A. W. Pass' farm, in said county. Authority to erect gates, etc. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved November 12, 1889.

Page 1419

Part V.Resolutions.

Page 1421

In recognition of the services of the Capitol Commission. For the relief of the Equitable Life Assurance Society. Recommending establishment of branch Mint at Dahlonega or Gainesville. Authorizing payment of balance of State School Commissioner's salary, 1887. Compensation of Senate and House Chaplains. For relief of sureties of Henry Cook. Authorizing Governor to tender use of Hall of Representatives to Confederate Veterans' Association. Authorizing purchase of 400 copies Van Epps' Digest. For relief of Baldy Ryalls. Authorizing payment of salary to widow of Louis Arnheim. For payment of mileage for adjourned session. Authorizing payment to widow of Needham Dean, disabled Confederate Veteran. To procure survey of the Coast. Authorizing Governor to appoint Oyster Commission. Tendering use of old Capitol to Confederate Survivors' Association. Authorizing Jackson T. Taylor to make index for Journals. For relief of sureties of J. M. Wilson. To secure repeal of law imposing tax of ten per cent. on State Banks Urging reduction of postage on field and garden seeds. Authorizing Governor to sell furniture in old Capitol. Authorizing withdrawal of suit against H. J. Lamar. Reducing appropriation to Lunatic Asylum. Disposition of per diem of Hon. W. M. Collins, deceased. Authorizing payment to H. M. Beutell. Disposition of surplus fund for furnishing new Capitol. Authorizing payment of salary to widow of K. L. Boone. Military equipments. Obstructions in the Savannah River. Treasurer's report shall not include worthless assets.

Page 1422

IN RECOGNITION OF THE SERVICES OF THE CAPITOL COMMISSION. No. 14. RESOLVED, By the Senate, the House of Representatives concurring, That the General Assembly, deeming it appropriate to record a suitable recognition of the services of the Capitol Commission, hereby testifies a grateful appreciation of the faithful, efficient and economical manner in which that body has discharged its trust, and congratulates the gentlemen composing that commission on the completion and presentation of the Capitol building, a structure which is substantial, grand and imposing in its character, elegant and commodious in its arrangement, and adapted to the requirements of the great and growing State of Georgia. In recognition of the services of the Capitol Commission. Approved July 26, 1889. FOR THE RELIEF OF THE EQUITABLE LIFE ASSURANCE SOCIETY. No. 15. WHEREAS, By the law the Equitable Life Assurance Society of the United States, with other companies, is required to make their annual return to the Comptroller-General on the first day of July of each year; WHEREAS, Geo. T. G. White, the Southern Manager of said company, prepared the return required by law and forwarded the same to the Comptroller-General on the 29th day of June, 1888, and the same reached the city of Atlanta on Sunday, the first day of July, 1888, but did not come into the Comptroller-General's office until Monday, the 2nd day of July, 1888; and Preamble. WHEREAS, The Comptroller-General is satisfied that the company attempted to comply with the law, and only failed because of the fact that the first day of July fell on Sunday; and WHEREAS, On such ground the company has been fined the sum of five hundred dollars solely because the report, although made out and in Atlanta, did not reach the Comptroller-General's office because the day happened to be on Sunday; therefore,

Page 1423

Resolved by the General Assembly of Georgia, That the said Equitable Life Assurance Society of the United States be, and the same is hereby relieved from the penalty assessed as aforesaid. Relieved from penalty. Approved July 26, 1889. RECOMMENDING ESTABLISHMENT OF BRANCH MINT AT DAHLONEGA OR GAINESVILLE. No. 16. WHEREAS, The General Assembly of the State of Georgia passed a joint resolution, which was approved December 23, 1884, requesting our Senators and Representatives in the Congress of the United States to exert their influence in securing the establishment of an assay office or branch mint for the coinage of gold at Dahlonega, in Lumpkin county, or Gainesville, in Hall county, in said State, where such branch mint had heretofore been established, but which had been discontinued by the results of the late war; and, Preamble WHEREAS, The utility and necessity of such assay office or branch mint at that place for the assay and coinage of Gold in the great gold belt running entirely through our State, for the convenience and benefit of the people at large, still exist; therefore, Be it resolved by the General Assembly of said State, the House concurring, That our Senators and Representatives in Congress be, and they are hereby, earnestly and specially requested to urge the establishment of such assay office or branch mint at Dahlonega or Gainesville, in said State; and if the same is approved by the Governor, that His Excellency be requested to forward to each of our Senators and Representatives in Congress a copy of this resolution. Urging establishment of branch mint at Dahlonega. etc. Approved July 30, 1889.

Page 1424

AUTHORIZING PAYMENT OF BALANCE STATE SCHOOL COMMISSIONER'S SALARY, 1887. No. 17. WHEREAS, The late State School Commissioner, Dr. Gustavus J. Orr, died on the 11th day of December, 1887, and his successor, Judge James S. Hook, qualified on the 21st day of that month; and, whereas, Edgar H. Orr was appointed State School Commissioner ad interim by His Excellency, the Governor, and was in charge of the office for the time above mentioned; and, whereas, there is an undrawn balance of forty-four dollars and forty-eight cents, appropriated to the payment of the salary of the State School Commissioner for the fourth quarter of the year 1887, the same being the salary corresponding to the period above named; Preamble. Be it resolved by the House of Representatives, the Senate concurring, That the Governor be, and he is hereby, authorized to draw his warrant on the Treasury for the sum of forty-four dollars and forty-eight cents in favor of Edgar H. Orr, in full payment of the above stated claim; the same to be paid out of the School Fund. Authority to draw warrant. Approved August 8, 1889. COMPENSATION OF SENATE AND HOUSE CHAPLAINS. No. 18. RESOLVED, By the House, the Senate concurring, That the compensation of the Chaplains of the House and Senate, shall be two dollars per diem for the present adjourned session. The amount herein specified shall be in lieu of any amount that may have been already specified in the general appropriation bill. Compensation of Chaplains. Approved August 20, 1889.

Page 1425

FOR RELIEF OF SURETIES OF HENRY COOK. No. 19. A Resolution to relieve Jefferson Bell, A. B. Brannon, J. M. Turner, A. E. Byers, C. M. Stoner and H. J. Holcombe, sureties upon the bail bond of Henry Cook. WHEREAS, Jefferson Bell, A. B. Brannon, J. M. Turner, A. E. Byers, C. M. Stoner and J. H. Holcombe, did, on December 12th, 1882, enter into a bond as sureties and bail for Henry Cook, for his appearance at Cherokee Superior Court, to answer to an indictment for the offense of misdemeanor, which bond was for the penal sum of three hundred dollars; and whereas, the bond so given and entered into was at the September Adjourned Term, 1883, of said Court, finally forfeited for the non-appearance of said Henry Cook to answer said offense, and judgment and execution was thereupon issued against said Cook and his said sureties; and whereas, there has been paid on said judgment and fi. fa. by said Jefferson Bell, one of said sureties, the sum of one hundred and fifty-eight dollars and twenty-five cents, from the levy and sale of his property there-under; and whereas, said Jefferson Bell has caused said Henry Cook to be arrested, and delivered him to the Sheriff of said county, who has him in custody to answer said indictment: Preamble. Be it therefore resolved by the General Assembly of the State of Georgia, That the said Jefferson Bell, A. B. Brannon, J. M. Turner, A. E. Byers, C. M. Stoner and J. H. Holcombe, surcties for said Henry Cook, be, and they are hereby relieved from any and all further liability upon said bail bond, judgment or fi. fa. issued thereon, and the officers of Cherokee Superior Court are hereby authorized and directed to have said fi. fa. entered satisfied and cancelled, and to have the same so entered upon the execution docket of said Court. Relieved from liability of bonds. Approved August 21, 1889.

Page 1426

AUTHORIZING GOVERNOR TO TENDER USE OF HALL OF REPRESENTATIVES TO CONFEDERATE VETERANS ASSOCIATION. No. 20. RESOLVED, By the Senate, and House of Representatives concurring therein, That His Excellency, the Governor of the State of Georgia, and his successors in office be, and he is hereby instructed, to tender the use of the Hall of the House of Representatives to the Ex-Confederate Veteran Soldiers' Association, at such times as they may need the same, when said hall of the House of Representatives is not otherwise engaged for public uses of said State. Use of Hall of House of Representatives tendered to Confederate Veterans. Approved September 2, 1889. AUTHORIZING PURCHASE OF 400 COPIES VAN EPPS DIGEST. No. 21. WHEREAS, Howard Van Epps, of Atlanta, Georgia, is preparing, and will have ready for publication as soon as the 81st volume of Georgia Reports is issued, an Index Digest of the Georgia Reports from volumes 62 to 81 inclusive; and, WHEREAS, Said Index Digest is a continuation of the Analytical Index of Henry Jackson, Esq., comprising volumes 1 to 40, and that of Hon. N. E. Harris, comprising volumes 41 to 61, with both of which the public officers have been supplied at the State's expense, in the same manner as the Supreme Court Roports are supplied; and, Preamble. WHEREAS, Such a work is of great assistance in the correct and economical administration of the law; therefore, Be it resolved, the Senate concurring, That the Governor be, and is hereby, authorized to subscribe for and to purchase for the use of the State Library and for distribution to the officers who are supplied at the State's expense with the Supreme Court Reports, and for the usual exchanges of the State Librarian with the librarians of the other States, four hundred copies of the aforesaid Van Epps' Index Digest of the Georgia Reports, and that he be authorized to pay for the same out of any funds in the Treasury not otherwise

Page 1427

appropriated, but the price of said books not to exceed five dollars per volume. Authority to purchase 400 copies Van Epps' Digest. Approved October 12, 1889. FOR RELIEF OF BALDY RYALLS. No. 22. A joint resolution for the relief of Baldy Ryalls, former Tax Collector of Dodge county, and his securities. WHEREAS, The Comptroller-General, acting in his official capacity, did, on the 26th day of June, 1889, issue a tax fi. fa. for the year 1888, for the sum of $2,191.13 principal, from the 20th of February, 1889, and twenty per cent. penalty against Baldy Ryalls, Tax Collector of Dodge county, as principal, and J. C. Ryalls, L. M. Curry, Horton McRanie, H. J. Sapp and L. M. Peacock, securities; and whereas, said Baldy Ryalls, Tax Collector, has made a settlement with said Comptroller-General, and, having been allowed his vouchers and insolvent list, left a balance due the State of $128.55 of principal, which he fully paid on the third day of July, 1889. The cause of the delay being the illness of the Ordinary of Dodge county, so that his insolvent list was not allowed him, leaving only the penalty of twenty per cent., to-wit: the sum of $146.06, now due on said fi. fa., therefore, Preamble. Be it resolved by the General Assembly of the State of Georgia, That they, the said Baldy Ryalls, former Tax Collector of Dodge county, and his securities, be, and they are hereby relieved from the payment of twenty per cent. penalty, amounting to $146.06, and said Tax Collector and the securities are hereby relieved from further payment on said fi. fa., and the same is cancelled; Provided, that said Tax Collector and his securities pay all costs and attorney's fees that may have accured by the issuing of the Comptroller's execution. Relieved from penalty of twenty per cent. Approved October 16, 1889.

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AUTHORIZING PAYMENT OF SALARY TO WIDOW OF LOUIS ARNHEIM. No. 23. A joint resolution authorizing the Treasurer to pay to the widow of the late Louis Arnheim a sum equal to that which would have been due him had he lived until the close of this session of the General Assembly. Be it resolved by the House, the Senate concurring, That the State Treasurer is hereby authorized to pay to the widow of the late Hon. Louis Arnheim, a member of the House of Representatives from Dougherty county, the balance which would have been due him for compensation for service as a member, had he lived through this session of the General Assembly, including mileage in coming to the Capitol; Provided, that if his successor is elected and qualified before adjournment sine die, payment shall be made only to the date of the qualification of such successor. Authorizing payment of salary Hon. Louis Arnheim. Proviso. Approved October 22, 1889. FOR PAYMENT OF MILEAGE FOR ADJOURNED SESSION. No. 24. WHEREAS, The present session of the Legislature, adjourned from the regular November session, 1888, was required by the exigencies of the public business, therefore, Preamble Be it resolved by the House of Representatives, the Senate concurring, That mileage be paid to the members of the General Assembly, the principal door-keepers and the messengers of the House and Senate, coming to and returning from the Capitol to attend said adjourned session of the General Assembly, as is done at a regular session. Payment of mileage. Approved October 25, 1889.

