Acts and resolutions of the General Assembly of the state of Georgia, 1890-'91 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA: GEO. W. HARRISON, STATE PRINTER 18900000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE State of Georgia, 1890-'91. 18900000 18910000 Volume I. COMPILED AND PUBLISHED BY AUTHORITY ATLANTA, GEORGIA: GEO. W. HARRISON, STATE PRINTER. (Franklin Publishing House.) 1891.

GEO. W. HARRISON, STATE PRINTER, Atlanta, Ga.

TABLE OF TITLES FOR VOLUME I. PART I.PUBLIC LAWS. TITLE I.APPROPRIATIONS AND PUBLIC DEBT. TITLE II.TAXES. TITLE III.CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR, CITY AND COUNTY COURTS. TITLE VI.COUNTY OFFICERS. TITLE VII.JUDICIARY. TITLE VIII.EDUCATION. TITLE IX.LIQUORS, ROADS, OILS AND FERTILIZERS. TITLE X.RAILROAD COMMISSION, RAILROADS AND OTHER CORPORATIONS. TITLE XI.MISCELLANEOUS. PART II.CORPORATIONS. TITLE I.RAILROAD COMPANIES. TITLE II.STEAMBOAT, CANAL AND NAVIGATION COMPANIES, ETC. TITLE III.INSURANCE AND GUARANTY COMPANIES. PART III.PRIVATE LAWS. PART IV.RESOLUTIONS.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1890-'91. Volume I. Part I.Public Laws. TITLE I.APPROPRIATIONS AND PUBLIC DEBT. TITLE II.TAXES. TITLE III.CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR, CITY AND COUNTY COURTS. TITLE VI.COUNTY OFFICERS. TITLE VII.JUDICIARY. TITLE VIII.EDUCATION. TITLE IX.LIQUORS, ROADS, OILS AND FERTILIZERS. TITLE X.RAILROAD COMMISSION, RAILROADS AND OTHER CORPORATIONS. TITLE XI.MISCELLANEOUS.

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TITLE I . APPROPRIATIONS AND PUBLIC DEBT. ACTS. General Appropriation Act. Deficiency Appropriation Act. Amending General Appropriation Act. Supplementing Contingent Fund of 1890. For Deficiency in Revenues Technological School. To pay Expert Examiners of the Western and Atlantic Railroad. For Capitol Grounds. To pay Appraisers Western and Atlantic Railroad. For Deaf and Dumb Institute. For Western and Atlantic Railroad Commission. For County Maps for Secretary of State's Office. Reimbursing State Chemist for Certain Expenses. For Renovating Portraits and Placing Same in the Capitol. To pay Mrs. Branch, Administratrix, Sum not drawn by her Intestate for Artificial Arm. To pay Hon. Clifford Anderson for Services to the State. To pay Balance due S. R. Murphey, Inspector Fertilizers. Creating Sinking Fund to pay Certain Bonds. Amending Act Creating Sinking Fund. Authorizing Issue of Bonds to pay Debt Maturing in 1892

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GENERAL APPROPRIATION ACT. No. 137. An Act to make appropriations for the ordinary expenses of the Executive, Judicial and Legislative Departments of the Government, payment of public debt and the interest thereon, and for the support of the public institutions and educational interests of the State, for each of the fiscal years 1891 and 1892, 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 following sums of money be, and the same are, hereby appropriated on account of the Executive Department of the Government, for each of the fiscal years 1891 and 1892, to the persons and for the purposes, respectively, hereinafter mentioned and set forth. Executive Department. For salary of the Governor of the State, three thousand dollars. Governor. For salary of the Secretary of State, two thousand dollars. Secretary of State. For salary of the Treasurer of State, two thousand dollars. Treasurer. For salary of the Comptroller-General of State, two thousand dollars. Comptroller-General For salary of the Attorney-General of State, two thousand dollars. Attorney-General. For salary of the Commissioner of Agriculture, two thousand dollars. Commissioner of Agriculture. For salary of the Principal Keeper of the Penitentiary, two thousand dollars. Principal Keeper of Penitentiary. For salary of the Assistant Keeper of the Penitentiary, one thousand two hundred dollars. Assistant Keeper. For salary of the Principal Physician of the Penitentiary, two thousand dollars. Principal Physician of Penitentiary. For salary of the Railroad Commissioners (each), two thousand five hundred dollars. Railroad Commissioners. For salary of the Clerk of the Railroad Commission, one thousand five hundred dollars. Clerk Railroad Commission. For salary of the State School Commissioner, two thousand dollars. State School Commissioner. For salary of the State Librarian, one thousand eight hundred dollars. State Librarian. For salary of the Assistant Librarian, eight hundred dollars. Assistant. For salary of the Resident Physician of the Asylum, two thousand five hundred dollars. Asylum Physician.

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For salaries of Secretaries and Clerk of Executive office, six thousand dollars. Secretaries and Clerks Executive Department. For salary of Clerk of Secretary of State, one thousand dollars. Clerk Secretary of State. For salary of Clerk of Treasurer of State, one thousand six hundred dollars. Treasurer's Clerk. For salaries of Clerks in Comptroller-General's office, including the Insurance Department and Clerk in the Wild Land Office, four thousand dollars. Comptroller-General's Clerks. For salary of the Clerk of Commissioner of Agriculture, one thousand two hundred dollars. Commissioner of Agriculture's Clerk. For salary of the Clerk of State School Commissioner, one thousand two hundred dollars. Clerk State School Commissioner. SEC. II. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated on account of the Judicial Departments of the Government, for each of the fiscal years 1891 and 1892, to the persons and for the purposes hereinafter mentioned and set forth, viz.: Judicial Department. For salaries of Supreme Court Judges (each), three thousand dollars. Supreme Court Judges. For salaries of Superior Court Judges (each), two thousand dollars. Superior Court Judges. For salaries of Solicitors-General (each), two hundred and fifty dollars. Solicitors-General. For salaries of Supreme Court Reporters (each), two thousand dollars. Supreme Court Reporters. For salaries of Supreme Court Stenographers (each), one thousand five hundred dollars. Stenographers. For salary of Sheriff of Supreme Court, one thousand dollars. Sheriff. SEC. III. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the Legislative Department, for each of the fiscal years 1891 and 1892, to the persons and for the purposes hereinafter mentioned and set forth, viz.: Legislative Department. That for the compensation of the President of the Senate and Speaker of the House of Representatives there shall be appropriated the sum of seven dollars per diem (each), during the session of the General Assembly, and mileage at the rate of ten cents per mile, by the nearest practicable route in going to and returning from the capital. President Senate and Speaker House Representatives. For compensation of the members of the General Assembly four dollars per diem (each), and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the capital. Members General Assembly.

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For compensation of the Secretary of the Senate the sum of sixty dollars per diem , out of which he shall pay the entire clerical expenses of the Senate, as provided by the Act of October 8, 1879. Secretary Senate. For compensation of the Clerk of the House of Representatives the sum of seventy dollars per diem , out of which he shall pay the entire clerical expenses of the House of Representatives, as provided by the Act of October 8, 1879. Clerk House Representatives. For compensation of the Door-keeper of the Senate, Door-keeper of the House of Representatives, Messenger of the Senate and Messenger of the House of Representatives, each, four dollars per diem , and the same mileage allowed members of the General Assembly. Doorkeepers and Messengers For compensation of two Gallery-keepers for the Senate, and three for the House of Representatives, four dollars per diem , each. Gallery Keepers. For compensation of one Assistant Door-keeper of the Senate, and three Assistant Door-keepers of the House of Representatives, four dollars per diem , each. Assistant Doorkeepers. For compensation of the Chaplain of the Senate and of the House of Representatives, each, one hundred dollars for each session. Chaplains. For compensation of four Porters of Senate, and six Porters of the House of Representatives, two dollars per diem , each. Porters For compensation of four Pages of the Senate, and six Pages of the House of Representatives, two dollars per diem , each. Pages. For compensation of one Attendant of the Senate, and one Attendant of the House of Representatives, for services in keeping and cleaning the water-closets at the capitol during the session, one dollar and fifty cents, each, per diem , and for Judge Williams the sum of one dollar and fifty cents per day, as Porter. Attendants For compensation of the several Committee-men of the Senate and House of Representatives in visiting the various public institutions of the State, to be paid on an itemized statement furnished by the members of said committees, twenty-five dollars, each, to defray the entire expenses of each member for the whole service, or so much thereof as may be necessary. Committee Expenses. To pay the incidental expenses of the General Assembly, to be paid on an itemized account, presented to the Governor by the Secretary of the Senate and by the Clerk of the House of Representatives, seventy-five dollars, each, or so much thereof as may be necessary. Incidental Expenses General Assembly. To pay the bill for stationery furnished the General Assembly,

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seven hundred dollars and twenty-seven cents, or so much thereof as may be necessary. Stationery. SEC. IV. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the public institutions of the State, for each of the fiscal years 1891 and 1892, as follows: Public Institutions. For the support and maintenance of the Academy of the Blind, and for salaries of its officers, sixteen thousand dollars, or so much thereof as may be necessary. Academy for the Blind. For the support and maintenance of the Institute for the Deaf and Dumb, and pay of its officers, attaches, etc., seventeen thousand dollars, or so much thereof as may be necessary. Deaf and Dumb Asylum. For the support and maintenance of the Lunatic Asylum, one hundred and ninety thousand dollars, or so much thereof as may be necessary, to be expended only when directed by the Board of Trustees, and the Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of said Asylum; provided , that the Governor shall require of the Superintendent and resident Physician, an itemized statement, monthly, of all the expenditures, which statement shall be approved by a quorum of the Board of Trustees; and provided further , that no part of this appropriation shall be used for building purposes, repairs of buildings, or otherwise than the support of said Asylum. Lunatic Asylum. For State University at Athens, the sum of eight thousand dollars. State University. For State University, for the support and maintenance of the School of Technology, twenty-two thousand five hundred dollars; provided, however , that this appropriation shall not be available unless the Trustees make a rule prohibiting any county having more than six free scholarships in the school and providing a reasonable tuition fee for all in addition to that number. School of Technology. For State University, for the establishing and equipping the Georgia Normal and Industrial College, eleven thousand six hundred and sixty-six and two-thirds dollars, to be paid as provided by the Act of November 8, 1889. Normal and Industrial College. For the State University, for the support and maintenance of the Georgia Normal and Industrial College, six thousand dollars for year 1891, and eighteen thousand dollars for year 1892. For State University for support and maintenance of the Branch College at Dahlonega, three thousand dollars. Branch Colleges. Branch College at Milledgeville, two thousand dollars.

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Branch College at Thomasville, two thousand dollars. Branch College at Cuthbert, two thousand dollars. Branch College at Hamilton two thousand dollars. Provided , that none of said Branch Colleges, under any pretext whatever, whether as tuition, matriculation fee, incidental expenses or otherwise, shall charge exceeding the sum of ten dollars per year, or five dollars per term, for each pupil; provided further , that any of said Branch Colleges charging an amount in excess of amount above provided for shall forfeit the whole amount of the appropriation for the year in which said excess of charges shall be made, and the Governor shall withhold his warrant upon the Treasury for the same, but said appropriations shall be for the year 1891 only. For the University for Colored people, under the Act approved November 26, 1890, the sum of eight thousand dollars, to be drawn only in accordance with the conditions presented in said Act. University for Colored people. For the payment of the interest known as the Land Scrip Fund, and due the State University, six thousand three hundred and fourteen dollars and fourteen cents. Land Scrip Fund. For the support of the common schools, five hundred thousand dollars, and whatever funds may be in Treasury at the time of making the apportionment, as required by section 1271, Code 1882, which funds properly belong to the school fund as provided by laws now of force and enumerated in section 1272 of Code 1882. Should the returns of taxable property for the year 1891 and for the year 1892 prove to be greater than four hundred and fifteen million dollars, then, and in that case, the sums arising from the general tax levy upon said returns of taxable property in excess of four hundred and fifteen million dollars is hereby appropriated to the common school fund of the State, in addition to the five hundred thousand dollars by this Act, for the years 1891 and 1892, and in addition to the moneys appropriated by existing laws to the common school fund. For common schools. SEC. V. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated to pay the recognized valid debt of the State, as follows: Public Debt To pay the interest maturing in 1891, the sum of three hundred and eighty thousand six hundred and sixty dollars. Interest maturing in 1891. To pay the interest maturing in 1892, the sum of three hundred and eighty thousand six hundeed and sixty dollars. In 1892. To pay the bonds maturing in 1892, three hundred and seven thousand five hundred dollars, of which sum so appropriated

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shall be used the amount arising from the Sinking Fund to be collected in said years 1891 and 1892. Bonds maturing in 1892. SEC. VI. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for the following miscellaneous purposes necessary for the support of the State government for the years 1891 and 1892: Miscellaneous. For the Board of Pharmacy, two hundred dollars, this appropriation to be drawn upon warrant of the Governor by the recommendation of said board. Board of Pharmacy. For the Department of Agriculture the sum of ten thousand dollars, as provided by section 1465(f), Code 1882. Department of Agriculture. For salaries of Inspectors of Fertilizers, the sum of nine thousand dollars, said amount to be governed and apportioned by the Commissioner of Agriculture, and shall arise from the source now specified by law, as provided by section 1563(c), Code 1882; provided , that if the number of Inspectors is increased, they shall be paid out of the amount herein appropriated. Inspectors of Fertilizers. For salary of Chemist of Agricultural Department, the sum of three thousand dollars, as provided by section 1553(c), Code 1882. Chemist. For Geological Department, the sum of eight thousand dollars, as provided by Act of 1889. Geological Department. For Experiment Station, the sum of five thousand dollars, which sum shall be used for the support and maintenance of said Station, and the further sum of one thousand and five hundred dollars, which shall be used in paying the expenses of the Board of Trustees in visiting said Station, to be paid on an itemized statement, approved by the Chairman and presented to the Governor. Experiment Station. For the Contingent Fund, the sum of eighteen thousand dollars, or so much thereof as may be necessary. Contingent Fund. For the contingent expenses of Railroad Commission in paying incidental expenses of office, the hire of a porter, etc., the sum of eight hundred dollars, or so much thereof as may be necessary. Contingent Expenses Railroad Commission. For the contingent expenses of Supreme Court, in paying for the necessary printing, stationery, purchasing record-books, binding opinions of the court, hiring a porter, etc., the sum of one thousand and two hundred dollars, or so much thereof as may be necessary. Contingent Expenses Supreme Court. For the Printing Fund, the sum of twelve thousand dollars, or so much thereof as may be necessary. Printing Fund. For the printing fund of the Railroad Commission, the sum of one thousand dollars to pay for such printing and advertising as the Commissioners may deem necessary for

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the proper carrying on the business of said Commission, as directed by law. Printing Fund Railroad Commission. For repairs to the Public Buildings, to purchase coal, wood, gas and furniture for the Executive Mansion and the various departments of the State Government, to pay the hire of engineers, guards, servants at the Mansion, and a porter for each department of State, including the School Commissioner and Commissioner of Agriculture, and general incidental expenses, and such other laborers as may be necessary, the sum of sixteen thousand dollars, or so much thereof as may be necessary; of which sum two thousand dollars shall be paid to the Keeper of Public Buildings per annum as a salary; provided , there shall be an itemized account of the various matters upon which these payments are made, presented to the Governor before he issues his warrant therefor. Public Buildings, etc. Keeper Public Buildings. For expenses of officers of the Penitentiary in visiting and inspecting convict camps, as provided by section 4821(h) of Code 1882, the sum of one thousand dollars, or so much thereof as may be necessary. Expenses Inspection Convict Camps. For insurance of public property, as provided by the Act of 1883, the sum of five thousand dollars, or so much thereof as may be necessary. Insurance Public Property. For organizing, arming and equipping the volunteer forces of the State, as provided by the Act of 1889, the sum of twenty-five thousand dollars. Volunteer forces. For purchasing books, pamphlets, etc., for Law Library of the State, the sum of three thousand dollars, same to be paid from sale of Supreme Court Reports. State Library. For printing Supreme Court Reports, as provided by section 228, Code, the sum of nine thousand dollars. Printing Supreme Court Reports. For binding the Journal, as provided by Act of 1889, the sum of five hundred and fifty-six dollars and fifty cents. Binding Journal. To pay the salaries of the Trustees of the Lunatic Asylum and actual railroad fare going to and returning from Milledgeville, the sum of two thousand and five hundred dollars, as provided by Act 1889. Trustees Lunatic Asylum. To pay the Trustees of the State University, as provided by the Act of 1889, the sum of four dollars per diem for actual attendance at the meetings of the Board of Trustees, and mileage in actual fare to and from place of meeting. Trustees State University. To pay maimed and disabled Confederate soldiers, as provided by the Act of November 11th, 1889, the sum of one hundred and eighty-five thousand dollars, or so much thereof as may be necessary. Confederate soldiers. To pay the widows of such Confederate soldiers, as may have died in the service of the Confederate States or since

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from wounds received therein, or disease contracted in the service of such Confederate States, the sum of sixty thousand dollars, or so much thereof as may be necessary. Widows of Confederate soldiers. To pay the fees of Solicitors-General in criminal cases before the Supreme Court, such amounts as may be due under the fee bill, as provided by section 1646, Code. Fees Solicitors-General. To pay the Clerk of the Supreme Court his salary, if the costs in Supreme Court do not amount to the sum now allowed by law for compensation of said Clerk, an amount equal to the difference between the actual amount of costs and the amount due said Clerk as salary, which amount of difference shall be paid when certified by the Judges of the Supreme Court, as provided by section 225(a), Code 1882. Clerk Supreme Court. Salary. To pay the Clerk of the Supreme Court the costs due him in pauper criminal cases returned to the Supreme Court of this State, such a sum as shall be reported by said Clerk to the Governor, under the seal of said court, before receiving compensation therefor, as provided by Act 1857. Pauper Criminal Costs. To pay Chaplains and Committees visiting the various convict camps as requiring by Code 1882 ( addenda ), sections 4813(l) and 4813(o), the sum of two thousand dollars, or so much thereof as may be necessary. Chaplains and Committees visiting Convicts. To pay for engraving and printing the bonds (both coupon and registered bonds), advertising expenses, express charges necessary in floating the bonds, as required by the Act of 1889, the sum of five thousand nine hundred and thirty-nine dollars and twenty-seven cents. Engraving and printing bonds. SEC. VII. Be it enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, that when said appropriations are to be paid to persons, or for particular objects, same shall be paid from the funds arising from the sources now provided by law. From what funds appropriation paid. SEC. VIII. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act for salaries of the various State-house officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased, directly or indirectly, by payment of additional sums from the contingent or any other fund to such officers, their clerks or any person, by way of extra compensation or for extra services or extra assistance rendered to said officers, in any department of said government; and should such extra service or extra assistance become necessary to said officers, or in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various State-house officers and for the clerical expenses of said offices, nor shall any money be paid from

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any fund to any officer or person, as a salary or otherwise, unless the same is authorized by law and the money duly appropriated therefor. Extra compensation forbidden. SEC. IX. Be it further enacted by the authority aforesaid, That all accounts required to be itemized under this Act shall be duly supported by an affidavit. Accounts to be supported by affidavit. SEC. X. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. DEFICIENCY APPROPRIATION ACT. No. 559. An Act to make additional appropriations for the fiscal years 1891 and 1892, and to supply deficiencies in several appropriations for the support 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 authority of the same, That the following sums of money be, and they are, hereby appropriated to the objects and for the purposes herein stated, to wit: Paragraph 1. To pay the incidental expenses of this adjourned session of the General Assembly, 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 use of the House of Representatives, or so much thereof as may be necessary, to be paid on an itemized statement presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives. Incidental expenses Adjourned Session General Assembly. Paragraph 2.To pay for stationery furnished at this adjourned session of the General Assembly the sum of seven hundred and fifty dollars, or so much thereof as may be necessary. Stationery Adjourned Session. Paragraph 3.To pay M. A. Hardin, Clerk of the House of Representatives, 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 an abstract of all the business pending before the General Assembly at the time of adjournment, as per resolution of the General Assembly. Preparing and mailing Abstract of Business. SEC. II. Be it further enacted by authority of the same, That in addition to the amount appropriated for the printing

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fund of the Railroad Commission by the Act approved December 26, 1890, the sum of one thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated for the year 1891. Printing Fund Railroad Commission. SEC. III. Be it further enacted by authority of the same That in addition to the amount appropriated for the repairs of the public buildings by the Act approved December 26, 1890, the sum of eighteen hundred dollars, which sum was used from the fund appropriated by the Act of December 26, 1890, in pursuance of a resolution approved December 21, 1890, providing for repairs of Executive Mansion, etc. Repairs Public Buildings. SEC. IV. Be it further enacted by authority of the same, That in addition to the amount appropriated to pay the widows of Confederate soldiers by the Act approved December 26, 1890, the sum of three hundred and forty thousand dollars be, and the same is, hereby appropriated for each of the years 1891 and 1892, to pay the widows of such Confederate soldiers as may have died in the service of the Confederate States or since from wounds received therein, or from disease contracted in the service of such Confederate States. Widows Confederate soldiers SEC. V. Be it further enacted by the authority of the same, That the sum of ninety-nine thousand six hundred and forty-four and [unk] dollars be, and the same is, hereby appropriated to pay the award made by the Commissioners appointed by the Governor under a resolution to create a Commission to consider the claims between the lessees of the Western and Atlantic Railroad and the State of Georgia, approved December 22, 1890. Award to Lessees W. A. R. R. SEC. VI. Be it further enacted by the authority of the same, That the sum of six hundred and sixty-six dollars and sixty-six cents be appropriated for year 1891, and the sum of two thousand dollars for year 1892, to pay the salary of the Assistant Attorney-General, as provided by a resolution passed by this General Assembly and approved by the Governor. Assistant Attorney-General. SEC. VII. Be it further enacted by the authority of the same, That the sum of three hundred dollars be appropriated to pay the Public Printer for compiling and classifying the public laws, as provided by section 1040(g), Code 1882; and the sum of fifty dollars to Miss Kate Roberts for stenographic services before the Special Joint Committee on Freight Rates. Compiling and codifying Laws Miss Robert's stenographic services. SEC. VIII. Be it further enacted by the authority of the same, That for the purpose of purchasing fixtures, heating apparatus, lights, fuel and other necessary things for the Georgia Normal and Industrial College, the sum of seven thousand five hundred dollars, or so much thereof as may

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be necessary, be, and the same is, hereby appropriated for the year 1891, to be drawn by the Trustees of the University of Georgia for the purposes aforesaid. Normal and Industrial College for lights, etc. SEC. IX. Be it further enacted by the authority of the same, That the amounts appropriated by sections 4 and 5 of this Act shall not be paid by the Treasurer of this State until placed in funds from the taxes of the respective years for which said appropriations were made. When appropriation in sections 4 and 5 to be paid. SEC. X. 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 6, 1891. AMENDING GENERAL APPROPRIATION ACT AS TO COMMON SCHOOL FUND. No. 764. An Act to amend an Act entitled an Act to make appropriations for the ordinary expenses of the Executive, Judicial and Legislative Departments of the Government, payment of the public debt and the interest thereon, and for the support of the public institutions and educational interests of the State, for each of the fiscal years ending 1891 and 1892, and for other purposes, approved December 26, 1890. 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, provided , that should the taxable property exceed four hundred and forty-five millions, then the excess of tax arising on said excess over four hundred and forty-five millions shall be used for general purposes, so that said section, when amended, shall read as follows: For the support of the common schools, five hundred thousand dollars, and whatever funds may be in the Treasury at the time of making the apportionment, as required by section 1271, Code 1882, which funds properly belong to the school fund, as provided by laws now of force and enumerated in section 1272 of the Code of 1882. Should the returns of taxable property for the year 1891 and for the year 1892 prove to be greater than four hundred and fifteen million dollars, then and in that case the sums arising from the general tax levy upon said returns of taxable property, in excess of four hundred and fifteen million dollars, is hereby appropriated

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to the common school fund of the State, in addition to five hundred thousand dollars by this Act, for the years 1891 and 1892, and in addition to the moneys appropriated by existing laws to the common school fund; provided , that should the taxable property exceed four hundred and forty-five millions, then the excess of tax arising on said excess of property over four hundred and forty-five millions shall be used for general purposes. Property exceeding four hundred and forty-five million tax on, used for general purposes. SEC. II. Be it 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 October 21, 1891. SUPPLEMENTING CONTINGENT FUND OF 1890. No. 49. An Act to make an appropriation to supplement the Contingent Fund of 1890, to pay sundry accounts already due, and defray the expenses of the various departments until January, 1891. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That for the purpose of paying sundry accounts due by the State, and to defray the contingent expenses of the several departments for the remainder of the year 1890, the sum of two thousand dollars be, and the same is, hereby appropriated as a supplement to the contingent fund, to be paid out of any money in the Treasury not otherwise appropriated. Supplemental [Illegible Text] Fund for 1890. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December [Illegible Text], 1890. FOR DEFICIENCY IN REVENUES OF THE TECHNOLOGICAL SCHOOL. No. 38. An Act to appropriate money to the Trustees of the University of Georgia for the Technological School to supply a deficiency in the revenues of said school, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, That the sum of twelve thousand dollars, or so much

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thereof as may be necessary; be, and the same is, hereby appropriated to the Trustees of the University of Georgia, to be used and applied to the payment of the expenses of said Technological School for the time extending from July 1, 1889, to January 1, 1890, for which no appropriation has heretofore been made. Said sum hereby appropriated shall be drawn from the Treasury on the warrant of the Governor, after an itemized statement of the amount required to pay the expenses for the time herein stated, has been furnished him by the Treasurer of the Local Board of Trustees of said school. Expenses Technological School from July 1st, 1889, to January 1st, 1890. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 11, 1890. TO PAY EXPERT EXAMINERS OF THE WESTERN AND ATLANTIC RAILROAD. No. 39. An Act to appropriate money to pay account of Expert Examiners, appointed under an Act approved November 12, 1889, to lease the Western and Atlantic Railroad, to examine, make and file with the Governor a detailed report of the condition of said railroad. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of seven hundred and fifty dollars is hereby appropriated to pay to Eben Hillyer, John Screven and W. L. Clark two hundred and fifty dollars each for services rendered by them as required by section 10 of an Act to provide for the lease of the Western and Atlantic Railroad, etc., approved November 12, 1889, in examining and reporting in detail the condition of the road bed and its appurtenances. Pay of Expert Examiners W. A. R. R. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 11, 1890.