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AUTHORIZING PAYMENT TO WIDOW OF NEEDHAM DEAN, DISABLED CONFEDERATE VETERAN. No. 25. WHEREAS, Needham Dean, a Confederate soldier who had lost an arm in the service of the Confederate States, was entitled to the sum of one hundred dollars under the Act approved 24th December, 1888, and died before he received the same; therefore, Preamble. Be it resolved, That the Governor draw his warrant upon the Treasurer in favor of Sarah Dean, the widow of said Needham Dean, for the sum of one hundred dollars, the same being the amount due him, the said Needham Dean, under said Act. Authority to draw warrant. Approved October 25, 1889. TO PROCURE SURVEY OF THE COAST. No. 26. WHEREAS, A bill has just passed the General Assembly of this State to develop the oyster industry within its borders; and WHEREAS, A knowledge of the various bodies of water, their specific gravities, the strength and velocity of the currents, the nature of the bottom, and other physical characteristics are necessary to show the areas fit and unfit for the culture of oysters; and Preamble. WHEREAS, An accurate survey of the coast will greatly promote the interests of this State and encourage the industry; therefore, Be it resolved, That His Excellency, the Governor, is hereby requested to ask the Federal Government to assist the State in making the proposed survey, as was done by the Federal Government for the State of North Carolina, and to detail one or more officers of the U. S. Navy to make a physical examination of the waters of the State of Georgia, and prepare a chart showing in detail the productive and unproductive areas, as well as the natural oyster beds. To request Federal Government to survey coast, etc Approved October 25, 1889.

Page 1430

AUTHORIZING GOVERNOR TO APPOINT OYSTER COMMISSION. No. 27. RESOLVED, By the Senate, the House concurring, That the Governor be, and he is hereby, authorized and empowered to appoint a commission, consisting of three citizens of this State, who are familiar with the oyster growth and interests of this State, and who have no immediate interest therein, to investigate and report to the next General Assembly of this State what changes, if any, are desirable or necessary in the laws of this State governing the same. Appointment of oyster commission. Approved October 29, 1889. TENDERING USE OF OLD CAPITOL TO CONFEDERATE SURVIVORS' ASSOCIATION. No. 28. RESOLVED, By the Senate, the House concurring, That the Old Capitol, in Atlanta, be tendered to the Confederate Survivors' Association during the months of November and December, for the purpose of holding a fair for their benefit; Provided, that before said tender is made, the keeper of public buildings shall obtain the consent, in writing, of the insurance company in which said building is insured, that such use of said building shall not impair or violate the policies of insurance on the same, which said consent shall be attached to each of the policies and become a part of the same. Use of Old Capitol tendered to Confederate Survivors' Association. Approved November 1, 1889.

Page 1431

AUTHORIZING JACKSON T. TAYLOR TO MAKE INDEXES FOR JOURNALS. No. 29. To authorize Jackson T. Taylor to make indexes of the Journals of the House of Representatives and of the Senate, and to provide pay therefor. Be it resolved by the House of Representatives, the Senate concurring, That Jackson T. Taylor is hereby authorized to make indexes for the Journals of the House of Representatives and Senate of the present adjourned term. Authority to make indexes. Be it further resolved, That when said Taylor shall exhibit a certificate of the State Printer showing the proper performance of the work of indexing the Journals, the Governor shall draw his warrant on the Treasurer for one hundred and fifty dollars in full payment for said work. Payment for said indexes. Approved November 5, 1889. FOR RELIEF OF SURETIES OF J. M. WILSON. No. 30. A Resolution for the relief of the sureties on the bonds for 1887 and 1888 of J. M. Wilson, lately Tax Collector of Fulton county, Georgia. RESOLVED, By the General Assembly of Georgia, That upon payment into the Treasury of the State of the entire remainder of the sums named in the fi. fas. and the costs due thereon, the sureties on the official bonds of J. M. Wilson, as Tax Collector of the county of Fulton, be, and are hereby relieved from the penalty of twenty per cent. upon the amount of his default to the State for the years 1887 and 1888, and the Comptroller-General shall enter the fi. fas. for said years satisfied as against said sureties, upon payment being made as aforesaid, but said fi. fas. shall stand open as against said principal, J. M. Wilson. Relief of bondsmen of J. M. Wilson. Approved November 11, 1889.

Page 1432

TO SECURE REPEAL OF LAW IMPOSING TAX OF TEN PER CENT. ON CIRCULATION OF STATE BANKS. No. 31. A resolution instructing our Senators and requesting our Representatives in Congress to secure the repeal of the law which imposes a tax of ten per cent. on the circulation of State banks. WHEREAS, The banking capital of this State is wholly inadequate to the wants of the people; and, whereas, the existing condition of affairs in this respect is attributable to a provision of an Act of the Federal Congress, approved March 3, 1865, which levies a tax of ten per cent. per annum on the circulation of all banks chartered under State laws; and, whereas, the said tax is unwise, restrictive and oppressive, and should no longer remain on the statute books; therefore, be it Preamble. Resolved by the General Assembly of Georgia, That our Senators in Congress be instructed and our Representatives in Congress be requested to use their best efforts to secure the immediate repeal of the provision of the Act hereinbefore mentioned. To urge repeal of bank tax. Resolved, That a copy of the foregoing preamble and resolutions be transmitted by His Excellency, the Governor of this State, to each of our Senators and Representatives in Congress. Transmission of resolutions. Approved November 11, 1889. URGING REDUCTION OF POSTAGE ON FIELD AND GARDEN SEEDS. No. 32. RESOLVED, By the House of Representatives, the Senate concurring, That our Senators and Representatives in Congress be requested to use their best efforts to have the postal laws so amended as to authorize the transmission of all field and garden seeds through the mails, in packages not to exceed six pounds, at a cost not exceeding one cent for four ounces, or fraction thereof. Urging reduction of postage on garden seeds, etc. Resolved, That His Excellency, the Governor, be requested to transmit a certified copy of the foregoing resolution to each of our Senators and Representatives in Congress. Certified copy. Approved November 11, 1889.

Page 1433

AUTHORIZING GOVERNOR TO SELL FURNITURE IN OLD CAPITOL. No. 33. RESOLVED, By the Senate, the House of Representatives concurring, That the Governor be, and he is hereby authorized, after the expiration of thirty days from the passage of this resolution, and after such advertisement as he, in his discretion may deem wise, to sell at public outery, in the city of Atlanta, all the desks and other furniture of the old capital in said city, which is not now used in the new capital, and cover the proceeds of said sale into the State treasury. Provides for sale of furniture in Old Captol. Approved November 12, 1889. AUTHORIZING WITHDRAWAL OF SUIT AGAINST H. J. LAMAR. No. 34. WHEREAS, The Attorney-General, by direction of the Legislature, instituted proceedings in Butts Superior Court to cancel the lease of the Indian Springs Reserve by H. J. Lamar, which was leased to said H. J. Lamar, by the Act of March 9th, 1889, for the term of thirty years, and also instituted a suit against the said H. J. Lamar to recover a grist mill, which he had erected in a street bordering on the Reserve; and whereas, the said H. J. Lamar surrendered his lease and consented that the Attorney-General should take a decree cancelling the lease, and the decree was accordingly taken on condition that the State would dismiss its suit to recover said mill; and whereas, the Attorney-General advises that the suit now pending to recover said mill be dismissed. Preamble. Be it therefore resolved by the General Assembly, That the suit now pending in Butts Superior Court, against H. J. Lamar for the recovery of said mill property be, and the same is hereby dismissed. Authority to withdraw suit. Approved November 12, 1889.

Page 1434

REDUCING APPROPRIATION TO LUNATIC ASYLUM. No. 35. WHEREAS, It appears that the bill entitled an Act to appropriate money to the State Lunatic Asylum, and for other purposes, was amended by the House of Representatives so as to reduce the appropriation for the item of support, sustentation and maintenance of the inmates of said Asylum, from ten thousand to five thousand dollars; and whereas, said amendment was in some way omitted, and was not transmitted to the Senate; and whereas, the said Act, as approved by the Governor, contains the appropriation for the sum of ten thousand instead of five thousand dollars; Preamble. Be it therefore resolved by the General Assembly of the State of Georgia, That the Governor be, and is hereby directed to draw his warrant on the Treasurer for a sum not exceeding five thousand dollars, for the support, sustentation and maintenance of of the inmates of said Asylum. Amount of appropriation for Lunatic Asylum. Approved November 12, 1889. DISPOSITION OF PER DIEM OF HON. W. M. COLLINS, DECEASED. No. 36. WHEREAS, Hon. W. M. Collins was duly elected as a member of the House of Representatives from Spalding county for the term beginning November, 1888; and, whereas, he died on the day of the assembling of this General Assembly to which he was elected, and the vacancy was filled by the election of Hon. Jno. H. Mitchell, who was sworn in on the sixth day of December, 1888; therefore, Preamble. Be it resolved by the General Assembly of Georgia, That the legal representative of said Hon. W. M. Collins be, and is hereby, authorized to draw such an amount from the State Treasury as Hon. W. M. Collins would have been entitled to draw as per diem up to the date upon which said Hon. Jno. H. Mitchell was sworn in, had the said W. M. Collins lived to that date. Payment of salary of Hon. W. W. Collins. Approved November 12, 1889.

Page 1435

AUTHORIZING PAYMENT TO H. M. BEUTELL. No. 37. RESOLVED, By the House, the Senate concurring, That the sum of one hundred and sixty-eight dollars be appropriated out of any money in the treasury not otherwise appropriated, to pay H. M. Beutell for the postoffice fixtures erected in the House by said Beutell, under a resolution adopted July 10, 1889. Payment for postoffice fixtures. for House. Approved November 12, 1889. DISPOSITION OF SURPLUS FUND FOR FURNISHING NEW CAPITOL. No. 38. RESOLVED, By the House, the Senate concurring, That the surplus now in the hands of the Treasurer remaining from the amount appropriated for the furnishing of the New Capitol, including the purchase of the safe, be, and the same is hereby authorized to be used in the purchase of the additional letter files and other furniture set forth as necessary in the report of the Commission appointed to purchase furniture for the New Capitol; Provided, that one-half of said sum be appropriated to furnishing the Department of Agriculture; Provided, also, that the sum of two hundred dollars of said surplus shall first be, and the same is hereby appropriated for the purpose of purchasing a desk for each Justice of the Supreme Court, to be selected by them, and to purchase a clock for the Supreme Court room. Disposition of surplus fund for furnishing New Capitol. Approved November 12, 1889.

Page 1436

AUTHORIZING PAYMENT OF SALARY TO WIDOW OF K. L. BOONE. No. 39. RESOLVED, By the House of Representatives, the Senate concurring, That the Treasurer be, and he is hereby authorized to pay to the widow of K. L. Boone, late member of the House of Representatives from the county of Hall, the amount due for per diem and mileage to the close of the session of the General Assembly, except such portion thereof as has heretofore been drawn by said K. L. Boone, deceased, as may appear on the books of the Treasurer. Provides for payment of salary to widow of K. L. Boone. Approved November 12, 1889. MILITARY EQUIPMENTS. No. 40. A Resolution relating to Military Equipments. Be it resolved by the General Assembly of this State, That the Governor be requested, that in making his requisition, under section 1661, Revised Statutes of the United States, for arms, quartermasters' stores, etc., for the years after the time embraced in the requisitions to be honored July, 1889, he do not make requisition for arms to the value of more than one thousand dollars. Amount of requisition limited. Be it further resolved, That the Governor be requested to apply, under said section, for the balance of the State's quota of the appropriation thereby made, to be in fatigue uniforms and camp equipage, or in fatigue uniforms or in camp equipage, as he shall deem best; the same to be distributed to the commands of the volunteer forces of this State, under such rules and regulations as may be prescribed by the Governor. Fatigue uniform and camp equipage. Approved November 12, 1889.