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FOR CAPITOL GROUNDS. No. 75. An Act to appropriate funds for laying off, fitting and preparing the grounds around the new Capitol building of this State, to provide the mode of expending the same. SECTION I. Be it enacted by the General Assembly of Georgia, that the sum of eighteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the funds in the Treasury of this State for the purpose of laying off, preparing and fitting the public grounds around the new Capitol building of this State, to be expended as hereinafter prescribed. Amount appropriated. SEC. II. Be it further enacted, That a Commission, consisting of the Governor, President of the Senate, Speaker of the House, the Treasurer, the Comptroller-General and the Commissioner of Agriculture, shall be, and they, or a majority of them, are hereby authorized to contract with the lowest responsible bidder, according to the plans and specifications of the Commission for the laying off, preparing and fitting the public grounds around said new Capitol building. Commission to contract for laying off, etc. SEC. III. Be it further enacted, That upon the proper voucher or orders, properly approved by said Commission, being presented the Governor, he is hereby authorized and empowered to draw warrant for said sum, in no case exceed separately, or in the aggregate, the amount herein appropriated, on the Treasurer of the State. Upon what authority warrant drawn. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 20, 1890. TO PAY APPRAISERS WESTERN AND ATLANTIC RAILROAD. No. 86. An Act to appropriate money to pay the Appraisers and their Clerk, appointed by the Governor, under section eight (8) of an Act of the General Assembly, approved November 12, 1889, to make an inventory and appraisement of the Western and Atlantic Railroad. SECTION I. Be it enacted by the General Assembly of Georgia, That the sum of six hundred dollars be, and the

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same is, hereby appropriated to pay E. A. Flewellen, Eben Hillyer, T. M. Peeples, Anthony Murphy and W. J. Houston, each, aggregating the sum of three thousand dollars, appraisers appointed by the Governor to examine the Western and Atlantic Railroad, its houses, work-shops, depots, rolling stock and all other appurtenances of every character; and make an inventory of the same, carefully describing the true condition of the road, its rolling stock and appurtenances, with the value thereof, as provided for in section eight (8) of an Act approved November 12, 1889. Amount appropriated. To whom. SEC. II. Be it enacted by the authority aforesaid, That the sum of four hundred dollars be, and the same is, hereby appropriated to pay John B. Baird for his services as Secretary of said board. For Secretary of Board. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 22, 1890. FOR DEAF AND DUMB INSTITUTE. No. 91. An Act to appropriate fifteen thousand dollars to the Georgia Institution for the Deaf and Dumb, to be used for the purpose of erecting and equipping a steam laundry, for heating the buildings by steam, for increasing capacity of the water-works, 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 sum of fifteen thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to the Georgia Institution for the Deaf and Dumb, to be expended by the Board of Trustees for the following purposes: For the erecting and equipping of a steam laundry; for the purchasing of necessary boilers and engines for steam heating the buildings, and for furnishing power for running dynamos, shop machinery and pumping water; for increasing capacity of water-works for fire protection; for purchasing hose, hose-carriage, fire-plugs, fire-escapes, and piping buildings; for finishing up rooms in new roof of the dormitory; for purchasing furniture for the same, and for the school-rooms and kitchen; for drainage; for

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repairing roof of building for colored pupils, and for work on grounds. Amount appropriated. For what purposes. SEC. II. Be it further enacted, That all laws militating against this Act be, and the same are, hereby repealed. Approved December 21, 1890. FOR WESTERN AND ATLANTIC RAILROAD COMMISSION. No. 270. An Act to appropriate money to pay the expenses of the Western and Atlantic Railroad Commission, and for other purposes. SECTION I. Be in enacted by the General Assembly of the State of Georgia, That the following sums of money are appropriated to meet the expenses of the Western and Atlantic Railroad Commission, to-wit: To Hons. N. J. Hammond, J. C. C. Black, G. Gunby Jordan, Walter B. Hill, C. D. McCutchen, George A. Mercer, Josiah L. Warren, D. G. Hughes, Commissioners, the sum of fifteen hundred dollars each; to Hon. Clifford Anderson, leading counsel for the State, the sum of fifteen hundred dollars; to Hons. John I. Hall and W. Y. Atkinson, associate counsel, the sum of one thousand dollars each; to J. Cooper Nisbet, Sergeant at Arms the sum of four hundred dollars; to H. L Parry, stenographer, the sum of twelve hundred and fifty dollars; to William Heard, porter, the sum of seventy-five dollars; to George P. Harrison and Company, special printing for said Commission, the sum of twenty-six and thirty-six one hundredths dollars; and the Governor is authorized to draw his warrant on the Treasury for said sums, or portions of said sums, as may now remain unpaid. Commissioners. State's Counsel. Sergeant at Arms. Stenographer and Porters. Special printing. Approved July 31, 1891. FOR COUNTY MAPS FOR SECRETARY OF STATES OFFICE. No. 307. An Act to appropriate the sum of five hundred dollars, or so much thereof as may be necessary, to supply County Maps, to replace those worn out, in the Secretary of State's Office, and in the different counties of the State. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That

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the sum of five hundred ($500.00) dollars be, and the same is, hereby appropriated, for the purpose of supplying new maps of the counties for the Secretary of State's office, to supply those worn out or lost, and to furnish copies of such maps, to the different county officers entitled thereto, and to secure maps of such counties as there are now none in the Secretary of State's office. The Governor is hereby authorized to draw his warrant on the Treasurer, in favor of the Secretary of State, for such portions of said sum as shall be certified to him, by the Secretary of the State, to be necessary to pay for the maps specified herein. Amount appropriated. How to be used. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1891. REIMBURSING STATE CHEMIST FOR CERTAIN EXPENSES. No. 450. An Act to reimburse the State Chemist for funds expended by him in making the analysis of fertilizers for the year 1890-91. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the sum of three thousand four hundred and seventy-one dollars and seventy-six cents ($3,471.76) is hereby appropriated for the purpose of reimbursing George F. Payne, State Chemist, for money expended by him in supplying materials, apparatus, and employing assistants in making the analysis of fertilizers for the year 1890-91, and the Governor is authorized to draw his warrant upon the Treasury for the said sum; provided , that said sum shall be paid out of money collected from the inspection of fertilizers. Amount appropriated. For what purpose. 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 16, 1891.

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FOR RENOVATING PORTRAITS AND PLACING SAME IN THE CAPITOL. No. 611. An Act to appropriate money for renovating the portraits of distinguished Georgians for placing the same in the Capitol. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of $500.00 (five hundred dollars), or so much thereof as may be necessary, be appropriated to pay for restoring, regilding, and when necessary furnish new frames, of the portraits, and to hang the same of the following distinguished men: 1. Geo. Washington, 9. Gov. Oglethorpe, 2. Benj. Franklin, 10. Gov. Cobb, 3. LaFayette, 11. Thos. Jefferson, 4. Andrew Jackson, 12. Gov. Stephens, 5. Prof. Long, 13. Gov. Johnson, 6. Gov. Troup, 14. Benj. Hill, 7. Gov. Clark, 15. Gov. Jackson, 8. Gov. Crawford, 16. Gov. Jenkins, all the property of this State, and that Treasurer Hardeman, Comptroller-General Wright and Commissioner Nesbitt be appointed a committee to contract for and have said work done, and receive and direct when the same shall be hung in the Capitol, and upon their report the Governor be instructed to draw his warrant on the State Treasurer for the payment of said sum. Amount appropriated. For what purposes. Commissioner to contract for work, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891.

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TO PAY MRS. BRANCH, ADMINISTRATRIX, SUM NOT DRAWN BY HER INTESTATE FOR ARTIFICIAL ARM. No. 650. An Act to appropriate one hundred dollars to Mrs. Elizabeth E. Branch, administratrix of William H. Branch, an ex-Confederate soldier of Greene county, for loss of an arm. WHEREAS, William H. Branch, an ex-Confederate soldier of Greene county, Georgia, was entitled to pay for the loss of an arm, for the year ending October 26, 1890, under the Act of the General Assembly approved October 24, 1887, but died before getting 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 William H. Branch for the loss of an arm, as provided in said Act of October 24, 1887, and the Governor is authorized to draw his warrant for said sum in favor of Mrs. Elizabeth E. Branch, administratrix of said William H. Branch, upon satisfactory proof to him from the Ordinary of Greene county, Georgia, that she is the administratrix of said William H. Branch, deceased, and that the said deceased has not drawn the pay due him for the year ending October 26, 1891. Amount appropriated. To whom and for what. To whom to be paid. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved October 14, 1891. TO PAY HON. CLIFFORD ANDERSON FOR SERVICES TO THE STATE. No. 757. An Act to make an appropriation to pay Honorable Clifford Anderson for services rendered to the State. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the sum of two thousand and fifty dollars be, and the same is, hereby appropriated to pay the Hon. Clifford Anderson for services rendered to this State as the legal adviser of the Governor and the various Departments of State during the sickness of the Attorney-General. To pay Hon. Clifford Anderson for service as legal adviser to Governor, etc. During what time.

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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 21, 1891. TO PAY BALANCE DUE S. R. MURPHY, INSPECTOR FERTILIZERS. No. 763. An Act to appropriate the sum of two hundred and six dollars and thirty-five cents to S. R. Murphy in payment of balance of salary due to him as Inspector of Fertilizers, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same, That the sum of two hundred and six dollars and thirty-five cents be, and the same is, hereby appropriated to S. R. Murphy, of Harris county, to pay the balance of salary due to him as Inspector of Fertilizers from October 1, 1889, to November 10, 1890, and the Governor is directod to issue his warrant on the State Treasurer for said sum, which shall be paid out of any moneys in the Treasury not otherwise appropriated arising from the inspection of fertilizers. Amount appropriated. For what. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved October 21, 1891. CREATING SINKING FUND TO PAY CERTAIN BONDS. No. 208. An Act to create a Sinking Fund to pay off and retire bonds of the State as they mature (in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877), by the levy and collection of a tax therefor, and for other purposes. SECTION I. Be it enacted by the General Assemby of the State of Georgia, and it is hereby enacted by the authority of the same, That the Governor is hereby authorized, with

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the assistance of the Comptroller-General, at the time of the assessment of the levy of taxes for the years one thousand eight hundred and ninety-one and one thousand eight hundred and ninety-two, to assess and levy a per centum on the taxable property of the State sufficient to raise one hundred thousand dollars, net, for each year, in addition to the amount required to pay the public expenses and interest on the public debt, which shall be a sinking fund to pay off and retire (as hereinafter provided) an equal amount of the valid bonds of this Sate, as they mature, and which shall be applied to no other purpose whatsoever; provided , that this tax shall not be estimated by any county authorities in assessing for county purposes the taxes thereof. Tax for. Amount. Purpose of. Proviso. SEC. II. Be it further enacted, That the tax authorized herein shall be specially levied and collected, and separate accounts of the same, shall be kept by the Treasurer, and the money arising therefrom shall be applied to the paying off and retiring the valid bonds of the State as aforesaid. How tax to be levied, collected and used. SEC. III. Be it further enacted, That the said amounts so raised in each of said years shall be applied to the payment of the same amount of the bonds of the State maturing in the year 1892; provided , that the Governor and Treasurer of the State, in case that the bonds of the State maturing in 1892 cannot be purchased at par, may loan the one hundred thousand dollars raised in 1891 until the maturity of the bonds to which it is to be applied, at such rate of interest, not less than four and one-half per cent., as they may be able to obtain; and in case said amount is so loaned, the interest accruing on said amount shall be paid with the principal on the bonds, to which it is applied as above stated; provided , that any applicant, negotiating said loan with the State, shall hypothecate and give as collateral security to said Treasurer any sufficient number of the valid bonds of the State as said Treasurer may deem ample and full security for the payment of said loan at the time it becomes due, but no bond or bonds so taken as collateral security shall receive as an advancement thereon any sums of money in excess of the par value of the same, and in the contract of loan it shall be expressed in the note of obligation or other writing setting forth the contract, a general or special power of the Governor and Treasurer to sell the same upon default, either at public or private sale, and the Governor and Treasurer shall have the right to purchase the same, and when so purchased said bond or bonds shall be held as vouchers, and the purchase of said bond or bonds shall be shown in full upon the books of said-Treasurer. To pay bonds maturing in 1892. Proviso as to loan of funds. Security if funds loaned, etc.

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SEC. IV. Be it further enacted, That all bonds paid or purchased under the provisions of this Act shall be cancelled and stamped with the words Sinking Fund by the Treasurer and filed in his office. Cancellation of bonds. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. AMENDING ACT CREATING SINKING FUND TO PAY BONDS. No. 629. An Act to amend an Act to create a sinking fund to pay off and retire bonds of the State as they mature (in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877), by the levy and collection of a tax 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 the amount so raised in each of said years shall be applied to the payment of the bonds of the State as they mature, as follows: The one hundred thousand raised in eighteen hundred and ninety-one shall be applied to the payment of the bonds maturing July 1, 1892, and the one hundred thousand raised in eighteen hundred and ninety-two shall be applied to the payment of the bonds of the State maturing the year 1896; provided , that the Governor and Treasurer of the State, in case that the bonds maturing in 1896 cannot be purchased at par, may loan the one hundred thousand dollars raised in 1892 until the maturity of the bonds to which it is to be applied, at such rate of interest, not less than four and one-half per centum , as they may be able to obtain, and in case said amount is so loaned, the interest accruing on said amount shall be paid with the principal on the bonds to which it is applied, as above stated; provided , that any applicant negotiating said loan with the State shall hypothecate and give as collateral security to said Treasurer any sufficient number of the valid bonds of the State as said Treasurer may deem ample and full security for the payment of said loan at the time it becomes due; but no bond or bonds so taken as collateral security shall receive as an advancement thereon any sums of money in excess of the par value of the same, and in the contract of loan it shall be expressed in the note of obligation or other writing setting

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forth the contract a general or special power of the Governor and Treasurer to sell the same upon default, either at public or private sale, and the Governor and Treasurer shall have the right to purchase the same, and when so purchased said bond or bonds shall be held as vouchers, and the purchase of said bond or bonds shall be shown in full upon the books of said Treasurer. How amount raised shal be applied. Provisions to loan of funds. Security for loan, etc. SEC. II. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved October 10, 1891. AUTHORIZING ISSUE OF BONDS TO PAY DEBT MATURING IN 1892. No. 607. An Act to authorize the Governor and Treasurer to issue bonds and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt maturing in the year 1892, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on or after the first of January, 1892, the Governor and Treasurer of this State be, and they are, hereby authorized and directed to issue negotiable bonds of the State of Georgia, in the amount of two hundred and seven thousand dollars, and to negotiate the same for the purpose of raising money to pay off that portion of the public debt falling due in the year 1892. Said bonds shall be of the denomination of one thousand dollars, and shall mature on the first day of January, 1922, and shall bear interest at a rate not exceeding four and one-half per centum per annum, said interest payable semi-annually on the first day of January and of July of each year from date of said bonds until maturity, and shall be payable, both principal and interest, at the office of the Treasurer of the State, in the city of Atlanta, Georgia, and also in the city of New York at such place as the Governor may elect. Said bonds shall be signed by the Governor, and countersigned by the Treasurer for said State 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; said bonds shall not be negotiated at a price less than par. By whom to be issued and negotiated. Amount. Purpose. Denomination. Maturity. Interest. How payable. Where. How signed Coupons.