Page 1437

OBSTRUCTIONS IN THE SAVANNAH RIVER. No. 41. WHEREAS, By a convention held between the States of Georgia and South Carolina, at Beaufort, in the State of South Carolina, in the year 1787, it was agreed that the Savannah River should be free to all the citizens of both States from hindrance, interruption or molestation by any one; and, whereas, by Act of the General Assembly of Georgia, approved December 15, 1809, it was declared that it should be unlawful for any person to obstruct, or cause to be obstructed more than one-third of the Savannah River by dams, fish-traps or other obstructions in the counties of Richmond, Columbia, Lincoln, Elbert and Franklin; and, whereas, by Act to incorporate the proprietors of the Augusta Canal, etc., approved December 27, 1845, it was by this Act declared that the proprietors of said canal shall open and keep open the boat-sluice on the outside of their dam at the head of said canal, so that the navigation of the river at that point shall be made and kept at least as good as it was before the construction of said dam, and that said proprietors shall not be allowed, by any extension of said dam, or any other work, to obstruct the navigation of said river, or the free passage of fish; and, whereas, there exists in the several counties along the Savannah River, above Augusta, various complaints among the people in reference to the obstruction of the free passage of fish by the dam of the Augusta Canal Company placed in the said Savannah River; and, whereas, there is a difference of opinion as to the legality and the extent of these obstructions, and as to the appropriate remedies of the evil complained of; now, to the end that full, fair, and complete information may be obtained in the premises, and that ample legal justice may be done according to law to both the people of South Carolina and of Georgia, as well as to the proprietors or owners of said dam; and, whereas, it is alleged that these obstructions caused by said canal dam, placed at the head of the said canal in said Savannah River, extends entirely across the said river in the county of Richmond, or of Columbia, above and near the city of Augusta; therefore, Preamble. Be it resolved by the General Assembly, That the Governor do, without delay, have a full and complete investigation made, touching these alleged obstructions in the Savannah River, and the character and extent of such obstructions, by a competent commission, to consist of three good, true and competent men, to be appointed by him for said purpose, within sixty days from the adoption

Page 1438

of these resolutions, with an eye to finding out: First. The character and extent of said obstructions complained of. Second. The legality and authority of such obstructions. Third. The feasibility of providing an ample and sufficient fishway in said Augusta Canal, by the city of Augusta or the proprietors of the Augusta Canal, in order to allow the free passage of fish (especially shad fish) up and down said river, over or through said dam or obstructions. Requires government to make investigation Resolved further, That if it be found by said commission that the said Savannah River is, by the dam aforesaid, so obstructed as to prevent the free passage of fish (especially shad fish), and that no adequate and ample and sufficient fishways have been, or shall be, provided by the city of Augusta or the proprietors of the Augusta Canal, and kept in order, in or over or through said dam or obstruction, to allow the free passage of fish, as aforesaid, within twelve months from said investigation and report by said commission, provided for in this resolution, or unless the city of Augusta or said proprietors, shall so modify said dam as to allow the free passage of fish (especially shad fish), then it shall be the duty of the Governor to have the Attorney-General of the State to institute proper proceedings, by mandamus or otherwise, on behalf of the State, in either the Superior Court of the county of Richmond, or the Superior Court of the county of Columbia, in whichever county the obstructions may be found to exist, against the parties so obstructing, illegally, said river as before set forth; to require the creation of proper and necessary fishways to secure the passage of fish (especially shad fish), and to keep said fishways open, free and unobstructed. To provide for free passage of fish. Resolved further, That said commission to be appointed by the Governor to make said investigations, shall have full power to subp[oelig]na witnesses, take interrogatories, send for persons and papers, and do all and everything that a court may do in order to a full, free, just, and impartial investigation of the matters and things herein complained of and asked to be investigated. And the said commission shall report the same to the Governor within three months from the time the said commission shall be appointed. Authority of commission. Approved November 13, 1889.

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TREASURER'S REPORT SHALL NOT INCLUDE WORTHLESS ASSETS. No. 42. A Resolution to provide that the Treasurer shall not include in his annual report as the assets of the State, certain assets of the State which are worthless. WHEREAS, The State owns certain assets which are worthless; and whereas, the Treasurer of the State is now required by law to keep an account of such assets on his books, and to embrace the same in his annual reports to the General Assembly; Preamble. Be it therefore resolved by the General Assembly of the State of Georgia, That the assets referred to, to-wit: 1,833 shares of the stock of the Bank of the State of Georgia, 890 shares of the stock of the Bank of Augusta, 10,000 shares of the stock of the Atlantic and Gulf Railroad, which are worthless, shall not hereafter be embraced in the annual reports of the Treasurer, nor shall the Treasurer be required to keep the same upon his books; but he is authorized to write the same off of his books, and to file the same away, and preserve the same. Worthless assets must not be included. Approved November 13, 1889.

Page 1441

APPENDIX.

Page 1443

INCORPORATING THE AMERICAN INTER-OCEAN CANAL COMPANY. No. 849. An Act to incorporate The American Inter-Ocean Canal Company; to define the rights, powers and privileges thereof; to provide for the construction of railways, cables, telegraph and telephone lines, electric works and other works in connection therewith, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Albert S. Willis, Augustus Pullis, Hugh H. Gordon, R. S. Miner, M. R. Contant, Gustave R. Wahle and their associates, successors and assigns be, and they are hereby incorporated as a body corporate and politic under the name and style of The American Inter-Ocean Canal Company, and by that name shall have perpetual succession, with all the rights, privileges, franchises and immunities incident to a corporation organized under the laws of this State and of the United States. Said company shall have the power to sue and be sued, plead and be impleaded, complain and defend in all courts of law and equity; to have and use a corporate seal, and to alter or amend the same at pleasure; to purchase, receive, held and enjoy them, their successors and assigns, real and personal property of every kind and description and rights of property and concessionary rights, including rights-of-way for canals, railways, telegraph, telephone and cable lines, and all kinds of roads, turnpikes and lines of transportation, and to sell, convey, pledge, mortgage, lease and sub-lease any or all of its property or properties at will, and to issue bonds, notes or other obligations, and borrow money upon the same. Corporators Corporate name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the said corporation shall have the power to locate, construct, equip, own, maintain, and operate an inter-ocean ship canal across the Isthmus of Panama, connecting the waters of the Atlantic and Pacific oceans, or at any point where said company may be granted the right to construct and operate such canal; and to construct, own and operate any public or private work or works, buildings, warehouses, manufactories, roads, turnpikes, railways, branch canals, canal locks, water ways, wharves, docks, steamboat and steamship lines, telegraph, telephone, and marine cable lines, electric works, or any other works in connection with said canal which may be conducive to the interests of said company; Provided, that the construction and operation of such work or works are authorized by

Page 1444

the State or country where such work or works may be located. Said corporation shall also have power to contract with any person or persons, firm or other corporation for the location, construction, equipment, maintenance or operation of an inter-ocean ship canal or any of the works named in this section, and as herein provided; also to purchase such surveys or maps or drawings or plans and specifications as may be of value to said company, or any needful implements, tools, provisions, instruments and labor, or to supply the same to its contractors upon such terms and conditions as may be agreed upon; and said corporation shall have power to pay for said labor and material or surveys, or maps and drawings, or plans and specifications, or any other property of value, with its capital stock. Authority to construct canal across the Isthmus of Panama. Proviso. Corporate powers. SEC. III. Be it further enacted, That the said corporation shall also have power to make purchases and sales of or investments in all kinds of real and personal estate and the stocks, bonds and securities of other corporations, and to make advances of money, supplies and credit to other companies, contractors or manufacturers; to receive and hold on deposit, or as collateral, or otherwise, any estate or property, real or personal, including the notes, obligations and accounts of individuals and corporations, and to purchase, collect, adjust, settle, or sell, or dispose of the same upon such terms as may be agreed on by the parties interested; also to indorse and guarantee the payment of the bonds or the performance of the obligations of the other canal companies, or other corporations, firms or individuals; and to assume, execute and carry out any contract, leases, or sub-leases made or entered into by any other company, firm or individual. The authority and powers herein granted shall be exercised and used only in the construction and furtherance of an inter-ocean canal. Real estate and stock purchases. SEC. IV. Be it further enacted, That the said corporation shall also have power to merge or consolidate or unite with any inter-ocean canal company or other corporation, or to purchase the property, rights and franchises and concessions of any inter-ocean canal company or other corporation; to fix and regulate the tolls or charges for the passage of vessels, or for the transportation of freight or passengers upon any inter-ocean canal, steamboat or steamship line, tramway or railway which it may own and control, and to declare dividends from the profits realized; subject, however, to the laws and regulations of the State or country where such canal or transportation line may be located. Authority to unite with other companies. SEC. V. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand dollars, (divided into

Page 1445

two thousand shares of the par value of fifty dollars) with the privilege of increasing the same by a vote of the holders of a majority of the stock represented at any annual or special meeting of the stockholders. The corporators named in the first section of this Act, or a majority of them shall have power to open books of subscription at such times and places as they may deem expedient, and when not less than one thousand shares have been subscribed for and ten per centum of said capital stock shall have been paid in, the shareholders may elect not less than three nor more than eleven directors, to serve until the next annual election, or until their successors shall be duly elected and qualified; and the directors may establish and adopt and put in execution such by-laws, rules and regulations as may be necessary for the government of said corporation. The directors of this corporation may, and they are hereby authorized and empowered to carry into effect the purposes of this Act, and to have and to exercise in the name and in behalf of the said corporation, all the rights and privileges which are intended to be hereby given. A majority of the directors of this corporation shall be citizens of the United States, and no person shall be eligible as a director who is not a stockholder to the amount of one hundred shares of its capital stock. Capital stock. Books of subscription. Board of Directors. SEC. VI: Be it further enacted, That subscriptions to the capital stock of the said corporation may be paid in money or in propertyreal or personalor in labor, and any rights-of-way or valuable franchises, or concessions, or stock, or bonds of other corporations, or any other property of value may be received in payment for the stock of the said corporation, subject to the approval of the Board of Directors, and such stock so paid for in labor or in propertyreal or personalor otherwise, shall have the same value and carry the same rights and privileges as if paid for in money. Should the capital stock at any time be increased, all the stockholders at that time shall be entitled to a share of such increase in proportion to his holdings of stock, upon the payment of the installments thereon duly called for, and whenever an increase of capital stock is made, a certificate thereof, duly executed under the corporate seal of the company and signed by the President and Secretary, shall be filed with the Comptroller-General of this State, and the official acknowledgment of the Comptroller, certifying to the receipt of the said certificate of the increase in the capital stock shall be placed in the stock book of the company, and a copy thereof shall be entered upon the book of minutes of the Board of Directors, and as near as possible to the page upon which the authorized increase of the capital stock is recorded. Payment of stock supscriptions. Increase of capital stock.

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SEC. VII. Be it further enacted, That the stockholders of this corporation shall in no way be personally or pecuniarily liable for the debts, obligations or acts of said corporation, except to the extent of any unpaid subscription to the capital stock. The stock of this corporation shall be transferable only upon the books of the company at its principal office. Any portion of the stock of said corporation may be made preferred stock. Liability of stockholders. SEC. VIII. Be it further enacted, That the principal office of this corporation shall be in the city of Atlanta, Georgia, and the principal financial office shall be in the city of New York, in the State of New York; but the directors of the company shall have power to change the location of the principal offices whenever the business interests of the company may render a change expedient, and the directors may also locate and establish branch offices or agencies at such other places in the United States, and in Europe or elsewhere, as the interests of the company may demand, and to change the same whenever it may be deemed advisable. Principal offices. SEC. IX. Be it further enacted, That the directors shall be elected annually, at the regular annual meeting of the stockholders; and at the first meeting of the board after their election the directors shall elect from their own number a President; and they shall also have the power to elect one or more Vice-Presidents, a Secretary, a Treasurer, and such other officers or agents as the proper conduct of the company's business may require, or as may be provided for in the by-laws of the company; and the directors of said corporation shall have the power to make any changes or alterations in, or additions to, the by-laws which may be conducive to the interests of the company, and not in conflict with the laws of this State or of the United States. Annual elections. Officers of the corporation. 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 Nov. 11, 1889. NOTE BY THE COMPILER.This Act was not delivered to the State Printer until after the section of the book where it properly belongs had been printed.

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TREASURER'S STATEMENT.1889.