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SEC. II. Be it further enacted by the authority of the same, That in order to facilitate the sale and negotiation of said bonds, the Governor and Treasurer may give notice by publication in two papers in the city of New York, one paper in each of the cities of Boston, Philadelphia, Baltimore, Cincinnati and Chicago, and in the daily press of Georgia, of their intention to issue said bonds, and invite bids for same, and the lowest rate of interest at which the bidder will take said bonds; Provided , nothing herein contained shall be held or construed to limit the Governor and Treasurer to this method of 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 sale, if in their judgment the best interest of the State shall demand such a course. Notice of issue. Bids. Proviso. SEC. III. Be it further enacted by the authority of the same, That the Governor and Treasurer are hereby authorized to issue registered bonds in lieu of any coupon bonds issued in pursuance of this Act to any person holding said coupon bonds and demanding registered bonds for same; said registered bonds shall be similar in all respects to the coupon bonds issued under this Act, except they shall not have coupons attached, but the interest on the same shall be paid by the Treasurer on the first day of January and of July by check or otherwise as he may deem for the best interest of the State, and on its behalf. Registered bonds. Said registered bonds shall be transferable on the books of the Treasurer of the State, by the owner thereof in person or by power of an attorney, the form of which shall be as follows: How transferred. For value received assign to the within registered bond of the State of Georgia, number....., of the denomination of..... and hereby authorized to transfer on the books of the Treasurer of the State of Georgia......, signature of assignor. Dated....., State of....., county of....., city or 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 acknowledge the same to be his or her free act or deed. Witness my hand and official signature this..... day of., Said power of attorney shall be executed in the presence of any Judge of the Court of Record of this State, a Justice of the Peace or Notary Public, when the power of attorney is executed in this State, and if executed out of the State then in presence of any Commissioner of Deeds for the State of

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Georgia, residing in the State of the assignor, or the Ordinary or Judge of the Probate Court or like officer of the county of the assignor. SEC. IV. Be it further enacted by the authority of the same, That all bonds, whether coupon or registered, issued under the provisions of this Act, shall be exempt from taxation by State, county, city or town authorities. Exempted from taxation. SEC. V. Be it further enacted by the authority of the same, That all laws and part of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891.

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TITLE II . TAXES. ACTS. General Tax Act. Amending General Tax Act, Increasing Tax Rate. Amending General Tax Act, Relieving Certain Liquor Dealers. Amending General Tax Act, Increasing Tax on Liquor Dealers and Relieving Certain Itinerant Doctors, etc. Amending General Tax Act, as to Peddlers of Merchandise. Tax Executions of Municipal Corporations, Interest on, Law Amended. Board of Equalization as to Taxable Property. Garnishments for Municipal Taxes. GENERAL TAX ACT. No. 131. 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 and widows of Confederates such amounts as are allowed them by law, for each of the fiscal years eighteen hundred and ninety-one and eighteen hundred and ninety-two, and to prescribe what persons, professions and property are liable to taxation; to prescribe the methods of receiving and collecting said taxes; to prescribe the method of ascertaining the property of this State subject to taxation; 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 the Governor be authorized and empowered, with the assistance of the Comptroller-General, to assess and levy a tax on taxable property of this State for

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the fiscal year of eighteen hundred and ninety-one, two and four-tenths mills, and for the fiscal year eighteen hundred and ninety-two, two and one-half mills, and the Governor be, and is hereby authorized and empowered, by and with the assistance of the Comptroller-General, to assess and levy, in addition to the foregoing general State tax, a tax of one and one-third mills for the year eighteen hundred and ninety-one, and a tax of one and one-third mills for the year eighteen hundred and ninety-two, on all the taxable property of this State, for the purpose of raising the 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. Rate of general tax Tax for educational purposes. SEC. II. Be it further enacted by the authority aforesaid, That in addition to the ad valorem tax on real and personal property, as required by the Constitution, and provided for in the preceding section, the following specific taxes shall be levied and collected for each of the said fiscal years, eighteen hundred and ninety-one and eighteen hundred and ninety-two. Specific taxes. First.Upon each and every male inhabitant of the State, between the ages of twenty-one and sixty years, on the first day of April, a poll tax of one dollar for each of the said years, in 1891 and 1892, which shall be for educational purposes in instructing children in the elementary branches of an English education only; provided , this tax shall not be demanded of blind persons, nor of crippled, maimed or disabled Confederate soldiers, relieved of such taxes under and by authority of an Act approved July 23, 1883. Poll. Exemptions. Second.Upon every practitioner of law, medicine or dentistry, presidents of each of the banks of the State, each agent or firm negotiating loans and charging therefor, the presidents of each of the railroad companies, presidents of each of the express, telegraph, telephone, electric light and gas companies doing business in this State, and in case the presidents of any such companies do not reside in this State, then in such case, upon the superintendent or general agent of such companies who may reside in this State, ten dollars, and no municipal corporation or county authorities shall levy any additional tax on said possessions, either as license fee or otherwise. Lawyers, doctors, dentists and presidents of certain corporations. If presidents of such corporations be non-residents. Municipal corporations for-bidden to tax professions. Third.Upon every daguerrean, ambrotype, photographic and similar artist, ten dollars in each county in which they may carry on business. Photographic and similar artists. Fourth.Upon every person carrying on business of auctioneer for pay or compensation, twenty-five dollars for each county in which they may carry on such business. Auctioneers.

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Fifth.Upon every keeper of a pool, billiard or bagatelle table kept for public use, whether in a saloon, barroom, hotel or other public place, twenty-five dollars for each table. Keepers of pool, billiard or bagatelle tables. Sixth.Upon every keeper of any other table, stand or place for the peformance of any game or play, and upon the keeper of any flying horses, or any other game or play (unless kept for exercise or amusement not prohibited by law), and not kept for gain, directly or indirectly, twenty-five dollars in each county. Keepers of others tables, games, etc. Seventh.Upon every keeper of a ten pin alley or alley of like character, kept for public play, and upon every keeper of a shooting gallery, twenty-five dollars for each place of business. Ten pin and other alleys. Shooting galleries Eighth.Upon every traveling vendor of patent or proprietary medicines, special nostrums, jewelry, paper, soap, or other articles of like character, twenty-five dollars in each county where they may offer such articles for sale. Peddlers. 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, one hundred dollars for each county in which they shall do business, and upon every traveling or special or general agent of life, fire, accident or other insurance company doing business in this State, fifty dollars, which said tax must be paid before said agent shall be authorized to act as an agent for any of their companies. Said tax shall be paid by said companies to the Comptroller-General, and shall be in addition to the license fee required of insurance companies by the 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, 1887, 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 assessments, life insurance companies or mutual aid societies. Local insurance agents. Agents of matrimonial and similar companies. Traveling, special or general insurance agents. Such taxes how paid. Licenses. Not required of agents of assessment or mutual aid societies. Tenth.Upon each emigrant, agent or employer or employee of such agent doing business in this State, the sum five hundred dollars for each county in which such business is conducted. Emigrant agents. Eleventh.Upon every traveling vendor using boats for the purpose of selling goods on the rivers or waters within the limits of this State, the sum of fifty dollars in each county where they may sell their wares, and said tax shall be a lien on the boat and its contents, without regard to the ownership thereof. Peddlers in boats. Such tax a lien.

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Twelfth.Upon all intinerant lightning rod dealers or agents, the sum of fifty dollars for each and every county in which they operate. Lightning rod dealers or agents. Thirteenth.Upon all shows and exhibitions (except such as histrionic, musical, operatic and elocutionary), including side-shows accompanying circus companies, fifty dollars in each and every city or town of five thousand inhabitants, forty dollars in cities or towns of four thousand and under five thousand inhabitants, and thirty dollars in towns of less than four thousand inhabitants. Said tax, so collected, shall be for educational purposes. Shows and exhibitions. FourteenthUpon every circus company, three hundred dollars each day it may exhibit in the State of Georgia. Said tax shall be for educational purposes. Circus companies. Fifteenth.Upon all dealers in spirituous or malt liquors, intoxicating bitters or brandy fruits or domestic wines, whether dealing in any or all thereof, fifty dollars for each place of business in each county where the same are sold; provided , this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell by wholesale spirits manufactured of apples, peaches, grapes, blackberries or other fruits grown on their own lands, when sold in quantities not less than five gallons; provided , that nothing in this Act shall be so construed as to levy a tax on dealers in domestic wines manufactured from grapes or berries purchased by or grown on lands owned, leased or rented by said dealer. Said tax shall be for educational purposes. Liquor dealers. Proviso. Dealers in domestic wines exempt. Sixteenth.Upon all dealers in pistols, toy pistols, shooting cartridges, dirks or Bowie-knives, one hundred dollars for each place of business in each county where the same are sold. Dealers in pistols and other weapons. Seventeenth.Upon every individual or firm, or his or their agents, engaged in the business of selling or buying through regularly organized stock and cotton exchanges or boards of trade, farm products, sugar, coffee, and salt and meat, railroad stock and bonds, and stocks and bonds of all kinds, not intended for bona fide sale and delivery, but for future delivery (commonly called futures), one thousand dollars each per annum for each county where such business is carried on; provided , that this tax shall not be demanded of any cotton warehouseman, dealer in cotton, or any provision broker who takes orders in the regular course of their trade only for the actual and bona fide delivery of cotton and other produce so ordered, and where, by the terms of the contract, it is not left to the option of the party so ordering,

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or the party taking such order, to avoid the delivery of the produce or products by paying the difference in the market price of such produce or products at the time of delivery; provided further , that such cotton warehouseman, dealer in actual cotton, or any provision broker, does not carry on the business of buying futures in connection with his or their other business, and upon every individual or firm, or his or their agents, engaged in a like business when they take orders on their own account and determine the loss or gain between them and their patrons by market reports received from any other source whatever, and whose business is generally denominated bucket shops, the sum of ten thousand dollars. Dealers in futures, etc. Provisos. Bucket Shops, Eighteenth.Upon every peddler of stoves or ranges for cooking purposes, the sum of one hundred dollars in every county in which such peddler may do business. Peddlers of stoves or ranges. Nineteenth.Upon every person or firm, for himself or agent for resident or non-resident owners, who holds or keeps for hire or sale any billiard, pool or other table of like character, fifty dollars for each county in which such person or firm does business. Dealers in billiard tables and tables of like character. Twentieth.Upon each peddler of clocks, one hundred dollars in every county of the State in which said peddler may do business. Clock peddlers. Twenty-first.Upon all itinerant doctors, dentists, opticians or specialists of any kind, doing business in this State, ten dollars for each county in which they may do business. Itinerant doctors, dentists, etc. Twenty-second.Upon all packing houses doing a cold storage business in this State, whether carried on by the owners thereof, or by their agents, five hundred dollars in each county where said business is carried on. Cold storage. Twenty-third.Upon all brewing companies, and upon each agent of non-resident brewing companies, two hundred dollars. Brewing companies and agents. Twenty-fourth.Upon each pawnbroker, fifty dollars for each place of business. Pawnbrokers. Twenty-fifth.Upon all mercantile and collecting agencies, commercial agencies, and all other agencies of like character, fifty dollars in every county where they have an established office. Commercial and collecting agencies, etc. SEC. III. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 1 and 2 of section 2 of this Act shall be returned to the Tax-Receiver in the county of the residence of the person liable to such tax, and shall by the Receiver of Tax Returns be entered upon his digest of taxable property, and that the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16,

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17, 18, 19, 20, 21, 22, 23, 24 and 25 of section 2 of this Act shall be returned and paid to the Tax-Collectors of the counties where such vocations are carried on. Returns of taxes provided for in pars. 1 and 2 of sec. 2. SEC. IV. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of section 2 of this Act shall be paid in full for the fiscal years for which they are levied to the Tax-Collectors of the counties where such vocations are carried on at the time of commencing to do the business specified in said paragraphs. Before any person taxed by paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of section 2 of this Act shall be authorized to carry on said business, they shall go before the Ordinary of the county in which they propose to do business and register their names, place of business, and at the same time pay their taxes to the Tax-Collector: and it shall be the duty of said Ordinary to immediately notify the Comptroller-General and the Tax-Collector. Any person failing to register with the Ordinary, or, having registered, fail to pay the tax, as herein required, shall be liable to indictment for a misdemeanor, and on conviction, shall be fined not less than double the tax, or be imprisoned as prescribed by section 4310 of the Code, or both, in the discretion of the court; one-half of said fine shall be applied to payment of the tax and the other to fund of fines and forfeitures for use of officers of court. Of taxes provided for in other paragraphs of section 2, except par. 9. To whom and when to be paid. Registration of business required. Failure to register or pay tax. SEC. V. Be it further enacted by the authority aforesaid, That all foreign and home insurance companies doing business in this State shall pay one per centum on all premiums, in money or otherwise, received by them; provided , this shall not include return premiums on cancelled policies; and, in addition to the tax imposed by this Act upon the gross receipts of such insurance companies, all such companies doing brokerage business in this State, such as discounting notes, bills, drafts or exchange, lending money or in any manner doing a business pertaining to banking or brokerage business, shall be taxed upon the capital so employed in the same manner and at the same rate as other moneyed capital in the hands of private individuals is taxed. Insurance companies on gross receipts. Proviso. On Insurance companies doing brokerage business. SEC. VI. Be it further enacted by the authority aforesaid, That the presidents of all building and loan associations and other associations of like character shall be required to return to the Tax-Receiver of the county where such associations are located, at its true market value, the stock of such associations owned by the stockholders thereof (upon which, as shown by the books of such associations, no advance has been made or money borrowed thereon by the individual