Page 1448

R. U. HARDEMAN, Treasurer, in account with State of Goergia for Report Year, ending September 30, 1889. Balance in Treasury September 30, 1888 $ 231,351 52 By amount paid account Agricultural Department, 1888 $ 2,500 00 To Auctioneers Tax of 1888 $ 112 50 By amount paid account Agricultural Department, 1889 7,500 00 To Auctioneers' Tax of 1889 810 00 By amount paid account Academy Blind, 1888 4,000 00 To Artist Tax of 1889 1,141 00 By amount paid account Academy Blind, 1889 12,000 00 To Billiard Tax of 1883 45 00 By amount paid account Contingent Fund, 1888 4,938 19 To Billiard Tax of 1884 45 00 By amount paid account Contingent Fund, 1889 7,948 83 To Billiard Tax of 1888 1,192 50 By amount paid account Contingent Fund Railroad Com'rs, 1888 125 00 To Billiard Tax of 1889 5,917 50 By amount paid account Contingent Fund Railroad Com'rs, 1889 375 00 To Capitol Tax of 1889 201,625 05 By amount paid account Contingent Fund Supreme Court, 1888 155 62 To Dividends from Stocks 2,596 00 By amount paid account Contingent Fund Supreme Court, 1889 500 00 To Fee of State House Officers, 1889 973 65 By amount paid account Civil Establishment, 1888 55,060 75 To General Tax, 1888 931,698 79 By amount paid account Civil Establishment, 1889 54,522 20 To Hire of Convicts 24,999 98 By amount paid account Clerk Supreme Court cost 517 50 To Insurance Tax, 1888 2 46 By amount paid account Compiling Laws 300 00 To Insurance Tax, 1889 28,643 64 By amount paid account Deaf and Dumb Institute, 1888 3,750 00 To Insurance Agents' Tax, 1888 130 00 By amount paid account Deaf and Dumb Institute, 1889 12,750 00 To Insurance Agents' Tax, 1889 6,490 00 By amount paid account Experimental Station 1,019 87 To Insurance Fees, 1888 145 60 By amount paid account Furnishing New Capitol 78,041 30 To Insurance Fees, 1889 7,200 20 By amount paid account Insurance Public Buildings, 1888 3,440 90 To Inspectors Fertilizers Fees 95,386 19 By amount paid account Insurance Public Buildings, 1889 1,268 33 To Insolvent General Tax 15,792 46 By amount paid account Lunatic Asylum, 1888 58,333 31 To Liquor Tax, 1884 164 50 By amount paid account Lunatic Asylum, 1889 131,249 97 To Liquor Tax, 1885 196 50 By amount paid account Lunatic Asylum Trustees 300 00 To Liquor Tax, 1888 9,424 63 By amount paid account Land Scrip Fund, 1889 6,314 14 To Liquor Tax, 1889 61,341 41 By amount paid account Library Fund 3,391 07 To Penalties against Collectors 2,262 57 By amount paid account Legislature Pay-roll 57,327 87 To Rent Western Atlantic Railroad 300,000 00 By amount paid account Maimed Soldiers 160,400 00 To Rent Public Buildings 17 98 By amount paid account New Capitol 168,252 36 To Railroad Tax, sundry years 761 99 By amount paid account Over-payment of Taxes 5,617 42 To Railroad Tax, 1888 51,104 28 By amount paid account Penitentiary Fund -general account 1,657 35 To Railroad Tax, 1889 117,622 36 By amount paid account Penitentiary Fund-special account, 1888 486 25 To Show Tax, 1885 145 00 By amount paid account Public Debt 2,306,044 59 To Show Tax, 1888 698 70 By amount paid account Public Building Fund, 1888 3,200 00 To Show Tax, 1889 1,164 60 By amount paid account Public Building Fund, 1889 10,000 00 To Sale Bonds 1,885,750 00 By amount paid account Printing Fund, 1888 94 38 To Sale Supreme Court Reports 3,170 00 By amount paid account Printing Fund, 1889 11,971 21 To Sale Public Property 50 00 By amount paid account Printing Fund Railroad Com'rs, 1888 14 94 To Sewing Machine Agents' Tax, 1883 9 00 By amount paid account Printing Fund Railroad Com'rs, 1889 500 00 To Sewing Machine Agents' Tax, 1888 70 00 By amount paid account Salary Inspectors 8,250 00 To Sewing Machine Agents' Tax, 1889 202 50 By amount paid account Salary Chemist 3,000 00 To Supreme Court costs 151 25 By amount paid account Solicitors General 1,605 00 To Surplus from sale Wild Lands 1,734 24 By amount paid account Supreme Court Reports 9,000 00 To Tax Lightning Rod dealers, 1888 360 00 By amount paid account School Fund, 1888 330,113 73 To Tax Lightning Rod dealers, 1889 448 50 By amount paid account School Fund, 1889 3,525 29 To Tax Pistol, etc., dealers, 1888 472 50 By amount paid account School Fund, 1890 1,460 21 To Tax Pistol, etc., dealers, 1889 1,552 50 By amount paid account School Technology 3,676 04 To Tax Special Nostrums, 1888 217 50 By amount paid account Special Appropriations 29,969 62 To Tax Special Nostrums, 1889 510 50 By amount paid account University Georgia 8,000 00 To Tax on Games, 1888 315 00 By amount paid account University Trustees' expenses 32 04 3,574,500 28 To Tax on Games, 1889 382 50 By balance in Treasury September 30, 1889 430 191 01 To Tax on Telegraph Companies, 1888 1,018 87 To Tax on Telegraph Companies, 1889 1,130 40 To Tax on Express Companies, 1888 1,304 16 To Tax on Express Companies, 1889 1,137 11 To Tax on Telephone Companies, 1888 1,155 75 To Tax on Telephone Companies, 1889 1,227 75 To Tax on Dealers Futures, 1889 450 00 To Tax on Railroad [Illegible Text] Sleeping Cars, 1889 150 00 To Tax on Clock Peddlers, 1889 202 50 To Tax on Dealers Stoves, 1885 90 00 To Tax on Dealers Stoves, 1889 90 00 To Wild Land Tax 135 20 3,773,339 77 $4,004,691 29 $ 4,004,691 29

INDEX

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INDEX TO PUBLIC LAWS. A. ACTION To prevent abatement of 73 ACADEMY FOR BLEND Appropriation forspecial 16 ADJUTANT-GENERAL Appropriation for office expenses 24 To have prepared roster of Confederate troops 25 ADMINISTRATOR Punishment for defrauding an estate 109 ADOPTION Of childrenmode prescribed 69 ADVISORY BOARD Expense ofappropriation for 24 AFFIDAVITS Amendment of to foreclose liens 110 AGRICULTURAL To procure statistics 53 AMENDMENTS TO CONSTITUTION First reading Senate and House bills 37 Relief for widows of Confederate soldiers 39 ASSIGNEES Of failing firms required to give bond 108 ASSISTANT LIBRARIAN Appropriation for 10 ATTACHMENTS Issuance of for purchase money 75 APPROPRIATIONS Deficiency Appropriation Act 7 Georgia Normal and Industrial College 10 What Appropriation Acts shall contain 15 Amending General Appropriation Act 1888 15 For the Academy of the Blind 16 For the State Lunatic Asylum 17 For Geologist, survey, etc 18 To establish line between Georgia and Alabama 21 Commissioners, etc., inventory W. A. R. R 22 To pay executors General Robert Toombs 23

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For volunteer forces of the State 24 For roster Georgia Troops in Confederate army 25 To J. P. Austin for loss of sight 26 AUSTIN, J. P. A Confederate soldier for loss of sight 26 B. BRANCH COLLEGES White female students admitted 123 BETTING On cock-fighting prohibited 164 BIBB COUNTY Superior Court terms changed 97 BONDS Maturing 1889Appropriation for 16 Method of registering State 44 Approval of securities on official bonds 45 Time allowed County Treasurer to perfect 51 Required for stay of execution 88 Authorizes Governor to issue to meet public debt falling due Oct., 1890 150 Deposited by State Depositories in lieu, etc 177 BUILDING AND LOAN ASSOCIATIONS Act amended granting privileges to 180 BUTTS COUNTY Superior Court term changed 98 C CABANISS H. H. Appropriation for 9 CARROLL COUNTY Superior Courtfour weeks term provided for 97 CAMP GROUNDS To prevent intrusion upon 179 CARGOES Rights of owners protected, etc. 165 CHARTERS Clerks Superior Court required to keep record of 103 Of Superior Courts ratified and confirmed 160 CRAWFORD SUPERIOR COURT Spring term changed 95 CLERKS OF HOUSE Appropriation for 9 CLERKS To make certain fees of 104 CLERKS SUPERIOR COURT To provide two sets minutes where judges preside in bank 99 CREDITORS' BILL How secured for insolvent firms 74

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CERTIORARI Writs to be applied for in thirty days 84 CIGARETTES Prohibits sale of to minors, etc 149 Amends act prohibiting sale to minors 154 CHILDREN Adoption of 69 CLIFTON, L. B. Appropriation for 9 COCK FIGHTING Penalty prescribed 164 CODE AMENDMENTS SECTION 97Registering Georgia Bonds 44 SECTION 151Approval of official bonds 45 SECTION 339Prohibits ordinaries practicing, etc 46 SECTION 359Terms upon which jailors can receive U. S. prisoners 47 SECTION 465Appointment of extra constables 48 SECTION 493(c)Building or repairing public bridges 49 SECTION 534Disabled soldiers allowed to peddle, etc 50 SECTION 549Bond of County Treasurer 51 SECTION 683Posting rates on toll bridges, etc 52 SECTION 909-10Defaulting tax collectors 52 SECTION 920Agricultural and Mechanical statistics 53 SECTION 943(a)Additional State Depositories 54 SECTION 1194Trustees University of Georgia 55 SECTION 119Trustees University of Georgia 56 SECTION 1341-4Trustees and officers Lunatic Asylum 58 SECTION 1366Repeals act admitting inebriates into State Lunatic Asylum 59 SECTION 1455Qualification of voters to establish a stock law 60 SECTION 1465To furnish Tax Receivers blanks for statistical returns 62 SECTION 1465 (g) 1465 (b)Commissioner of Agriculture elected by the people 63 SECTION 1466Examiner of State Banks 65 SECTION 1553 (d)Reducing fees for inspection of fertilizers 67 SECTION 1599Sworn weigherstare on cotton. 68 SECTION 1788Adoption of children 69 SECTION 1855Appointment of guardian or commitment to asylum 70 SECTION 1977Special crop lien for rent 71 SECTION 2783January 19 a public holiday 72 SECTION 2967To prevent abatement of action 73 SECTION 3149 (a)Creditors billparties necessary 74 SECTION 3293-3295Attachments for purchase money 75 SECTION 3694Fees of Ordinary 76 SECTION 3694Fees of Ordinary 79 SECTION 3719Applications for new trial. 83 SECTION 3732Tax executionsstay of 88 SECTION 3811-13Discovery through officers or agents of corporations 87 SECTION 3854Competency of witnesses, etc. 85

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SECTION 3910 (f)Lists of grand and traverse jurors 84 SECTION 4057Writs of Certiorari 84 SECTION Act establishing board of pharmaceutical examiners 89 COLQUITT COUNTY Superior Court terms changed 96 COMMISSION To furnish New Capitolappropriation for 8 COMMISSIONER OF AGRICULTURE To be elected by the people 63 COMMITTEE TO INVESTIGATE Treasurer and Comptroller's officesappropriation for 8 COMMON CARRIERS Railroads required to pay State taxes by October 1 130 Act amended regulating freight and passenger tariffs 131 Act amended regulating railroad freights, etc 133 Prohibiting false billing, classifications, etc 134 Requires prompt settlement of overcharges, etc 136 To facilitate service on railroad companies 137 Act amended regulating railroad tariffs 138 Railroads required to build farm-crossings and cattle-guards 158 COMPETENCY OF WITNESSES Where certain parties are dead or insane 85 CONFEDERATE SOLDIERS Pension laws amended 40 Appropriation for J. P. Austin 26 CONFEDERATE TROOPS Roster ofappropriation for 25 CONSTITUTIONAL AMENDMENTS Reading billsHouse and Senate 37 Widows of Soldiers 39 CONSTABLES Justice of Peace may appoint 48 How insolvent costs are paid 101 CONTINGENT EXPENSES General AssemblyAppropriation for 8 CONTINGENT FUND Appropriation for 8 CONTRACTS For conditional sale of railroad equipment, etc 188 CONVICTS County Commissioners authorized to hire 105 CORDELE Added to list of State Depositories 54 CORPORATIONS Officers of required to execute interrogatories 87 Reviver of provided for 182 COUNTY TAX ON RAILROADS System of 29

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COUNCILMEN AND ALDERMEN Ineligible to other municipal office 181 COUNTY OFFICERS Holding Court of Ordinary when Ordinary is disqualified 100 Insolvent costs paid Justices and Constables 101 Enlarging powers County Commissioners and Ordinaries 102 Clerk required to keep record of Superior Court charters 103 To make certain fees of Clerks 104 Authorizes Commissioners or Ordinaries to hire convicts 105 COUNTY TREASURER Time allowed in which to make bond 51 D. DARIEN Added to list of State depositories 54 DAWSON Added to list of State depositories 54 DEFAULTING TAX COLLECTORS Executions against surety and principal 52 DEFICIENCY APPROPRIATION ACT For years 1889 and 1890 7 DISCOVERY To require through officers of corporations 87 DOOLY COUNTY Transferred to Southwestern Circuit 94 DOOR KEEPERS Appropriation for 9 Prohibited from hiring substitutes 173 DUMMY RAILROADS To pay taxes 36 E. EDUCATION Taxes forAct amended 33 Consolidating common school laws 122 Admitting females to branch colleges 123 Revising common school laws 124 EGRESS Precautions against fire 168 ELECTRIC RAILROADS To pay taxes 36 EMANUEL COUNTY Changing fall term Superior Court 93 EMPLOYERS Required to supply seats for females 167 EQUITY Disposition of suits at first term 111 ESCAPES From penitentiary declared negligent 149

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ESTATES Guardians allowed to sell for re-investment 156 EXAMINER OF STATE BANKS Office established 65 EXECUTIVE MANSION Appropriation for fuel 9 EXECUTIONS For taxes to bear interest 31 Bond required for stay of 88 EXECUTORS Punishment for defrauding an estate 109 EXPERIMENT STATION Act establishing amended 172 EXPERIMENTAL FARM Act establishing amended 172 F. FALSE BILLING By common carriers prohibited 134 FARMERS INSTITUTES Establishing 166 FEES Clerks' fees made certain 104 To General Robert Toombs' estateappropriation for. 23 FEMALES Employers of required to provide seats 167 FERRIES Penalty for not posting rates 52 FERTILIZERS Reducing Inspectors' fees 67 FIRST REGIMENT GEORGIA CAVALRY Act incorporating 126 FIRST TERM Disposition of suits in equity 111 FLOUR Dealers required to stamp or brand weight. 170 FOREIGN WILLS Probate of 190 G GALLERY KEEPERS Appropriation for 9 Prohibits hiring substitutes 173 GENERAL ASSEMBLY Appropriation for contingent expenses 8 GRAND JURY Presentmentspublication of 156 GUARDIANS Appointment of for [Illegible Text] 70

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Punishment for defrauding estates 109 Authorized to sell estates of wards for re-investment 156 GUARANTEE COMPANIES Can become security for State and county officers 178 GEOLOGIST Office of revived 18 GEORGIA NORMAL AND INDUSTRIAL COLLEGE Appropriation for 10 Board of Directors 10 Buildings and grounds appropriated 11 Local Board of Directors 12 GIFT ENTERPRISES Penalty for advertising, etc 187 H. HARDIN, M. A. Clerk of Houseappropriation for 9 HARALSON, F. L. Appropriation for 9 HOWARD, C. B. Commissioner to value W. A. R. R.appropriation for 22 I. INDIAN SPRINGS RESERVE Lease of 171 INDICTMENTS Against corporations 120 INEBRIATES Act repealed admitting to Lunatic Asylum 59 INJUNCTIONS To restrict boxing timber for turpentine, etc 183 INSANE PERSONS Competency of witnesses against 85 INSOLVENT FIRMS To procure creditor's bill for 74 INSOLVENT COSTS How paid to Justices and Constables 101 INSOLVENT DEBTORS Assignees of required to give bond 108 INSPECTION FEES Reduced on fertilizers 67 INSURANCE AGENTS How taxed 32 INTOXICATED PERSONS Prohibits sale of liquor to 140 J JAILORS Authority as to U. S. prisoners 47

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JOURNALS House and Senatenumber provided, etc. 181 JURORS Lists of grand and traverse 84 How drawn in certain cases 118 JUDICIARY Liens as against third parties 106 Assignees of failing firms required to give bond 108 Penalty for fraudulent Executor, Guardian, etc. 109 Amendment of affidavits to foreclose liens 110 Enforcement of equitable action at the first term 111 Time and mode of perfecting service by pulication 111 Supreme Court Judges authorized to appoint short-hand writers 112 Defining rights of landlords as to croppers 113 Prescribing manner of taking cases to the Supreme Court. 114 Fixing the venue of Justice Courts 116 Additional method of asserting liens of livery stable keepers 117 How jurors shall be drawn in certain cases 118 Reconveyance of title to property to secure a debt 118 Fixing on the dockets places of cases in which new trials are granted by Supreme Court 119 How briefs of evidence in motions for new trial shall be made 119 Process on indictments and presentments against corporations and mode of trying the same 120 JUSTICES How insolvent costs are paid 101 JUSTICE COURTS Fixing the venue of in cities 116 JUSTICES OF PEACE May appoint constables when 48 L LABOR Hours of regulated in factories 163 LANDS Timber and mineral interests to be returned for taxes 35 LANDLORDS Special liens for rent on crops 71 Defining rights of 113 LEASE Indian Springs Reserve authorized 171 Authorizing contracts for railroad equipment or rolling stock 188 LIBRARIAN Statesalary fixed, 153 Assistantsalary fixed 153 LICENSE Disabled soldiers not required to pay to peddle or auction 50 LIENS Special for rent on crops 71

Page 9

Amendments of affidavits to foreclose 110 Of livery stable keepers. 117 LINESBOUNDARY Between Georgia and Alabama to be run 21 LIQUORS Prohibits sale to intoxicated persons 140 LOTTERIES Penalty for printing or publishing 187 LUNATIC ASYLUM Special appropriations to 17 Trustees and officers 58 Act repealed admitting inebriates 59 To commit lunatic 70 Trustees authorized to appoint Marshal 162 Trustees authorized to discharge T. L. Marston 174 M MAIMED SOLDIERS Pensions to 40 MANUFACTURES County authorities prohibited from granting exemptions to 35 MANUFACTURING ESTABLISHMENTS Hours of labor regulated in 163 MARION COUNTY Act repealed providing for four weeks' court 95 MARSHAL LUNATIC ASYLUM Trustees authorized to appoint 162 MARSTON, THOMAS L. Discharge from Asylum authorized 174 MEAL Dealers required to stamp or brand weight 170 MECHANICAL STATISTICS How procured 53 MESSENGERS Prohibits hiring substitutes 173 MILITARY Incorporating First Regiment Georgia Cavalry 126 Prescribing complement men and officers of a company 127 Prescribing fatigue uniform 128 Enlistment of Volunteers 129 Organization, equipment, etc.appropriation for 24 MILLEDGEVILLE Added to list of State Depositories 54 MINERALS Interest in to be returned for taxes 35 MINUTES Two sets Superior Court minutes required where Judges set in bank 99

Page 10

MUNICIPAL CORPORATIONS Authorized to hold in trust funds to care for private cemetery lots 178 Councilmen and Aldermen ineligible to any other municipal office 181 N NAVIGATION Act repealed declaring head of Ocmulgee river 153 NEW TRIAL Application for 83 Fix with certainty on dockets places of cases granted new trial by Supreme Court 119 Motions forhow briefs of evidence shall be made 119 O OLD CAPITOL BUILDING In Atlantasale of authorized 155 OCMULGEE RIVER Head of navigationact repealed 153 ORDINARIES Prohibited from practicing law 46 Fees of 76 To dispose of business when disqualified 100 Powers and duties enlarged 102 Authorized to hire convicts 105 OVERCHARGES Requiring prompt settlements from railroads 136 OWNERS Rights of protected on vessels loading, etc. 165 Of buildings of more than two stories to provide more than one way of egress 168 OYSTERS Regulates the catching or taking, etc. 143 P PENSIONS To Confederate soldiers 40 PENITENTIARY Declaring escapes from negligent 149 PHARMACY Board of established 89 PORTER OF SENATE Appropriation for 9 POWERS, W. Com. to value W. A. R. R.appropriation for 22 PRACTICE OF LAW Authorizes judges to admit graduates of law schools to the bar 98 Ordinaries prohibited in certain cases 46 PRESENTMENTS Provides for publication of 156

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PRINTING FUND Appropriation for 9 PROCESS On indictments and special presentments 120 PUBLICATION Mode of perfecting service by 111 Of Grand Jury presentments 156 PUBLIC BUILDINGS Appropriation for repairs 9 PUBLIC BRIDGES Building or repairing 49 PUBLIC DEBT To meet debt due in October, 1890 150 PUBLIC HOLIDAY January 19Lee's birthday 72 PUBLIC SCHOOLS Taxes for 33 PURCHASE MONEY Issuance of attachments for 75 R RAILROADS Counties authorized to tax 29 To pay tax for hauling sleeping cars 34 Street railroads to pay taxes 36 Required to pay State taxes by October 1 130 Regulation of freight and passenger tariffs 131 Regulation of freight and passenger tariffs 133 Regulation of freight and passenger tariffs 138 Required to make prompt settlement of overcharges 136 To perfect service on in certain cases 137 Required to build farm-crossings and cattle-guards 158 RAILROAD COMMISSION Appropriation for 8 RAILROAD EQUIPMENT Authorizing contracts for conditional sale of 188 REESE, W. M. Commissioner to value W. A. R. R.pay appropriated 22 REPAIRS OF PUBLIC BUILDINGS Appropriation for 9 REVIVER OF CORPORATIONS Provides for 182 ROSTERCONFEDERATE Appropriation to complete 25 ROCKDALE COUNTY Superior Court term changed 98 S SCHOOLS Tax rate for amended 33

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SCHOOL LAWS Revised and consolidated 122 Revised and consolidated 124 SECURITY Guarantee companies authorized to become 178 SERGEANT-AT-ARMS Richmond terminal investigationappropriation for 9 SERVICE Perfecting by publication 111 How perfected on railroads in certain cases 137 SEWING MACHINE COMPANIES And agentshow taxed 27 SINKING FUND To pay bonds 16 SLEEPING CARS Railroads to pay taxes for 34 SOLDIERS Pensions to 40 Disabledmay peddle or auction, etc 50 SPECIAL APPROPRIATIONS Academy for the Blind 16 Lunatic Asylum 17 Executors of General Toombs 23 J. P. Austin, Confederate soldier 26 SPECIAL PRESENTMENTS Process on 120 STATISTICS Agricultural and mechanical 53 STATISTICAL RETURNS To provide book for Tax Receivers 62 STATE DEPOSITORIES Authorized to deposit bonds in lieu, etc 177 Cities added to list 54 STATE GEOLOGIST Office of re-established 18 STATE LIBRARIAN Appropriation for 10 STAY OF EXECUTIONS Bond required. 88 STENOGRAPHER SUPREME COURT Appropriation for 9 STOCK LAW Qualification of voters to secure 60 SUPERIOR COURT Changing Fall Term of Emanuel Superior Court 93 Transferring Dooly county to the Southwestern Circuit 94 Changing Terms Telfair Superior Court 94 Repealing Act providing two weeks Marion Superior Court 95 Changing time of Spring Term of Crawford Superior Court. 95

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Changing time of holding Superior Court of Colquitt county 96 Changing Spring Term of Troupe Superior Court 96 Providing for four weeks' term of Carroll Superior Court 97 Changing time of holding Superior Court of Bibb county 97 Authorizing Judges of Superior Courts to admit graduates of law schools of this State to the Bar 98 Changing time of holding Superior Court in Butts and Rockdale counties 98 Two sets of Minutes for Superior Courts where Judges preside in bank 99 Clerk required to keep record of charters. 103 Charters ratified and confirmed 160 SUPREME COURT Contingent expensesappropriation for 8 Stenographerappropriation for 9 Authorized to appoint two short-hand writers 112 Manner of taking cases to 114 SWORN WEIGHERS Weighers of produce, etc., sworn 68 T TARE Regulating on cotton 68 TAXES General Act of 1888 amended, Sewing machine companies 28 Authority to counties to tax railroads 29 Executions to bear interest 31 Insurance agentshow taxed 32 General Act of 1888 amendededucational purposes 33 Sleeping carsrailroads to pay 34 All timber and mineral interests to be returned 35 County authorities not allowed to exempt manufacturers, etc 35 Street railroads, etc., made to pay 36 Bond required for stay of executions 88 Railroads required to pay by October 1st 130 Executionsproceedings for stay of 88 Toll bridges exempted from 141 TAX COLLECTORS Defaulting 52 TAX RECEIVERS To procure agricultural and mechanical statistics 53 Blanks for statistical returns 62 TELEGRAPH LINES Encouraging construction of 141 Encouraging construction of 175 TELFAIR COUNTY Changing Terms Superior Court 94 TIMBER Injunction for restricting boxing for turpentine purposes 183

Page 14

TOLL BRIDGES Exempted from taxation 141 Penalty for not posting rates 52 TOOMBS, ROBERT Appropriation to executors of 23 TRANSFERS AND LIENS Takes effect as to third parties 106 TREASURER State Treasurer made examiner of banks 65 TREASURER'S OFFICE Appropriation for bond books 8 TRIALNEW Application for 83 TROUPE COUNTY Superior Court Term changed 96 TRUSTS Municipal officials authorized to receive for care of private cemeteries 178 TRUSTEES Punishment for defrauding an estate 109 Lunatic Asylum 58 TRUSTEES UNIVERSITY OF GEORGIA To control Georgia Normal and Industrial College 12 Appointment of and compensation 55 Appointment of 56 TURNPIKES Penalty for not posting rates 52 TURPENTINE BOXES Act amended prescribing time for cutting, etc. 150 U UNIFORM Fatigue for volunteers prescribed 128 UNIVERSITY OF GEORGIA Appropriation to repair buildings 10 Provides for appointment of Trustees 55 Provides for appointment of Trustees 56 White female students admitted to Branch Colleges 123 U. S. PRISONERS Authority of jailors in reference 47 V VALDOSTA Added to list of State Depositories 54 VOLUNTEER FORCES OrganizationAct amended 24 Enlistment required 129 Compliment of men and officers to form company 127 Fatigue uniform prescribed 128 VOTERS Qualification of to establish stock law 60