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stockholders therein), to be taxed as other moneyed capital in the hands of private individuals is taxed; provided , that no tax shall be required of real estate and building associations to be paid upon any portion of their capital which has been loaned or advanced to a shareholder upon real estate, upon which real estate tax is payable by said shareholder. Returns of building and loan and similar associations. Proviso. SEC. VII. Be it further enacted by the authority aforesaid, That the presidents of all manufacturing and other incorporated companies (or their agents), other than railroad, insurance, telegraph, telephone, express, sleeping and palace car companies, shall be required to return all their property whatever, of their respective companies, at its true market value to the Tax-Receiver of the county where the same is located, or where the principal business of each company is located, to be taxed for State and county purposes as other property in this State is taxed; save and except, that all canals or slackwater navigation companies shall make through their respective executive officers or stockholders in possession of the same returns to the Tax-Receiver of each county in which the same is located, or through which the same shall pass, in whole or in part, of the right of way, locks and dams, toll-houses, structure and all other real estate owned or used by the company, or the stockholders thereof; provided , this Act shall not make subject to taxation any property of canals or navigation companies which is not subject to taxation by the laws of the State as now existing. The president of every manufacturing company shall be required to answer under oath, in addition to those now provided by law, the following questions: 1st, What is the value of raw material on hand April 1st? 2d, What is the value of manufactured goods or articles on hand April 1st? 3d, What amount of money, bonds, notes, accounts and choses in action of every kind did you own on April 1st? 4th, What other property of every kind did your company own on April 1st? and such company shall be taxed upon its entire property so ascertained. Returns for corporations generally. Of canal or slackwater companies. Proviso. Oath of presidents of manufacturing companies. SEC. VIII. Be it further enacted, That all persons or companies, including railroad companies, doing an express or telegraph business, and charging the public therefor, in this State, shall pay two and a half per centum on their gross receipts, and all persons, or the superintendent or general agent of each telegraph or express company, or the president of each railroad company doing such business in this State, shall make a quarterly return, under oath, as follows: On the last day of March, June, September and December, in each year, to the Comptroller-General, showing a full

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account of their gross receipts during the quarter ending on such date; and said taxes herein levied upon such gross receipts as shown by said quarterly returns shall be paid by the respective persons or companies to the Comptroller-General at the same time of making such returns; the gross receipts herein named shall be construed to mean the full amount of all money received from business done within this State. If any person, superintendent, agent or president as the case may be, whose duty it is to make returns under this paragraph, shall fail to do so within thirty days after the time herein required, such person, superintendent, agent or president, shall be liable to indictment, and upon conviction shall be punished as prescribed in section 4310 of the Code of 1882. Tax on express and telegraph companies. Returns. Payment of taxes. Failure to make return. Second.That each telephone company shall pay a tax for each of the years 1891 and 1892, of one dollar for each telephone station or box with instruments complete, rented or used by their subscribers, and the superintendent or general manager of the company shall make returns under oath and payments to the Comptroller-General on the dates named in the first paragraph of this section. Telephone companies. Returns and payment of tax. Third.Each sleeping car company doing business in Georgia shall pay a tax of two and a half per cent. on gross receipts of said company received in the State of Georgia from sale of sleeping car tickets from a place to a place in said State of Georgia, and the superintendents or general manager shall make return, under oath, to the Comptroller-General, as provided in first paragraph of this section, and pay the taxes required by such returns at the time of making such quarterly statements. Sleeping car companies. Returns and payment of tax. SEC. IX. Be it further enacted, That every sewing machine company selling or dealing in sewing machines, by itself or its agents, in this State, and all wholesale and retail dealers in sewing machines selling machines manufactured by companies that have not paid the tax required herein, shall pay two hundred dollars for each fiscal year or fractional part thereof, to be paid to the Comptroller-General at the time of commencement of business, and 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, for each county in which said agent may do business for said company. 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

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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 pasted 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 machines 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. 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, 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. Sewing machine companies and dealers. Lists of agents to be furnished and tax paid to Comptroller-General Exemption Registry, etc. Dealers to pay for each manufacture. Machines liable to seizure and sale for tax. Penalty for violating this section Provisions not to apply to auctioneers, etc. SEC. X. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State, or of the United States and located within this State, but the shares of the stockholders of such bank or banking associations, whether resident or non-resident owners, shall be taxed in the county where such bank or banking associations are located, and not elsewhere, at their true and full market value, at the same rate provided in this Act for the taxation of moneyed capital in the hands of private individuals; provided , that nothing in this section contained shall be construed to relieve such banks or banking associations from the tax on property owned by them, as provided for in section 7 of this Act; provided further , that nothing herein contained shall be construed to levy any tax on real or personal property held or owned by any bank or banking association, the value of which is represented in the market value

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of its shares of stock, that each bank and banking association shall pay tax on its surplus and undivided profits. No tax on capital of banks. Shares of stockholders to be taxed. Provisos. Surplus and undivided profits. SEC. XI. Be it further enacted by the authority aforesaid, That the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General, as now provided by law for the taxation of the property, of the gross receipts or net income of such railroads, and shall pay to the Comptroller-General the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act, and the laws now of force relating to the tax on railroads; and on failure to make returns or refusal to pay tax, said companies shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required, upon failure of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such railroads, as provided in section 826(d) of the Code of 1882. Returns for railroad companies. Payment of tax. Failure to make return or pay tax. SEC. XII. Be it further enacted by the authority aforesaid, That the presidents or principal agents of all the incorporated companies herein mentioned, except such as are required to make returns to the Tax-Receiver of the counties, shall make returns to the Comptroller-General under the rules and regulations provided by law for such returns, and subject to the same penalties and modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Returns for all corporations, with certain exceptions, to be made to Comptroller-General General rules applicable. SEC. XIII. Be it further enacted by the authority aforesaid, That any person or company, resident of this State, who is the owner of a vessel, boats or water-craft of any description, shall answer, under oath, the number of vessels, boats and other water-crafts owned by them and the value of each, and make a return of the same to the Tax-Receiver of the county of the residence of such person or company, and the same shall be taxed as other property is taxed. Vessels, boats, etc. SEC. XIV. Be it further enacted by the authority aforesaid, That in returning property for taxes, all property shall be returned at its valuepromissory notes, accounts, judgments, mortgages, liens of all kinds and all choses in action shall be given in at their value, whether solvent or partially solvent. Every person shall return for taxes all jewelry and other property of every kind owned by his wife and minor children, unless the members of his or her family return their property for taxation. In addition to the questions now propounded to tax-payers by the Tax-Receivers, questions shall be framed by the Comptroller-General to reach all property upon which a tax is imposed by this Act, and especially the following questions: Property to be returned at its value. Returns for wife and minor children. Additional questions for tax payers.

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First.The number of horses, mules, oxen, cows, sheep, hogs, goats, and of all other animals upon which a tax is imposed by law, and state the value of each. Second.The kind and value of property owned by the wife and minor children of the tax-payer and not returned for taxes by the owner thereof. Third.Whether solvent or partially solvent, give the value of your bonds, stocks of non-resident companies or corporations, or of companies or corporations in this State, whose capital stock is not returned by the president of such company or corporation, all notes, accounts, judgments, mortgages, liens and other choses in action of every kind, whether such bonds, stocks, notes, etc., are held by the tax-payers in Georgia, or held by some other person for him, either in or out of this State. There shall be no deduction from the value of property returned for taxes on account of any indebtedness of such tax-payer. No deductions for indebtedness of tax payers. SEC. XV. Be it further enacted by the authority aforesaid, That the oath to be administered to all persons making returns of their taxable property shall be the oath required under the Act of October 20, 1885, to be attached to the printed list furnished under said Act, and presented to each tax-payer; provided , that non-residents, females and sick persons may subscribe the oath herein required before any person authorized by law to administer oaths, and cause same to be delivered to the Tax-Receiver. Oaths to be administered persons making returns. Oaths of non-residents, females and sick persons. SEC. XVI. Be it further enacted by the authority aforesaid, That the Comptroller-General is authorized and empowered to order the Tax-Receivers of this State to commence receiving the returns of taxable property immediately after the 1st day of April of the years 1891 and 1892, and that the Comptroller-General is empowered and required to cause the taxes to be collected and paid into the State Treasury by the 20th of December of each of said years 1891 and 1892. When returns shall be received When taxes to be collected. SEC. XVII. Be it further enacted by the authority aforesaid, That blind persons and Confederate soldiers relieved by the proviso in paragraph 1 of section 2, from the payment of the tax designated in that paragraph, shall be relieved also from the payment of the taxes designated in paragraphs 6, 7, 8 and 11 of section 2, if carrying on and dependent upon the kinds of business designated therein; provided , that before any person shall be entitled to the benefit of any of the exemptions provided for it in this section, he shall go before the Ordinary of the county in which he purposes to carry on business, and make and file an affidavit setting forth the facts that he is entitled to such exemptions,

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that he is proprietor of the business he proposes to conduct, and is conducting the same for himself and not for another. Belief of blind persons and Confederate soldiers. Proviso. SEC. XVIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 26, 1890. NOTE BY COMPILER.General tax rate fixed by this Act increased by Act of September 26, 1891. See that Act. Certain wholesale liquor dealers released from special tax by Act of October 16th, 1891. See that Act. Tax on liquor dealers increased, and certain itinerant doctors, etc., relieved by Act of October 21, 1891. See that Act. Peddlers of all kinds of merchandise taxed, by Act of October 21, 1891. See that Act. AMENDING GENERAL TAX ACT; INCREASING TAX RATE. No. 507. At Act to amend an Act entitled an Act to levy and collect a tax for the support of the State government and the public institution for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt, and to pay maimed Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law for each of the fiscal years, eighteen hundred and ninety-one and eighteen hundred and ninety-two; and to prescribe what persons, professions and property are liable to taxation; to prescribe the methods for receiving and collecting said taxes; to prescribe the method of ascertaining the property of this State subject to taxation; prescribe additional questions to be propounded to tax-payers, and provide penalties and forfeitures for non-payment of taxes, and for other purposes, approved December 26, 1890. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1 of the above recited Act be amended by striking from line 5 of the said section the words two and four-tenths mills, and by striking from line 6 of said section the words two and one-half mills, and inserting three and one-half mills for the fiscal year eighteen hundred and ninety-one, and three and one-half mills for the fiscal year of eighteen hundred and ninety two, so that the said section, when amended, shall read as follows: Rate of general tax changed.

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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 for the fiscal year of eighteen hundred and ninety-one, three and one-half mills, and for the fiscal year eighteen hundred and ninety-two, three and one-half mills, and the Governor be, and is, hereby authorized and empowered, by and with the assistance of the Comptroller-General, to assess and levy, in addition to the foregoing general State tax, a tax of one and one-third mills for the year eighteen hundred and ninety-one, and a tax of one and one-third mills for the year eighteen hundred and ninety-two, on all of the taxable property of this State for the purpose of raising the funds necessary to meet the appropriations by this General Assembly for educational purposes in instructing the children in the elementary branches of an Engliah education only. 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, 1891. AMENDING GENERAL TAX ACT; RELIEVING CERTAIN LIQUOR DEALERS. No. 689. An Act to amend an Act entitled an Act to levy and collect a tax for the support of the State Government, etc., approved December 26, 1890, by striking from the 15th paragraph of said Act the words grown on their own lands, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the fifteenth paragraph of the above recited Act be, and the same is, hereby amended, by striking from said fifteenth paragraph the words grown on their own lands, so that said paragraph, as amended, will read as follows: Upon all dealers in spirituous or malt liquors, intoxicating bitters, or brandy fruits, or domestic wines, whether dealing in either or all thereof, fifty dollars for each place of business in each county where the same is sold; provided , this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell by

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wholesale spirits manufactured of apples, peaches, grapes' blackberries or other fruits, when sold in quantities not less than five gallons: provided , that nothing in this Act shall be so construed as to levy a tax on dealers in domestic wines manufactured from grapes or berries purchased by or grown on lands owned, leased or rented by said dealer. Said tax shall be for educational purposes. Dealers who sell in quantities not less than five gallons relieved in certain cases. 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, 1891. NOTE BY COMPILER. The 15th paragraph referred to in this Act is the 15th paragraph of section 2d, of the General Tax Act. AMENDING GENERAL TAX ACT; INCREASING TAX ON LIQUOR DEALERS, AND RELIEVING CERTAIN ITINERANT DOCTORS, ETC. No. 767. An Act to amend 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 and widows of Confederates such amounts as are allowed them by law for each of the fiscal years 1891 and 1892; and to prescribe what persons, professions and property are liable to taxation, to prescribe the methods for receiving and collecting said taxes, to prescribe the method of ascertaining the property of the State subject to taxation; prescribe additional questions to be propounded to tax-payers, and to provide penalties and forfeitures for non-payment of taxes, and for other purposes, approved December 26, 1890, so as to strike from paragraph 15, the second section, the word fifty dollars where same occurs, and add in lieu thereof one hundred dollars for the year 1892; and shall be remitted to the State Treasury immediately after the registration of said dealer, and payment of same made to the Tax-Collector, and so as to provide that paragraph 21 of said Act shall not apply to persons who have a fixed place of business. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That the words fifty dollars are hereby stricken from paragraph 15 of second section of the above recited Act, and in lieu thereof add the words one hundred dollars for the year 1892, and shall be remitted to the State Treasury immediately after the registration of said dealers and payment of same is made to the Tax-Collector, so that said section, when amended, shall read as follows: Upon all dealers in spirituous or malt liquors, intoxicating bitters or brandy fruits or domestic wines, whether dealing in either or all thereof; one hundred dollars for each place of business in each county where same is sold for the year 1892, and shall be remitted to the State Treasury immediately after the registration of said dealer and payment of the same made to the Tax-Collector; provided , this tax shall not relieve such dealers from any local or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell by wholesale spirits manufactured of apples, peaches, grapes, blackberries or other fruits grown on their own lands when sold in quantities of not less than five gallons; provided , that nothing in this Act shall be so construed as to levy a tax on dealers in domestic wine manufactured from grapes or berries purchased by, or grown on land leased or rented by said dealer. Said tax shall be for educational purposes. Specific tax on liquor dealers increased, etc. SEC. II. Be it further enacted, That paragraph 21 of section 1 of above recited Act be so amended as to read as follows: Provided , the provisions of this section shall not apply to persons whose fixed place of business is in a county of this State and have paid the tax required by paragraph 2 of section 1 of this above Act, so when amended it shall read: Upon all itinerant doctors, dentist, optician or specialist of any kind doing business in this State, ten dollars for each county in which they may do business; provided , the provisions of this section shall not apply to persons whose fixed place of business is in a county in this State, and have paid the tax required by paragraph 2 of this section. Relieving certain itinerant doctors, etc. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891. NOTE BY COMPILER.The second section of this Act is evidently meant to amend paragraph 21 of section 2 of the General Tax Act; there is no paragraph 21 of section 1 of that Act.

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AMENDING GENERAL TAX ACT AS TO PEDDLERS OF MERCHANDISE. No. 782. An Act to amend paragraph 8 of section 2 of the Tax Act approved December 26, 1890, 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, paragraph 8 of section 2 of the Tax Act approved December 26, 1890, which reads as follows: Upon every travelling vendor of patent or proprietary medicines, special nostrums, jewelry, paper, soap, or other articles of like character, twenty-five dollars in each county where they may offer such articles for sale, be amended by inserting after the word soap and before the words or other articles, in the second line of said paragraph, the following words: or any other articles of merchandise, so that paragraph of said section, when amended, shall read as follows: Upon every travelling vendor of patent or proprietary medicines, special nostrums, jewely, paper, soap, or any other articles of merchandise or other articles of like character, twenty-five dollars in each county where they may offer such articles for sale. Peddlers of any kind of merchandise taxed. 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 21, 1891. TAX EXECUTIONS OF MUNICIPAL CORPORATIONS, INTEREST [Illegible Text] LAW AMENDED. No. 97. An Act to amend 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 corporation or otherwise, shall bear interest at the legal rate from the time fixed by law for issuing the same, and for other purposes, approved November 11, 1889. SECTION I. Be it enacted by the General Assembly of Georgia, That the Act approved November 11, 1889, providing

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that 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 corporations, or otherwise, shall bear interest at the rate of seven (7) 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 taxes, be, and the same is, hereby amended, so as to hereby provide that said Act shall not apply to any municipal corporation on any fi. fas. due to it for taxes or assessments, having, at the date of the approval of said Act, a population of sixty thousand or more, unless the Mayor and General Council, Mayor and Council, or other governing authority of any such municipal corporation shall, by order, resolution or ordinance provide for the charge and collection, of such interest on such fi. fas. Tax executions of certain cities not to bear interest save when provided by ordinances, etc. SEC. II. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 24, 1890. BOARD OF EQUALIZATION AS TO PROPERTY SUBJECT TO TAXATION. No. 297. An Act to provide for a Board of Equalization of real and personal property subject to taxation in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the Commissioners of Roads and Revenue, or in case there are no such Commissioners, then the Ordinaries of the counties of this State, shall, on or before the first day of April next, and annually thereafter, appoint five upright and intelligent citizens, whose place of residence shall be in different localities in said county, all of whom shall be freeholders of their counties, who shall constitute a Board of Equalization for said counties of all property, real and personal, subject to taxation, in their counties. The persons appointed shall, before entering upon the discharge of the duties of their office, take an oath, before the Commissioners of Roads and Revenue or Ordinary, to faithfully and impartially discharge the duties of their office. They shall each receive as compensation the sum of three dollars per

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day while engaged in the discharge of their official duties, to be paid out of the treasury of their county, upon the draft of the Commissioners of Roads and Revenue or the Ordinary; provided , that the provisions of this Act shall not apply to any county which has a Board of Equalization under special Act. Appointment of board. Qualifications of members. Oath of members. Compensation. Proviso SEC. II. Be it further enacted, That it shall be the duty of said Board of Equalization to meet at the office of the Receiver of Tax Returns, at the county site, on the first Monday in May of each year, and from day to day and from time to time, as the duties of their office may require; provided , that the Commissioners appointed under this Act shall complete their work inside of thirty days each year. Meeting of board. SEC. III. Be it further enacted, That it shall be the duty of said Board of Equalization to receive all returns of real and personal property made to the Receiver of Tax Returns of their county, and whenever any person or persons, or body corporate, whose duty it is to make returns to said Receiver of any kind of property subject to taxation by the laws of this State have failed or shall fail to return the whole or any part thereof at the true cash market value, the said Board of Equalization shall proceed to assess the property of every such defaulting person or persons, or body corporate, at such an amount as is, in their judgment, just and equitable on the best and most reliable information to be obtained by said board; and for this purpose said board shall, on their own motion or the application of any person, have power to issue, in the name of the same, subp[oelig]nas for all witnesses and compel the production of all books and papers that may be necessary for the full investigation of said case. Assessments by board. Powers of as to subp[oelig]nas, etc. SEC. IV. Be it further enacted, That it shall be the duty of said Board of Equalization, and they are authorized and required, in all cases in which they have good reason to believe that full and complete returns have not been made by any person or persons, or body corporate, or that the returns are not at the full market value of said property, to notify such person or persons, or body corporate, through the Receiver of Tax Returns, to appear at his office at the court-house for the purpose of amending or correcting his, her or their returns, and upon failure to appear and answer as required, said person or persons, or body corporate, shall be subject to the same penalty as is prescribed by law for failure to make tax returns. Attendance of persons making returns. Penalty for failure to appear and answer. SEC. V. Be it further enacted, That the Receiver of Tax Returns of the counties of this State shall be Secretary of said Board of Equalization, and shall furnish to said board

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all information in his power regarding each and every return, and also the names of every person he may know who has failed or refused to make returns as required by law. Secretary of board. SEC. VI. Be it further enacted, That the Receivers of Tax Returns shall not enter upon their tax digests any return of a tax-payer until the same has been accepted and approved by said Board of Equalization. Return not to be entered on digest until approved. SEC. VII. Be it further enacted, That any tax-payer who may be dissatisfied with his assessment, or whose return has been refused by the Receiver of Tax Returns, shall have the privilege of appearing before the Board of Equalization and being heard, and the said board shall receive the return if the same be correct, or shall at once proceed to alter, amend or correct the assessment complained of, as the case may be, so as to make it conform to the requirements of the law. Appeal by tax-payer to board. SEC. VIII. Be it further enacted, That should a vacancy occur in said Board of Equalization by death, removal, resignation or refusal to qualify, said vacancy or vacancies may be filled by the appointing power provided in section 1. Vacancies. SEC. IX. Be it further enacted, That three of said Board of Equalization shall constitute a quorum for the discharge of the duties of said board. Quorum. 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 14, 1891. GARNISHMENTS FOR MUNICIPAL TAXES. No. 399. An Act to permit the Treasurer or Tax-Collector of any city, town or other municipal corporation, to issue process of garnishment for taxes due said city, town or municipal corporation. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That when any Treasurer or other person authorized by law to collect the taxes due to any city, town or other municipal corporation, can find no property of the defendant on which to levy any tax execution in his hands, it shall be his duty to make an entry to that effect on said execution; and such Treasurer or other person authorized by law to collect the taxes due said city, town or other municipal corporation as aforesaid, may then issue summons of garnishment against

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any person whom he may believe is indebted to the defendant, or who may have property, money or effects in his hands, without making the affidavit or giving the bond as now required by law in other cases of garnishment, and said summons of garnishment shall be served by the Treasurer or other Tax-Collector as aforesaid, or by the Sheriff, his deputy, or any Constable of the county in which the garnishee may reside, at least fifteen days before the sitting of the court to which the same is made returnable, and returned to the Superior or City Court of the county in which is situated such city, town or other municipal corporation, as aforesaid. When garnishments may issue. Without making affidavit or giving bond. Service of summons. Return of. SEC. II. Be it further enacted, That said Treasurer or other Tax-Collector shall enter on the said execution the names of the person or persons garnished, and return said execution to said Superior Court, and all the subsequent proceedings shall be the same as now provided by law in relation to garnishment in other cases when judgment has been obtained, or execution issued. Entry on execution and return of. Subsequent proceedings. 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 11, 1891.

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TITLE III . CONSTITUTION. ACTS. To Provide for Annual Sessions of the General Assembly. To Fix Length of Sessions of General Assembly. First and Second Readings of Local Bills and Railroad and Bank Charters Charters for Banks, etc., to be Issued by Secretary of State. TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY. No. 765. An Act to alter and amend article 2, section 4, paragraph 3 of the Constitution of 1877, by striking out the word biennially, in the 3d line, after the word and and before the word thereafter, and substituting therefor the word annually, and the manner of submitting the same for ratification, 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 that article 2, section 4, paragraph 3 of the Constitution of 1887 be altered and amended by striking out the word biennially after the word and and before the word thereafter, in the third line, and substituting therefor the word annually, so that the first clause of said paragraph, when amended, will read as follows, viz.: The first meeting of the General Assembly, after the ratification of this Constitution shall be on the fourth Wednesday in October, 1878, and annually thereafter on the same day, until the day shall be changed by law. Par. 3 of sec. 4 of art. 2 amended. Annual sessions of General Assembly. SEC. II. 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

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one or more newspapers in each congressional district for two months previous to the next general election, and the same shall be submitted to the people at the next general election, and the legal voters at the next general election shall have written or printed on their tickets, Ratification, or Against Ratification, as they may choose to vote; and if a majority of the electors qualified to vote for members of General Assembly, voting, shall vote in favor of ratification, then said amendment shall become a part of said article 2, section 4, paragraph 3 of the Constitution of this State, and the Governor shall make proclamation thereof. Publication of proposed amendment. Submission to the people. Ballots. Proclamation of result. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are, repealed. Approved October 21, 1891. TO FIX LENGTH OF SESSIONS OF GENERAL ASSEMBLY. No. 768. An Act to alter and amend article 2, section 4, paragraph 6 of the Constitution of this State, by striking out the following words after the word than, viz.: forty days, unless by a two-thirds' vote of the whole number of each House, and substituting therefor the following: fifty days, and to provide for submission 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 same, That article 2, section 4, paragraph 6 of the Constitution of this State be amended by striking out the following words after the word than, viz.: forty days, unless by a two-thirds' vote of the whole number of each House, and substituting therefor the following: fifty days, so that said paragraph, when so amended, will read as follows: No session of the General Assembly shall continue longer than fifty days; provided , that if an impeachment trial pending at the end of fifty days the session may be prolonged till the completion of said trial. Par. 6 of Sec. 4 of art. 2 amended. Sessions limited to fifty days except when impeachment trial pending. SEC. II. Be it further enacted, That if this amendment shall be agreed to by two-thirds of the members to each of the two Houses, the same shall be entered on their Journals, with the yeas and nays entered thereon, and the Governor shall cause said amendment to be published in one or more newspapers in each congressional district for two months

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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 Against 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 2, section 4, paragraph 6 of the Constitution of this State, and the Governor shall make proclamation thereof. Publication of proposed amendment. Submission to people Ballots. Proclamation of result. SEC. III. Be it further enacted, That all laws in conflict with this Act be repealed. Approved October 21, 1891. FIRST AND SECOND READINGS OF LOCAL BILLS AND RAILROAD AND BANK CHARTERS. No. 102. 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 and second reading of each local bill and bank and railroad charters, 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, Preamble 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 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

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the legislative department of the State Government, and to that extent diminish the burdens of taxation upon the people of the State; therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Constitution of this State be amended by adding to article 3, section 7, paragraph 7, the following words: But the first and second reading of each local bill, and bank and railroad charters in each house shall consist of the reading of the title only, unless said bill is ordered to be engrossed, so that said paragraph, when amended, shall read as follows: Every bill, before it shall pass, shall be read three times and on three separate days in each House, unless in case of actual invasion or insurrection, but the first and second reading of each local bill, and bank and railroad charter, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. Par. 7 of sec. 7 of art. 3 amended. First and second reading of local bills and bank and railroad charters to be title only unless engrossing ordered. 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. Publication of proposed amendment. SEC. III. Be it further enacted, That the above proposed amendment shall be submitted, for ratification or rejection, to the electors of this State, at the next general election to be held after publication, as provided for in the second section of this Act, in the several election districts 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. Submission to the people. 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

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he ascertains such ratification from the Secretary of State, to whom the returns shall be referred, in the 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 December 24, 1890. CHARTERS FOR BANKS, INSURANCE COMPANIES, ETC., TO BE ISSUED BY SECRETARY OF STATE. No. 711. An Act to alter and amend article 3, section 7, paragraph 18 of the Constitution of Georgia, by striking therefrom after the word companies, in the second line thereof, the following, viz.: Except banking, insurance, railroads, canal, navigation, express and telegraph companies; nor, and adding as a substitute therefor, at the end of said paragraph, after the word courts, the following, viz.: all corporate powers and privileges to banking, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and for the submission of the same to the qualified voters for ratification, 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, that article 3, section 7, paragraph 18 of the Constitution of this State be altered and amended by striking therefrom after the word companies, in the second line thereof, the following words, viz.: Except banking, insurance, railroad, canal, navigation, express and telegraph companies; and adding as a substitute therefor, at the end of said paragraph, after the word courts, the following, viz.: All corporate powers and privileges to banking, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law, so that said paragraph, when amended, will read as follows, viz.: The General Assembly

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shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts; nor to establish bridges or ferries; nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts. All corporate powers and privileges to banking, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law, and if in any event the Secretary of State should be disqualified to act in any case, then in that event the Legislature shall provide by general laws by what person such charters shall be granted. Par. 18 of sec. 7 of art. 3 amended. Charters for banks, etc., to be issued by Secretary of State. SEC. II. Be it further enacted, That if this amendment shall be agreed to by two-third vote 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 the said amendment to be published in one or more newspapers in each congressional district of this State for two months previous to the next general election, and the same shall be submitted to the people at the next general election, and the legal voters at the next said general election shall have inscribed or printed on their tickets For ratification of amendment to article 3, section 7 of paragraph 18, or Against ratification of amendment to article 3, section 7 of paragraph 18, as they may choose to vote; and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote in favor of ratification, then said amendment shall become a part of said article 3, section 7, paragraph 18 of the Constitution of the State, and the Governor shall make proclamation thereof. Publication of proposed amendment. Submission 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 September 19, 1891.