Page 15

W WARDS Estates of may be sold for re-investment 156 WATERWORKS Granting privileges to corporations or individuals constructing 184 WEIGHERS To be sworn 68 WEIGHT Dealers in flour and meal to brand, etc 170 WESTERN ATLANTIC RAILROAD Appropriation to Commissioners 22 WIDOWS OF CONFEDERATE SOLDIERS Constitutional amendment 39 WILLINGHAM, C. B Appropriation for 9 WILLS Foreignprobate of 190 WITNESSES Competency of in cases against insane or deceased persons 85 WRITS OF CERTIORARI How applied for 84

Page 17

INDEX TO CORPORATIONS. RAILROAD COMPANIES Augusta and West Florida Railway Company, incorporated 213 Augusta and Western Railroad Company, incorporated 250 Atlanta and Lithonia Railroad Company, incorporated 260 Atlanta and Alabama Coal and Iron Railroad Company, incorporated 307 Alabama, Georgia and Florida Railroad Company, incorporated 322 Albany and Cordele Railroad Company, incorporated 328 Atlantic and Northwestern Railroad Company, charter confirmed 367 Atlanta and Seaboard Railroad Company, incorporated 339 Albany, Florida and Northern Railway Company, incorporated 357 Abbeville and Waycross Railroad Company, incorporated 375 Albany and Bainbridge Railroad Company, charter amended 379 Alabama and Atlanta Railway Company, charter amended 412 Americus and Jacksonville Railroad Company, incorporated 417 Bainbridge, Cuthbert and Western, incorporated 197 Bainbridge and Northeastern Railroad Company, incorporated 318 Brunswick, Athens and Northwestern Railroad, incorporated 331 Bellton, Homer and Carnesville Railroad Company, incorporated 415 Collins Park and Belt Railroad Company, incorporated 211 Cumming and Warsaw Railroad Company, incorporated 217 Chattanooga Southern Railway Company, charter amended 231 Catoosa Railroad Company, incorporated 267 Calhoun and Fairmount Railroad Company, incorporated 395 Chattanooga and Gulf Railroad Company, incorporated 359 Covington and Cedar Shoals Railroad Company, incorporated 381 Chattanooga and National Park Railroad Company, incorporated 390 Catoosa Springs Company, charter amended 442 Darien Short Line Railroad Company, charter amended 223 Dahlonega and Dawsonville Railroad Company, incorporated 256 Dublin, Blackshear and Southern Railroad Company, incorporated 382 Eatonton and Machen Railroad Company, incorporated 227

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Eatonton and Machen Railroad Company, name changed 281 Empire and Dublin Railroad Company, incorporated 291 Fort Payne and Eastern Railroad Company, incorporated 208 Fairmount Valley Railroad Company, incorporated 314 Fairmount Valley Railroad Company, charter amended 384 Florida, Dawson and Northern Railroad Company, incorporated 445 Georgia and Tennesee Railroad Company, incorporated 236 Georgia Northern Railroad Company, incorporated 278 Georgia Southern and Florida Railroad Company, charter amended 303 Griffin, LaGrange and Western Railroad Company 369 Georgia, Tennessee and Illinois Railroad Company, incorporated 396 Georgia, Alabama and Carolina Railroad Company, incorporated 409 Hawkinsville and Florida Southern Railroad, incorporated 284 Hiawassee Railroad Company, incorporated 436 Jefferson Railroad Company, incorporated 402 Kansas City, Chattanooga and Port Royal Railroad Company, incorporated 287 Knoxville Extension, Dahlonega and Augusta Railroad Company, incorporated 304 Kingston, Walesca and Gainesville Railroad Company, incorporated 411 Lookout Mountain, Lula Lake and Gadsden Railroad Company, incorporated 405 Long Shoals and Rockland Railroad Company, charter amended 414 Midville, Swainsboro and Red Bluff Railroad Company, incorporated 224 Macon, LaGrange and Birmingham Railroad Company, charter amended 230 Melon Belt Railroad Company, incorporated 234 Marietta and North Georgia Railroad Company, charter amended 277 Marietta, Dahlonega and Northern Railroad Company, incorporated 300 Macon and Birmingham Railroad Company, charter amended 337 Macon and Birmingham Railroad Company, charter amended 380 Macon and Birmingham Railroad Company, charter amended 385 North and South Short Line Railway Company, charter amended 293 Ocean Pond and St. Mary's Short Line Railroad Company, incorporated 255 Ooostanaula and Coosawatee Railroad Company, incorporated 372 Rome, Subligna and Northern Railroad Company, incorporated 274 Rome Railroad Company, charter amended 282 South Bound Railroad Company, incorporated 248 Southwest Georgia Railway Company, incorporated 297

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South Eastern Railroad Company, incorporated 385 Stevenson, Sand Mountain and Dalton Railroad Company, incorporated 393 Smithonia, Lincolnton and Augusta Railroad Company, incorporated 421 Smithonia, Danielsville and Carnesville Railroad Company, incorporated 428 Savannah and Isle of Hope Railway Company, incorporated 439 Simmons Short Line Railroad Company, incorporated 443 Thomasville and Cordele Railroad Company, incorporated 343 Turtle River Railroad Company, incorporated 343 Union Railroad and Transfer Company, incorporated 220 Union Point and Elberton Short Line Railroad Company, incorporated 311 Valdosta and Ocean Pond Dummy Line Railroad Company, incorporated 448 Waycross Air Line Railroad Company, charter amended 247 Washington and Lincolnton Railroad Company, incorporated 270 Waco and Bowdon Railroad Company, charter amended 335 Western and Atlantic Railroad lessees authorized to construct side tracks 351 Woodville, Penfield and Oconee Valley Railroad Company, incorporated 351 Winterville and Pleasant Hill Railroad Company, name changed 355 Western and Atlantic Railroad, providing for lease of 362 STREET RAILROADS, DUMMY AND ELECTRIC LINES Albany Street Railroad Company, charter amended 672 Artesian City Railroad Company, incorporated 672 Athens Railway Company, incorporated 697 Augusta and Summerville Railroad Company, charter amended 700 Augusta Railway Company, incorporated 707 Bainbridge, Lake Douglass and Suburban Railroad Company, incorporated 694 Carrollton Street Railway Company, incorporated 690 Clarkesville Street Railroad Company, incorporated 692 Cartersville Street Railroad Company, incorporated 703 Enterprise Street Railroad Company of Savannah, incorporated 682 Ellijay Street Railway Company, incorporated 702 Fulton County Street Railroad Company, charter amended 678 Griffin Street Railroad Company, incorporated 665 Milledgeville and Asylum Dummy Railroad, right-of-way granted 667 Newnan Street Railroad Company, incorporated 705 Richmond County Belt Line Railroad Company, incorporated 668

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Rome Street Railroad Company, charter amended 696 Thomasville Street Railroad Company, charter amended 673 Thomasville and Suburban Railroad Company, incorporated 679 Valdosta Street Railroad Company, incorporated 684 Waycross Street Railroad Company, incorporated 686 Wynnton and Columbus Street Railroad Company, incorporated 674 BANKS, LOAN AND TRUST COMPANIES Atlanta Trust and Banking Company, charter amended 474 American Loan and Banking Company, incorporated 460 American Trust and Banking Company, incorporated 481 Atlanta Dime Savings Bank, incorporated 605 Albany Loan and Investment Company, incorporated 650 Brunswick Savings and Trust Company, incorporated 489 Brunswick State Bank, incorporated 522 Brooks' Alliance Banking Company, incorporated 541 Blakely, Bank of, incorporated 556 Baldwin County Building and Loan Association and Banking Company 572 Chatham Dime Savings Bank, incorporated 452 Citizens' Bank of Eastman, incorporated 507 Commercial Bank of Cedartown, incorporated 537 Camilla, Bank of, incorporated 564 Cotton Mills Bank of Newnan, incorporated 594 Dahlonega, Bank of, incorporated 576 Dawsonville, Bank of, incorporated 583 Empire Building, Loan and Trust Company, incorporated 644 Fort Gaines, Bank of, incorporated 485 Farmers' Banking Company of Spalding County, incorporated 528 Fulton Loan and Banking Company, incorporated 547 Farmers' Banking, Loan and Trust Company, of Jackson County, incorporated 614 Finance Banking Company of Atlanta, incorporated 660 Georgia Loan, Savings and Banking Company, incorporated 458 Georgia Security Investment Company, charter amended 474 Griffin, Savings Bank of, incorporated 530 Germania Savings Bank, incorporated 534 Georgia Banking and Trust Company, of Milledgeville, incorporated 569 Georgia Installment Banking Company, incorporated 580 Georgia Banking and Trust Company, incorporated 597

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Georgia Security and Banking Company, incorporated 612 Germania Loan and Banking Company, charter amended 657 Hartwell Loan and Savings Bank, charter amended 475 Hobbs and Tucker Banking Company, of Albany, incorporated 567 Home Loan and Banking Company, of Atlanta, incorporated 625 Laborers' Loan and Savings Bank 553 LaFayette, Bank of, incorporated 605 Merchants' Bank of Milledgeville, incorporated 470 Merchants' and Traders' Bank of Brunswick, incorporated 510 Merchants' Bank of Macon, charter amended 521 Macon Savings Bank, charter amended 561 Merchants' and Mechanics' Banking and Loan Company, charter amended 562 Metropolitan Savings and Loan Company, incorporated 631 Oglethorpe Savings and Trust Company, charter amended 457 Perry Loan and Savings Bank, incorporated 467 Planters' Loan and Banking Company, incorporated 478 Piedmont Loan and Banking Company, incorporated 497 People's Banking and Trust Company, of Atlanta, incorporated 588 People's Saving Bank of Rome, incorporated 609 Rome Banking and Trust Company, incorporated 602 South Georgia Bank of Waycross, incorporated 463 Southwest Exchange and Banking Company, incorporated 626 South Georgia Bank of Waycross, charter amended 576 Southern Loan and Banking Company, incorporated 592 Southern Mutual Banking and Trust Company, incorporated 621 Smithville, Bank of, incorporated 628 State Savings and Banking Company, incorporated 636 Sparta, Bank of, incorporated 640 Trenton, Bank of, incorporated 544 Toccoa Banking Company, incorporated 550 Traders' Bank of Atlanta, charter amended 575 Union Savings Bank and Trust Company, incorporated 501 Vienna, Bank of, incorporated 476 Whitfield, Bank of, Tunnell Hill, incorporated 653 INSURANCE COMPANIES Atlanta Mutual Insurance Company, charter amended 712 Carrollton Mutual Fire Insurance Company, incorporated 729

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Georgia Fidelity Insurance Company, incorporated 714 Georgia Equitable Insurance Company, incorporated 719 Georgia Commercial Insurance Company, incorporated 724 Georgia Mutual Live Stock Insurance Company, incorporated 733 Manufacturers Insurance Mutual Aid Society, charter amended 711 Peoples Mutual Protective Association of Rome, incorporated 731 Savannah Fire and Marine Insurance Company, charter amended 736 Underwriters' Mutual Insurance Company, charter amended 713 TELEGRAPH LINES Darien Short Line Railroad, granting right to construct line 738 Empire Mills Telegraph Company, incorporated 739 Savannah, Americus and Montgomery Railroad, right to construct 741 STEAMBOAT, CANAL AND NAVIGATION COMPANIES Altamaha and Sapelo River Canal Company, incorporated 742 Montezuma and Flint River Steamboat Company, incorporated 755 Satilla River Transportation Company, incorporated 745 Suwanee Canal Company, incorporated 750 Turtle River and Buffalo Swamp Canal Company, incorporated 744 American Inter-Ocean Canal Company, incorporated 1443 MISCELLANEOUS Cherokee Wesleyan Institute, charter amended 759 Southern Travelers' Association, incorporated 760 United Southern Israelites, Grand Lodge, incorporated 757

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INDEX TO LOCAL AND PRIVATE LAWS. A ADAIRSVILLE Charter amended 1325 ADEL Incorporated 865 ALBANY Charter amended 786 AMERICUS New charter for 961 ANTIOCH CHURCH Prohibits sale of liquors within three miles of 1366 ATHENS Authorized to have sidewalks 869 Charter amended 894 Municipal court authorized to impose fines 923 Charter amended 998 ATLANTA Charter amended 811 Charter amended 956 Charter amended 1000 Charter amended 1100 ATLANTA CITY COURT Adjusting claims of W. D. Ellis and H. C. Glenn 1153 ATLANTA GAS LIGHT COMPANY Charter amended 1398 AUGUSTA Charter amended 922 AUSTELL System of Public Schools for 1325