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TITLE IV . CODE AMENDMENTS. ACTS. SECTION 301. Time for Certiorari in County Court Criminal Cases. SECTION 404. Bonds of Constables for Rural Districts. SECTION 534. Peddling by Indigent Confederate Soldiers. SECTION 616(d). Sections 616(a), (b) and (c) to apply to New Roads. SECTION 620. Extraordinary Tools for Repairing Public Roads. SECTION 719(i). Suits for Violating Rules of Railroad Commission. SECTION 792. Mayors no Jurisdiction as Magistrates in Civil Cases. SECTION 920. Paragraph Twelve, Collection by Tax-Receiver of Agricultural Statistics, etc., repealed. SECTION 913(a). State Depositories, Number Increased. SECTION 1103(i). As to Volunteer Regimental Organizations. SECTION 1103(j). Fixing Number of Governor's Aids-de-Camp. SECTION 1449. Section Repealed and New Section Adopted, as to Making Lines of Land Lots, etc., Lawful Fences. SECTION 1676. Record of Petition [Illegible Text] Order for Incorporation in Superior Court. SECTION 1689(i). Railroad Crossing another Railroad. SECTION 1978. Landlord's Special Lien for Supplies, etc. SECTION 2626. Levy upon and Sale of Shares in Corporations. SECTION 3245. Special Terms of Superior Courts for Civil or Criminal Business. SECTION 3331. Priority of Attachments over Ordinary Judgments. SECTION 3409. Service of Process in Suits against Co-operative or Assessment Insurance Societies, etc. SECTION 3495. Amendment of Executions. SECTION 3703. Compensation of County Treasurers. SECTION 3777. Admission in Evidence of Books of Account. SECTION 3869. Privileges in Making Opposite Party Witness. SECTION 3921. Examination of Books of County Officers, etc. SECTION 3940. Pay of City Court Jurors. SECTION 3976. Replevy Bonds in Mortgage Execution Illegalities. SECTION 4250. What Causes May be Taken to Supreme Court. SECTION 4372. Obscene, etc., Language in Presence of Females, etc. SECTION 4391. Penalty for Robbery. SECTION 4406. Penalty for Larceny of Bonds, Notes, etc. SECTION 4408. Penalty for Larceny from Vessel. SECTION 4625(e). Obstructing Passage of Fish. SECTION 4812. Expenses of Trials for Escapes.

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SECTION 301. TIME FOR CERTIORARI IN COUNTY COURT CRIMINAL CASES. No. 216. An Act to amend Section 301 of the Code. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 301 of the Code be amended by striking the word ten in the tenth line, and inserting in lieu thereof the word thirty, so that said section, when so amended, shall read as follows: The County Judge shall have the right to try any and all of the criminal cases, which may properly come before him at any place in the county, and the right to certiorari from his decision and judgment in all criminal cases shall exist as in all civil cases, and the certiorari shall be obtained and disposed of, either in term or vacation, in the following mode, to-wit: Such certiorari may be had under the sanction and order of the judge of the Superior Court of the circuit in the county in which the case is tried, in all criminal cases upon a petition in writing by the defendant to said judge, complaining of errors, and showing sufficient grounds of error in thirty days after such trial. This petition shall state the grounds of complaint, and give a brief of the material evidence, and be duly worn to. Sec. 301 amended. Petition for certiorari in criminal cases in 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 December 29, 1890. SECTION 473. BONDS OF CONSTABLES FOR RURAL DISTRICTS. No. 404. An Act to amend section 473 of the Code of Georgia of 1882, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, That section 473 of the Code of Georgia (1882) be, and the same is, amended by adding to the end thereof the following: provided , that Constables in militia districts outside of incorporated towns shall give bonds for the sum of two hundred dollars, so that said section when amended shall read as follows: All Constables, except those thus appointed, must, before entering on the discharge of their duties, give a bond payable to the Ordinary of the county, and their successors, with two good securities resident in the county, in the sum of five hundred dollars, to be approved by such Ordinary, which shall be by him filed in his office and recorded in a book kept for that purpose; provided , that

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Constables in militia districts outside of incorporated towns shall give bond for the sum of two hundred dollars. Sec. 473 amended. Bonds of constables for rural districts two hundred dollars. SEC. II. Be it enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved September 11, 1891. SECTION 534. PEDDLING BY INDIGENT CONFEDERATE SOLDIERS. No. 718. An Act to amend section 534 of the Code of 1882, which provides that disabled soldiers of this State be allowed to peddle without paying license, so as to allow all indigent Confederate soldiers to peddle in this State without paying license, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that section 534 of the Code of 1882 be amended by inserting after the word disabled and before the word soldier, in the first line of said section, the following words, or indigent Confederate, so that said section shall read as follows: It shall be lawful for any disabled or indigent Confederate soldier of this State to peddle 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 or indigent Confederate soldier shall be sufficient proof 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 person. Sec. 534 amended. Disabled or indigent Confederate soldiers may peddle without license. Except ardent spirits. Privilege not transferable. 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, 1891. SECTION 616(d). SECTIONS 616(a), (b) AND (c) TO APPLY TO NEW ROADS. No. 716. An Act to alter and amend section 616(d) of the Code of 1882 by inserting after the word length and before the word as, in the third line thereof, the following words, and all new roads to be opened in said county, so as to make sections 616(a), 616(b) and 616(c) apply to new roads to be opened. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act section 616(d) of the Code

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of 1882 be, and the same is, hereby altered and amended by inserting after the word length, and before the word as, in the third line thereof, the words and all new roads to be opened in said county, so that said section, when so amended, shall read as follows: The provisions of the three preceding sections shall also apply to such culverts and short bridges, not less than ten feet in length, and all new roads to be opened in said county, as the grand juries may recommend, as provided in the preceding section. Sec. 616(d) amended. The three preceding sections to apply to new roads SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 19, 1891. SECTION 620. EXTRAORDINARY TOOLS FOR REPAIRING PUBLIC ROADS. No. 727. An Act to amend section 620 of the Code of Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That section 620 of the Code of Georgia be, and the same is, hereby amended by striking all of said section after the word apply, in the fourth line, and adding in lieu of the words stricken the following words, to-wit: to the Road Commissioners in the district in which said instruments are needed, who shall apply to the Commissioners of Roads and Revenues, where such exist, otherwise to the Ordinary, who may in his discretion issue to said Road Commissioners the needed instruments, taking their receipt for the same, to be returned during the month of January thereafter, or become responsible to the county for value of the same, so that said section 620, as amended, will read as follows: Section 620. If any other instruments, than ordinary farming tools are necessary to keep the roads in repair, the overseers may receive them in exchange for labor of hands or may apply to the Road Commissioners in the district in which said instruments are needed, who shall apply to the Commissioners of Roads and Revenues, where such exist, otherwise to the Ordinary, who may, in his discretion, issue to said Road Commissioners the needed instruments, taking their receipt for the same, to be returned during the month of January thereafter, or become responsible for the value of the same. Sec. 620 amended. Extraordinary tools, to be supplied by whom. Return of, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891.

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SECTION 719(i). SUITS FOR VIOLATION OF RULES OF RAILROAD COMMISSION. No. 449. An Act to amend section 719(i) of the Code of Georgia of 1882, 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 section 719(i) of the Code of Georgia of 1882 be, and the same is, amended by adding thereto the following: The Commissioners shall have the power, in their discretion, to institute suit, without notice, for any violation of any of said rules or regulations, whenever, in their opinion, the circumstances authorize it, of which they shall be the sole judges; and after the institution of said suit there shall be no settlement of the same without the consent of the said Commissioners, so that said section, when amended, shall read as follows: If any railroad company doing business in this State, by its agents or employees, shall be guilty of a violation of the rules and regulations provided and prescribed by said Commissioners, and if after due notice of such violation given to the principal officer thereof, ample and full recompense for the wrong or injury done thereby to any person or corporation as may be directed by said Commissioners, shall not be made within thirty days from the time of such notice, such company shall incur a penalty for each offence of not less than one thousand dollars, nor more than five thousand dollars, to be fixed by the presiding Judge. An action for the recovery of such penalty shall be in any county in the State, when such violation has occurred or wrong has been perpetrated, and shall be in the name of the State of Georgia. The Commissioners shall institute such action through the Attorney-General or Solicitor-General, or such other attorney-at-law of this State as the said Commissioners may appoint, whose fees shall be the same as now provided by law. The Commissioners shall have the power, in their discretion, to institute suit, without notice, for any violation of said rules and regulations, whenever, in their opinion, the circumstances authorize it, of which they shall be the sole judges; and after the institution of said suit there shall be no settlement of the same without the consent of the Commissioners. Sec. 719(i) amended. Suit in discretion of Commissioners. Settlement of suits. SEC. II. Be it enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved September 16, 1891.

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SECTION 792. MAYORS NO JURISDICTION AS MAGISTRATES IN CIVIL CASES. No. 737. An Act to amend section 792 of the Code of Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That section 792 of the Code of Georgia be, and the same is, hereby amended by striking the word criminal, in the seventh line thereof, and inserting the word civil, so that said section, so amended, will read as follows: The Mayor shall be the chief executive of the town or village. He shall take care that the orders, by-laws, ordinances, acts and resolutions of the Council are faithfully executed. He shall be ex officio Justice of the Peace within the town or village; shall within the same possess and exercise all the powers and duties vested by law as a Justice of the Peace, except that he shall have no jurisdiction as such in civil cases. Sec. 792 amended. Mayors no jurisdiction as magistrates in civil cases. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the same are hereby repealed. Approved October 20, 1891. SECTION 920. PARAGRAPH TWELVE, AS TO COLLECTION BY TAX-RECEIVER OF AGRICULTURAL STATISTICS, REPEALED. No. 81. An Act to amend section 920 of the Code of 1882, which prescribes the duties of Tax-Receivers, by striking out paragraph 12 of said section, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That paragraph 12 of section 920, of the Code of 1882, which, as amended by an Act approved October 29, 1889, reads as follows: It shall be the duty of the Receiver of Tax Returns, or the person acting as such in each county in this State, by the 15th 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 his county; also, the products of any manufactures 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 from the preceding year; said statement shall be obligatory upon him, be and the same is hereby repealed, said section 920 being

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the section enumerating the duties of the Receivers of Tax Returns in this State. Par. 12, sec. 920, repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890. SECTION 943(a). STATE DEPOSITORIES, NUMBER INCREASED. No. 743. An Act to amend section 943(a) of the Code of Georgia of 1882, providing for the selection by the Governor of banks in certain cities therein named, as State depositories, and the Acts amendatory thereof, so as to add the city of Waycross, in Ware county, Georgia, and the city of Brunswick, Glynn county, Georgia, to the list of such cities. SECTION I. Be it enacted by the General Assembly of Georgia, That section 943(a) of the Code of Georgia of 1882, providing for the selection by the Governor of banks in certain cities therein named, as State depositories, and the Acts amendatory thereof, be, and the same are, hereby so amended as to add the city of Waycross, in Ware county, Georgia, and the city of Brunswick, Glynn county, Georgia, to the list of such cities. Sec. 943(a) amended. Cities of Waycross and Brunswick added SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891. SECTION 1103(i). AS TO VOLUNTEER REGIMENTAL ORGANIZATIONS. No. 738. An Act to amend section 1103(i) of the Code of Georgia of 1882, by striking the word regimental in the 2d line thereof, and by inserting between the words of and battalions, in the third and fourth lines, the word regiments, and by adding to the end of said section the following: and all regimental organizations heretofore effected under and by virtue of Acts of the General Assembly of Georgia, are hereby declared legal and valid, and they shall retain their organization and chartered privileges granted by said Acts, 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 section 1103(i) of