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B BAKER COUNTY Bond of Sheriff reduced 1104 BALDWIN COUNTY Stock Law for certain districts of 1257 Regulating Sale of Seed Cotton in 1387 BARNES, CAPT. J. M. For relief of 1414 BARNESVILLE Regulating sale of liquors 1368 BASS CHURCH Prohibits sale of liquors in vicinity of 1376 BRASWELL ACADEMY Prohibits sale of liquor within two miles of 1344 BETHBARA CHURCH Prohibits sale of liquor within three miles of 1372 BINION, EUGENE For relief of 1415 BIBB COUNTY Amending act creating Board of Commissioners 1124 Compensation for Clerk Superior Court in Woolfolk case 1140 Amending game law 1185 BLUE RIDGE CHURCH Prohibits sale of liquor in vicinity of 1372 BRUNSWICK Charter amended 1010 Charter amended 1084 BRUTON Incorporated 782 BRYAN COUNTY Creating Board County Commissioners 1122 Registration law for 1197 BUCHANAN New charter for 935 BUENA VISTA New charter ratified 822 BULLOCH COUNTY Game and Fish law for 1179 Registration law for 1200

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BURKE COUNTY Amending Act establishing Commissioners 1141 County Court Act amended 1168 Protection of game in 1173 BUTTS COUNTY Amending Act reducing compensation of county officers 1133 C CAIRO Charter amended 826 CAMILLA Charter amended 802 Public School Buildings for 1315 CAMPBELL COUNTY Amending County Commissioners' Act 1134 CANDLER CHURCH Prohibits sale of liquors in vicinity of 1382 CARROLL COUNTY Amending County Commissioners' Act 1121 Prohibiting sale of liquor near certain churches 1337 Prohibiting sale of liquor near certain churches 1364 CARROLLTON City Court abolished 1154 Amending Public School Laws 1320 CEDARTOWN New charter for 980 CHAPMAN. T. K. Authorized to maintain gates 1417 CHARLTON COUNTY Road Laws amended 1233 CHATTANOOGA VALLEY CHURCH Prohibits sale within three miles of 1353 CHATTAHOOCHEE COUNTY Stock Law for certain districts 1276 CHATTOOGA COUNTY Repealing Road Laws 1228 Amending Road Laws 1228 CHAUNCEY Charter amended 824

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CHRIST CHURCH, SAVANNAH Charter amended 1408 CLARKE COUNTY Provides for funding bonded debt 1139 Registration Law for 1219 CLAY COUNTY Act repealed relating to compensation of County Commissioners 1122 Stock Law for 749th district 1259 Stock Law for 431st district 1269 CLINCH COUNTY Board of Commissioners created 1104 Requiring Ordinary to have line defined 1138 COBB COUNTY Defining width of roads 1238 COFFEE COUNTY Board of Commissioners created 1145 Registration law for 1222 Time for cutting turpentine boxes extended 1410 COLUMBIA COUNTY Provides for payment insolvent cost, etc. 1116 COLUMBUS Defining boundaries of Rose Hill Annex 776 Disposition of M. G. R. R. bonds 779 Authority to make title to Gas Company 802 Act amended extending corporate limits 999 Corporate limits extended 1081 Solicitor of City Court 1158 COLEMAN Incorporated 873 COLQUITT Incorporated 777 Charter amended 867 COLQUITT COUNTY Amending Board Commissioners Act 1118 Game law for 1117 CONEY Incorporated 951 CONYERS Public school system for 1287

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COVE CHURCH Prohibits sale of liquors within five miles of 1355 COVINGTON Regulating storage of guano 871 COWEN ACADEMY Prohibits sale of liquors within three miles of 1342 CRAWFISH SPRINGS CHURCH Prohibits sale of liquors in vicinity of 1374 CUTHBERT System of public schools for 1327 D DADE COUNTY Amending road laws 1240 Prohibits sale of liquors near certain churches 1369 Prohibits sale of liquors near certain churches 1383 DALTON Charter amended 895 Charter amended 1082 DAWSON System of public schools for 1307 DECATUR Public school system for 1292 DECATUR COUNTY Prohibits sale of liquors near certain churches 1354 Prohibits sale of liquors near certain churches 1373 DEMOREST Incorporated 1088 DEKALB COUNTY Commutation tax for 1225 DESOTO Incorporated 944 DODGE COUNTY Prohibits sale of liquors within five miles of any church in 1340 DOOLY COUNTY Stock law for certain districts 1262 DUBLIN Authority to grant use of any street to any railroad 893

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DUPONT New charter for 1056 E EARLY COUNTY County Court Act amended 1160 EASTMAN Charter amended 823 Corporate limits extended 825 EBENEZER CHURCH Prohibits sale of liquor within three miles of 1362 EDUCATION Public school houses for Monticello 1282 Public school system for Forsyth 1284 Public school system for Conyers 1287 Public school system for Decatur 1292 Public school system for Perry 1293 Public school system for Fort Valley 1298 Public academy for Fairburn 1302 Public school system for Dawson 1303 Public academy for Louisville 1306 Public school system for Dawson 1307 Public academy for Lincolnton 1311 Public school system for Madison 1311 Public school buildings for Camilla 1315 Public school law of Quitman amended 1318 Public school system of Carrollton amended 1320 Public school system for Emanuel county 1321 Public school system for Social Circle 1322 Public school system for Austell 1325 Public school system for Cuthbert 1327 Public school system for Monroe county 1328 Public school system for Sparta 1329 Public school system for Montezuma 1330 ELBERTON Charter amended 960 ELLIJAY Charter amended 1078 ELLIS, W. D. Adjusting claim for insolvent cost, etc. 1153

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EMANUEL COUNTY Game law for 1184 Road laws amended 1236 To work Pendleton Creek 1239 Amending road laws 1244 Public school system for 1321 EMERSON Incorporated 976 F FAIRBURN Corporate limits extended 882 Public academy for 1302 FLOYD COUNTY City Court Act amended 1161 FLOYD RIFLES For the relief of 1416 FORSYTH Authority to issue bonds, etc. 1085 Public school system for 1284 FORSYTH COUNTY Board of Commissioners abolished 1108 Stock law for 785th district 1275 FORT VALLEY System of public schools for 1298 FOWLTOWN METHODIST CHURCH Prohibits sale of liquors within five miles of 1354 FRANKLIN COUNTY Drainage law for 1406 FULTON COUNTY County Commissioners, Act amended 1110 Stationary engineers, Act amended 1142 Registration law for 1192 G GAME LAWS For Richmond county amended 1171 Prohibits fishing in certain waters in Thomas county 1172 For Burke county 1173 Prohibits obstructing Pataula Creek 1175

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For Houston county 1176 For Screven county 1177 For Colquitt county 1177 For Montgomery county 1178 For Butts county 1179 For Telfair county 1180 Prohibits fishing in certain waters in Telfair and Montgomery counties 1180 Obstructing streams in Randolph county 1181 For Glynn county 1182 Hunting or fishing in Montgomery county 1183 For Oconee county 1183 For Emanuel county 1184 For Bibb county 1185 GATE CITY GAS LIGHT COMPANY Charter amended 1397 GORDON COUNTY Board of Commissioners, Act amended 1130 Prohibits sale of liquors near certain churches 1370 GLENN, HOWELL C. Adjusting claims for insolvent cost 1153 GLYNN COUNTY Game law for 1182 GREENSBORO Charter amended 893 GRIFFIN Charter amended 821 GROVE LEVEL CHURCH Prohibits sale of liquors within two miles of 1379 GUYTON Charter amended 1007 H HANLEY, ANDREW Grant by city of Savannah confirmed 828 HANCOCK COUNTY Board of Commissioners' Act amended 1114 Insolvent costs to certain officers 1148 Regulating sale of seed cotton in 1394

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HARRIS COUNTY Regulating sale of liquors 1341 Regulating sale of seed cotton 1387 HARRISONVILLE Incorporated 1053 HARMONY GROVE CHURCH Prohibits sale of liquors within three miles of 1361 HARTWELL Corporate limits extended 820 Charter amended 924 HAWKINSVILLE Charter amended 848 HEARD COUNTY Prohibits sale of liquors in 788th district 1350 HILTON Incorporated 884 HILLSBORO Incorporated 1093 HITCH, MILTON Invested with rights of adult 1415 HOLLY SPRINGS Prohibits sale of liquors within two miles of 1375 HOMER BAPTIST CHURCH Prohibits sale within three miles of 1352 HOUSTON COUNTY Game Law for 1176 I INDEPENDENCE CHURCH Prohibits sale of liquors within four miles of 1355 INDEPENDENT CONGREGATIONAL CHURCH Charter amended 1408 J JACKSON COUNTY Stock Law for 1278 JASPER COUNTY Registration law for 1206 Regulating sale of seed cotton 1389

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JEFFERSON Charter amended 839 JEFFERSON COUNTY Abolishing County Court 1157 JENKINSBURG Incorporated 876 JERUSALEM CHURCH Prohibits sale of liquors within two miles of 1341 JOHNSON COUNTY Amending road laws 1237 L LAFAYETTE Charter amended 1095 LAGRANGE Charter amended 810 LAURENS COUNTY Sale of liquor prohibited near certain churches 1360 Regulating sale of liquors in 1365 LAURENS HILL CHURCH Prohibits sale of liquors within three miles of 1363 LIBERTY CHAPEL Prohibits sale of liquors in vicinity of 1374 LIBERTY CHURCH Prohibits sale within two miles of 1370 LIBERTY COUNTY Board of Commissioners' Act amended 1135 Raising bond of Ordinary 1136 LINCOLNTON Academy for 1311 LITTLE RIVER CHURCH Prohibiting sale of liquors in vicinity of 1385 LIQUOR LAWS Prohibits sale near Pleasant View Church 1337 New Hope Church, in vicinity of 1337 Nails Creek Church, in vicinity of 1338 Ware county, liquor law amended 1339 Dodge county, liquor law for 1340 Mineral Bluff Academy, prohibits sale 1340

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Jerusalem Church, prohibits sale near 1341 Cowen Academy, prohibits sale near 1342 Mount Olivet Church, prohibits sale near 1342 Vineyard Creek Church, prohibits sale near 1343 Braswell Academy, prohibits sale near 1344 Harris county, regulating sale in 1344 Oglethorpe county, regulating sale in 1346 Midway Church, prohibits sale in vicinity of 1347 Union Church, prohibits sale in vicinity of 1348 Orchard Hill Church, prohibits sale in vicinity of 1348 Teaman Church, prohibits sale in vicinity of 1349 Heard county, prohibits sale in 788th district 1350 Wilkes county, regulating sale in 1350 Homer, prohibits sale in vicinity of 1352 Raytown, prohibits sale in vicinity of 1352 Walker county, prohibits sale in certain sections of 1353 Decatur county, prohibits sale in certain sections of 1354 Walker county, prohibits sale in certain sections of 1355 Independence Church, prohibits sale near 1355 Pope's Chapel, prohibits sale in vicinity of 1356 Moore's Grove Church, prohibits sale near 1357 Fork Broad River, prohibits sale near 1358 Midway Church, prohibits sale near 1358 Nazareth Church, prohibits sale near 1359 Laurens county, prohibits sale in vicinity of certain churches 1360 Bostick, prohibits sale in vicinity of 1361 Harmony Grove Church, sale prohibited 1361 Ebenezer Church, sale prohibited in vicinity of 1362 Laurens Hill Church, prohibits sale in vicinity of 1363 Polk county, sale prohibited in 1364 Carroll county, prohibits sale in vicinity of 1364 Laurens county, regulates the sale in 1365 Antioch Church, prohibits sale in vicinity of 1366 Logansville, regulating sale 1366 Smithville, law repealed 1367 Telfair county, regulating sale in 1368 Barnesville, regulating sale in 1368 Dade county, regulating sale in 1369 Liberty Church, prohibits sale in vicinity of 1370

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Gordon county, sale prohibited in vicinity of certain churches 1370 Sandy Springs Church, sale prohibited near 1371 Bethabara Church, sale prohibited in vicinity 1372 Blue Ridge Church, sale prohibited in vicinity of 1372 Decatur county, sale prohibited near certain churches 1373 Crawfish Springs Church, sale prohibited near 1374 Liberty Chapel, sale prohibited in vicinity of 1374 Holly Springs, sale prohibited in vicinity of 1375 Reinhardt Normal College, prohibits sale in vicinity of 1376 Bass' Church, prohibits sale near 1376 Monroe county, prohibits sale in 1377 Macedonia Church, prohibits sale in vicinity 1378 Temple Church, prohibits sale in vicinity of 1379 Grove Level Church, prohibits sale near 1379 Subligna, prohibits sale within three miles of 1380 Summerours Church, sale prohibited near 1381 Union Church, sale prohibited within three miles of 1381 Candler Church, prohibits sale in vicinity of 1382 Dade county, prohibits sale near certain churches 1383 Pleasant Valley Church, prohibits sale in vicinity of 1383 New Hope Church, prohibits sale in vicinity of 1384 Little River Church, prohibits sale in vicinity of 1385 LOGANSVILLE Regulating sale 1366 LOUISVILLE Board of Commissioners authorized to buy tract land 868 Public academy for 1306 LOVETT Incorporated 785 LUMBER CITY Incorporated 804 LUMPKIN Public school system for 1303 M MACEDONIA CHURCH Prohibits sale of liquor within three miles of 1378

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MACON Charter amended 841 Authority to park and pave streets 843 Charter amended 1052 McRAE Incorporated 790 MADISON System of public schools for 1311 MADISON COUNTY Prohibits sale of liquors near Fork Broad River 1358 McINTOSH COUNTY Registration law for 1202 MARIETTA Charter amended 975 MARION COUNTY Extending time allowing levy of 150 per cent. tax 1112 Provides for payment insolvent costs, etc. 1117 MAYSVILLE Charter amended 887 McDUFFIE COUNTY Compensation for managers and clerks of elections 1120 County Commissioners, Act amended 1125 County Court abolished 1152 MEIGS Incorporated 887 MERIWETHER COUNTY County Commissioners, Act amended 1107 Regulating sale of seed cotton 1392 METCALFE Incorporated 890 MIDWAY CHURCH, GWINNETT COUNTY Prohibits sale of liquor within one mile of 1358 MIDWAY CHURCH, SPALDING COUNTY Prohibits sale of liquors within three miles of 1347 MILLEDGEVILLE Charter amended 789 City Assessors authorized 852 Authority to issue bonds 933 Authority to Samuel Walker to construct water works 959

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MILLER COUNTY Board of Commissioners, Act amended 1126 MINERAL BLUFF Incorporated 836 MINERAL BLUFF ACADEMY Prohibits sale of liquors within three miles of 1340 MITCHELL COUNTY Registration law for 1215 MOBILE AND GIRARD RAILROAD Disposition of bonds owned by city of Columbus 779 Amends Act, disposing of, etc. 781 MONTICELLO Charter amended 896 Public school building for 1282 MONTGOMERY COUNTY Game law for 1178 Prohibits fishing in certain waters 1180 Prohibits hunting and fishing, etc. 1183 To work Pendleton Creek 1239 MONTEZUMA System of public schools for 1330 MOORE'S GROVE CHURCH Prohibits sale of liquors in vicinity of 1357 MONROE Charter amended 929 MONROE COUNTY System of public schools 1328 Prohibits sale of liquors 1377 Regulating sale of seed cotton 1393 MORELAND Charter amended 883 MORGAN, SAMUEL For relief of 1413 MOUNT OLIVET CHURCH Prohibits sale of liquors within three miles of 1343 MUSCOGEE COUNTY Regulating sale of seed cotton 1391

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N NAILS CREEK CHURCH Prohibits sale of liquors within three miles of 1338 NEW HOPE CHURCH Prohibits sale of liquors within three miles of 1337 Regulating sale of liquors in vicinity of 1384 NEWNAN Corporate limits extended 1009 City Court, Act amended 1163 NEWTON COUNTY Authorizing building new court house 1113 NORCROSS New charter for 1047 O OCONEE COUNTY Game law for 1183 OGLETHORPE COUNTY Sale of liquors regulated 1346 ORCHARD HILL CHURCH Sale of liquors within three miles of prohibited 1348 OXFORD Office of Recorder created 1009 South boundary defined 1102 P PARROTT Incorporated 834 PASS, A. W. Authority to erect gates, etc. 1417 PATAULA CREEK Prohibits fish traps and other obstructions 1175 PERRY Public school system for 1295 PIERCE COUNTY Registration law for 1189 PLEASANT VALLEY CHURCH, TALBOT COUNTY Prohibits sale of liquors within three mlles of 1361 PLEASANT VALLEY CHURCH, MURRAY COUNTY Prohibits sale of liquors in vicinity of 1383

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PLEASANT VIEW CHURCH Prohibits sale of liquors within three miles of 1337 POLK COUNTY Registration law for 1212 Prohibits sale of liquors 1363 POPE'S CHAPEL Prohibits sale of liquors within four miles of 1356 PORTER MILLS Incorporated 1086 PROHIBITING SALE OF LIQUORS (See liquor laws.) PUBLIC SCHOOL SYSTEMS (See education.) PULASKI COUNTY Board of Commissioners' Act amended 1147 Registration law for 1209 Regulating sale of seed cotton in 1393 PUTNAM COUNTY Judge of County Court prohibited from practicing law 1162 Q QUITMAN COUNTY Stock law for certain districts 1255 Amends public school law 1318 R RANDOLPH COUNTY Prohibits obstruction of streams 1181 Stock law for 777th district 1265 Stock law for 998th district 1273 Stock law for 1334th district 1274 Stock law for 934th district 1275 RAYTOWN Liquor law for 1352 REGISTRATION LAWS For Pierce county 1189 For Fulton county 1192 For Warren county 1195 For Bryan county 1197 For Bulloch county 1200

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For McIntosh county 1202 For Taliaferro county 1204 For Jasper county 1206 For Pulaski county 1209 For Polk county 1212 For Mitchell county 1215 For Wilkinson county 1217 For Clarke county 1219 For Warren county amended 1221 For Coffee county 1222 RELIEF LAWS For relief Samuel Morgan 1413 For relief Capt. J. M. Barnes 1414 For relief Eugene Binion 1415 For relief Floyd Rifles 1416 REINHARDT NORMAL COLLEGE Prohibits sale of liquors within three miles of 1376 RICHLAND Incorporated 849 RICHMOND COUNTY Board of Assessors abolished 1150 Game law amended 1171 Regulating sale of seed cotton 1395 ROADS AND BRIDGES Commutation tax for DeKalb county 1225 Road laws of Chattooga county repealed 1228 Amends road laws of Chattooga county 1228 Amends road laws of Charlton county 1233 Emanuel county, road laws amended 1236 Johnson county, road laws amended 1237 Cobb county, width of roads defined 1238 To work Pendleton Creek 1239 Dade county, road laws amended 1240 Emanuel county, road laws amended 1244 Walker county, commutation tax for 1251 ROCK SPRING ACADEMY Prohibits sale of liquor within three miles of 1355

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S SALE OF FARM PRODUCTS Regulating sale of seed cotton in Baldwin and Harris counties 1387 Washington county, regulating sale of seed cotton 1388 Regulating sale of seed cotton in Crawford county 1389 Regulating sale of seed cotton in Jasper county 1389 Regulating sale in Spalding county 1390 Regulating sale of seed cotton in Muscogee county 1391 Regulating sale of seed cotton in Spalding county 1391 Regulating sale of seed cotton in Meriwether county 1392 Regulating sale of seed cotton in Pulaski county 1393 Regulating sale of seed cotton in Monroe county 1393 Regulating sale of seed cotton in Hancock county 1394 Regulating sale of seed cotton in Richmond county 1395 SANDY SPRINGS CHURCH Incorporated 1065 Prohibits sale of liquors in vicinity of 1371 SAVANNAH Grant to Volunteer Guards confirmed 784 Grant to Andrew Hanley confirmed 828 Authority to establish harbor lines 878 Re-districting city of 1095 Number of voting places increased 1137 City Court Act amended 1157 SAVANNAH VOLUNTEER GUARDS Provides for sale of The Arsenal to 1399 Amends above Act 1403 SCHLEY COUNTY Stock law for 961st district 1261 Stock law for 785th district 1269 SCREVEN COUNTY Time for holding Court of Ordinary 1126 Commissioners, Act amended 1149 County Court established 1154 Game law for 1177 SECOND PRESBYTERIAN CHURCH, COLUMBUS Authorizing trustees to sell certain property 1402 SEED COTTON (See regulating sale farm products.)

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SHADY DALE Incorporated 1050 SHELLMAN Corporate limits reduced 836 SMITHVILLE Liquor law repealed 1367 SOCIAL CIRCLE System of public schools for 1322 SOUTH ROME Charter repealed 879 SPALDING COUNTY Regulating sale of farm products 1390 Regulating sale of seed cotton 1391 SPARTA Corporate limits defined 1100 System of public schools for 1329 ST. MARY'S INSTITUTE Prohibits sale of liquor within three miles of 1353 STATESBORO New charter for 797 STEWART COUNTY County Commissioners, Act amended 1116 Transfer of misdemeanor cases to County Court 1156 STILLMORE Incorporated 1079 STOCK LAWS Quitman county, certain districts in 1255 Baldwin county, certain districts in 1257 Clay county, 749th district 1259 Schley county, 961st district 1261 Dooly county, certain districts in 1262 Randolph county, 777th district 1265 Clay county, 431st district 1267 Schley county, 785th district 1269 For Sumter county 1269 Thomas county, for certain portions of 1270 Randolph county, 998th district 1273 Randolph county, 1334th district 1274 Randolph county, 934th district 1275

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Forsyth county, 785th district 1275 Chattahoochee county, certain districts in 1276 Terrell county, 941st district 1278 For Jackson county 1278 SUBLIGNA Prohibits sale of liquors within three miles of 1380 SUMMEROURS CHURCH Sale of liquors in vicinity of prohibited 1381 SUMMERVILLE Charter amended 1097 SUMTER COUNTY Act repealed fixing Treasurer's salary 1118 Stock law for 1269 SYSTEM OF PUBLIC SCHOOLS (See education.) T TALIAFERRO COUNTY Registration law for 1204 TALLULAH FALLS New charter for 1003 TEAMAN CHURCH Prohibits sale of liquors within three miles of 1349 TELFAIR COUNTY Creating Board of Commissioners 1127 Game law for 1180 Regulating sale of liquors 1368 TEMPLE CHURCH Prohibits sale of liquors within four miles of 1379 TERRELL COUNTY Authorizing Commissioners to order election, etc. 1131 Stock law for 941st district 1278 THE ARSENAL Provides for sale of to Savannah Volunteer Guards 1399 Act amended providing for sale, etc. 1403 THOMAS COUNTY County Commissioners, Act amended 1109 Prohibits fishing in Linton Lake or Shelton Pond 1172 Stock law for certain districts 1270

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THOMASVILLE New charter 854 THOMSON Charter amended 767 U UNION CHURCH, MURRAY COUNTY Prohibits sale of liquors within three miles of 1381 UNION CHURCH, SPALDING COUNTY Prohibits sale of liquors within three miles of 1348 V VALDOSTA Charter amended 1001 VINEYARD CREEK CHURCH Prohibits sale of liquors within three miles of 1343 W WALESCA Incorporated 1066 WALKER COUNTY Commutation tax for 1251 WALKER, SAMUEL Authorized to construct water works 959 WARE COUNTY Requiring Ordinary to have line defined 1138 WARREN COUNTY Registration law for 1195 Registration law amended 1221 WARESBORO Corporation line changed 960 WASHINGTON COUNTY Regulating sale of seed cotton 1389 WAYCROSS System of sewerage 829 New charter for 897 WAYNE COUNTY Office of County Solicitor created 1163 Liquor law amended 1339 WESLEY CHAPEL Name changed 1409 WEST END Charter amended 910 WHELCHEL, D. Authorized to maintain gates, etc. 1417

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WILKES COUNTY Regulating sale of liquors 1350 WILKINSON COUNTY Registration law for 1217 WILLACOOCHEE Incorporated 1006 INDEX TO RESOLUTIONS. In recognition of the services of the Capitol Commission 1422 For the relief of the Equitable Life Assurance Society 1423 Recommending establishment of branch Mint at Dahlonega or Gainesville 1423 Authorizing payment of balance of State School Commissioner's salary, 1887 1424 Compensation of Senate and House Chaplains 1424 For relief of sureties of Henry Cook 1425 Authorizing Governor to tender use of Hall of Representatives to Confederate Veterans' Association 1426 Authorizing purchase of 400 copies Van Epps' Digest 1426 For relief of Baldy Ryalls 1427 Authorizing payment of salary to widow of Louis Arnheim 1428 For payment of mileage for adjourned session 1428 Authorizing payment to widow of Needham Dean, disabled Confederate veteran 1429 To procure survey of the coast 1429 Authorizing Governor to appoint Oyster Commission 1430 Tendering use of old Capi ol to Confederate Survivors' Association 1430 Authorizing Jackson T. Taylor to make index for Journals 1431 For relief of sureties of J. M. Wilson 1431 To secure repeal of law imposing tax of ten per cent. on State banks 1432 Urging reduction of postage on field and garden seeds 1432 Authorizing Governor to sell furniture in old Capitol 1433 Authorizing withdrawal of suit against H. J. Lamar 1433 Reducing appropriation to Lunatic Asylum 1434 Disposition of per diem of Hon. W. M. Collins, deceased 1434 Authorizing payment to H. M. Beutell 1435 Disposition of surplus fund for furnishing new Capitol 1435 Authorizing payment of salary to widow of K. L. Boone 1436 Military equipments 1436 Obstructions in the Savannah River 1437 Treasurer's report shall not include worthless assets 1439 TREASURER'S STATEMENT. Treasurer's Statement 1448