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the Code of Georgia of 1882 be, and the same is, hereby amended by striking the word regimental in the second line thereof, and by inserting between the words of and battalions, in the third and fourth lines, the word regiments, and by adding to the end of said section the following words, and all regimental organizations heretofore effected under and by virtue of Acts of the General Assembly of Georgia, are hereby declared legal and valid, and they shall retain their organizations and chartered privileges granted by said Acts, so that said section, when amended, shall read as follows: Until otherwise provided by law there shall be no brigade, division or other larger organization of the volunteers of this State; and commanders of regiments, battalions and unattached companies shall receive orders only from the Governor, except when otherwise specially ordered, and all regimental organizations heretofore effected under and by virtue of Acts of the General Assembly of Georgia, are hereby declared legal and valid, and they shall retain their organizations and chartered privileges granted by said Acts. Sec. 1103(i) amended. Regimental organizations to be allowed, etc. Such organizations heretofore effected to be declared legal. Shall retain organizations and privileges. 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 October 20, 1891. SECTION 1103(j). FIXING NUMBER OF GOVERNOR'S AIDS-DE-CAMP. No. 663. An Act to amend section 1103(j) of the Code of 1882, so as to fix the number of Aids-de-Camp, 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 last three lines of section 1103(j) of the Code of 1882, which read as follows: And who, with such aids-de-camp with the rank of Lieutenant-Colonel, as the Governor may find it necessary to appoint, shall constitute his military staff, shall be stricken out, and the following words substituted in lieu thereof, to-wit: And who with one aid-de-camp from each congressional district, and two (2) aids-de-camp from the State at large, with the rank of Lieutenant-Colonel, to be appointed by the Governor, shall constitute his military staff, so that said section, when amended, shall read as follows: The Governor is commander-in-chief of the volunteers as of all other military forces of this State. He shall designate some officer of the Executive Department, or some other person, to perform the duties of Adjutant-General, including those specified in section 1121 of this Code, so far as the same is applicable to the volunteers, and shall have the title and the rank of colonel, but shall receive no additional compensation whatever therefor; and who, with one aid-de-camp from each congressional district, and two (2) aids-de-camp from the State at large, with the rank of Lieutentant-Colonel,

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to be appointed by the Governor, shall constitute his military staff; provided , that this Act shall not go into effect until after the expiration of the term of the present members of the Governor's military staff. Sec. 1103(j) amended. Number of aids-de-camp fixed. When this Act shall go into effect. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 14, 1891. SECTION 1449. SECTION REPEALED AND NEW SECTION ENACTED AS TO MAKING LINES OF LAND LOTS, ETC., LAWFUL FENCES. No. 12. An Act to amend the fence laws of this State, and to repeal section 1449 of the Code of Georgia. 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 section 1449 of the Code of Georgia, which reads as follows, to-wit: In each and every county in this State which shall adopt the provisions of this and the six succeeding sections in the manner hereinafter provided, the preceding sections of this chapter be, and the same are hereby repealed, and the boundary lines of each lot, tract or parcel of land in said county shall be, and the same are, hereby declared a lawful fence be, and the same, is hereby repealed, and the following be [is] enacted instead thereof. In each and every county and district in this State, the boundary lines of each lot, tract or parcel of land in said counties and districts shall be, and the same are, hereby declared a lawful fence; provided , that this section shall not become operative in any county or district of this State, which has not heretofore abolished or removed fences either by a vote of the people or in pursuance of legal or illegal legislative action, unless by an election and in the manner provided for in sections 1450, 1451, 1452, 1453, 1454 and 1455 of the Code of 1882 Sec. 1449 repealed. New section enacted. Lines of land lots, etc., lawful fences when. SEC. II. Be it further enacted by the authority aforesaid, That all laws and part of laws conflicting with this Act be, and the same are, hereby repealed. Approved November 26, 1890. NOTE BY COMPILER.This Act makes an important change in the general fence law. So far as it seeks to establish a rule in cases where, by illegal legislative action, provisions on the subject have been adopted, its validity seems doubtful; as, for instance, in cases where special legislation has been declared unconstitutional, by the Supreme Court. See Mathis vs. Jones, 84 Ga. Rep. p. 804; Camp vs. Tompkins, Ib. 812.

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SECTION 1676. RECORD OF PETITIONS AND ORDERS FOR INCORPORATION IN SUPREME COURT. No. 387. An Act to amend paragraph (or sub-section) one (1) of section 1676 of the Code of Georgia of 1882, relating to the granting of charters of corporations by the Superior Courts of this State, so as to discontinue the recording of the petition before the granting of the final order by the court, and requiring the petition and final order to be recorded together, after the granting of the final order, in the office of the Clerk of the Superior Court in a book to be known as The Record of Superior Court Charters, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That paragraph (or sub-section) one (1) of section 1676 of the Code of Georgia of 1882 be, and the same is, hereby amended, by striking from the eighth and ninth lines of said paragraph or sub-section these words, to-wit: recorded by said Clerk and shall also be, and by inserting in said paragraph or sub-section, immediately following the sentence in which said above stricken words occur, the following sentence, to-wit: After the granting by the court of the order of incorporation, the petition and said order shall be recorded together by said Clerk in a book to be kept for that purpose, and to be known as `The Record of Superior Court Charters,' and which shall be kept apppropriately indexed by said Clerk; but this shall not dispense with the recording of the order of incorporation upon the minutes of the court, also as a part of the proceedings of the court; so that said paragraph or sub-section one (1), when amended, shall read as follows, to-wit: 1. The persons desiring the charter shall file in the office of the Clerk of the Superior Court of the county in which they desire to transact business, a petition or declaration, specifying the objects of their association, and the particular business they propose to carry on, together with their corporate name, and the amount of capital to be employed by them actually paid in, and their place of doing business, and the time, not exceeding twenty years, for which they desire to be incorporated; which petition or declaration shall be published once a week for four weeks in the nearest public gazette to the point where such business is located, before said court shall pass an order declaring said application granted. After the granting by the court of the order of incorporation, the petition and said order shall be recorded together by said Clerk in a book to be kept for that purpose, and to be known as `The Record of Superior Court Charters,' and which shall be kept appropriately indexed by said Clerk; but this shall not dispense with the recording of the order of incorporation upon the minutes of the court, also as a part of the proceedings of the court. And it may be lawful for any association of churches to be chartered for the purpose of promoting

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the cause of the Christian religion, charity or education, by complying with the provisions of this section, except that they need not state the amount of capital to be used by them actually paid in, and when the meetings of said association are ambulatory, they shall not be required to set forth their place of business; provided , that said association may be chartered in any county in which a church belonging thereto may be located. And paragraph 3 of this section shall not apply to such corporations, and the publication of notice required shall be in the nearest public gazette to the county where the application is made. Sub-section 1 of section 1676 amended. Petition and final order to be recorded together. Sub-section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 8, 1891. SECTION 1689(i). RAILROAD CROSSING ANOTHER RAILROAD. No. 223. An Act to amend section 1689(i) of the Code of 1882, 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 1689, division (i), of the Code of 1882, be amended by striking out the word no, in the first line of the first proviso in said division of said section, between the words that and railroad, and inserting in lieu thereof the word any; by striking out, in the third line of said proviso, the word but, between the words level and such, and inserting in lieu thereof the word or; by striking out, in the third line of said proviso, the word shall, between the words crossing and be, and inserting in lieu thereof the word may; and by striking out, in the fourth and fifth lines of said proviso, the words unless by consent of such railroad company whose track is to be crossed, and when there is such consent then, in that event, and inserting in lieu thereof the words, and when such crossing shall be at grade line, so that said first proviso of division (i) of said section 1689, when so amended, shall read as follows: provided , that any railroad constructed under the provision of this section shall be allowed to cross any other railroad at a grade line, or such crossing may be either under or over such other railroad track, and when such crossing shall be at grade level, the provisions of this section as to the stopping of trains before making such crossings shall apply. Sec. 1689(i) amended. Amendments made. How railroads incorporated under general law may cross other railroads. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890.

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SECTION 1978. LANDLORD'S SPECIAL LIEN FOR SUPPLIES, ETC. No. 699. An Act to amend section 1978 of the Code of Georgia of 1882, 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 1978 of the Code of Georgia of 1882 be, and is, hereby amended by inserting between the words money and farming, in the second line thereof, the words horses, mules, asses, oxen, and by striking all of the third and fourth lines and the word books, in the fifth line thereof, so that said section, when amended, shall read as follows: Sec. 1978 amended. Landlord's special lien for supplies, etc., extended. Right of others to similar lien repealed. 1978. Liens for supplies, etc., furnished. Landlords furnishing supplies, money, horses, mules, asses, oxen, farming utensils of necessity, to make crops, shall have the right to secure themselves from the crops of the year in which such things are done or furnished, upon such terms as may be agreed upon by the parties, with the following conditions: (1) The liens provided for in this section shall arise by operation of law from the relation of landlord and tenant, as well as by special contract in writing, whenever the landlord shall furnish the articles enumerated in said section, or any one of them, to the tenant, for the purpose therein named. Said liens may be enforced in the manner provided in section 1991 of this Code. (2) Whenever said liens may be created by special contract in writing, as now provided by law, the same shall be assignable by the landlord, and may be enforced by the assignees in the manner provided for the enforcement of such liens by landlords. (3) They shall only exist as liens on the crops of the year in which they are made, and may be foreclosed before the debt is due if the tenant is removing or seeking to remove his crop from the premises. (4) Every person giving a lien under this section, having previously given a lien or liens under it or any other lien, shall, when giving a new lien, under this section, on the same property to another person, inform such person, if interrogated, as to the facts of the amount of such lien or liens and to whom given. (5) Such persons giving false information as to the facts aforesaid shall be deemed a common cheat and swindler, and, on conviction thereof, shall be punished as prescribed in section 4310 of this Code. (6) The liens created under this section are hereby declared to be superior in rank to other liens, except liens for taxes, the general and special liens of laborers and the special liens of landlords, to which they shall be inferior, and shall, as between themselves and other liens not herein excepted, rank according to date.

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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 October 17, 1891. SECTION 2626. LEVY UPON AND SALE OF SHARES IN CORPORATIONS. No. 661. An Act to amend section 2626 of the Code, which prescribes the manner in which shares in a bank, or other corporation, may be levied on and sold. SECTION I. Be it enacted by the General Assembly of Georgia, That section 2626 of the Code of Georgia be amended by striking from the third line of said section the words, in the county where the corporation does business, and inserting in lieu thereof the words, in any county where the corporation has an office or agency for the transaction of its business; and by striking from the fifth line the words, offices of the corporation, and inserting in lieu thereof the words, officer or agent of the corporation in the county where the levy is made; and by striking from said section the last sentence thereof, so that, when amended, the said section shall read as follows: Shares in a bank or other corporation may be levied on and sold, either under an attachment or fi. fa. in any county where the corporation has an office or agency for the transaction of its business, notice of such levy being given to the defendant, if his residence be known, and also to the officer or agent of the corporation in the county where the levy is made. Such sales shall be made only by the Sheriff or his deputy; and Constables levying thereon shall turn over such levies to the Sheriff. Only one share shall be sold at once. The Sheriff shall give the purchaser a certificate of his purchase, which, on presentation to the officers of the corporation, shall authorize a transfer of the stock to him. Transfers of stock after levy of an attachment, or after judgment, and with said notice to the corporation of levy or judgment, are absolutely void. Sec. 2626 amended How and where shares in corporations may be levied on and sold SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 14, 1891.

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SECTION 3245. SPECIAL TERMS OF SUPERIOR COURTS FOR CIVIL OR CRIMINAL BUSINESS. No. 107. An Act to amend section 3245 of the Code of 1882, so as to provide for the holding of special terms of the Superior Courts for the disposition of civil business, 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 3245 of the Code of 1882 be, and the same is, hereby amended by adding after the word criminals, in the eighth line of said section, the words, or for the disposition of civil business, either or both, so that said section, as amended, shall read as follows: The Judges of the Superior Courts of this State may, in their discretion, hold adjourned terms of said courts in every county within their respective circuits, when the business requires it to close the dockets, and may, in the exercise of a sound discretion, cause new juries to be drawn for the same, or order the juries drawn for the regular term to give their attendance upon such adjourned terms: and such Judges are authorized to hold special terms of said courts for the trial of criminals, or for the disposition of civil business, either or both, in any county of their circuits, at discretion, and to compel the attendance of grand or petite jurors, either of a previous term or to draw new jurors for the same, according to the laws now in force. Sec. 3245 amended. Special terms may be held for either civil or criminal business. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. SECTION 3331. PRIORITY OF ATTACHMENTS OVER ORDINARY JUDGMENTS. No. 468. An Act to amend section 3331 of the Code, so as to give the lien of attachment priority over that of an ordinary judgment obtained on a suit filed after the levy of the attachment. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 3331 of the Code of Georgia be amended by adding thereto the following words, to-wit: Provided, however , that the lien of an attachment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment, so that said section, as amended, will read as follows: Sec. 3331 amended. Attachments given priority over ordinary judgments in suits filed after attachment levied.

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The lien of an attachment is created by the levy, and not the judgment on the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the levy which fixes the lien; provided, however , that the lien of an attachment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment. 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 September 19, 1891. SECTION 3409. SERVICE OF PROCESS IN SUITS AGAINST NON-RESIDENT CO-OPERATIVE OR ASSESSMENT INSURANCE SOCIETIES, ETC. No. 715. An Act to amend section 3409 of the Code of Georgia, by adding thereto the following: In suits upon any certificate or policy issued by non-resident religious or mutual aid societies, co-operative or assessment life insurance companies or societies, service upon any officer of a local lodge in this State shall be sufficient service upon such societies or companiesofficers of local lodges being hereby declared agents of such non-resident societies or companies, and such local lodges agencies of said companies or societies. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 3409 of the Code be, and the same is, hereby amended, by adding at the end thereof the following: In suits upon any certificate or policy issued by non-resident religious or mutual aid societies, co-operative or assessment life insurance companies or societies, service upon the chief executive officer, or the person acting officially for or as such chief executive officer, of a local lodge in this State, shall be sufficient service upon such societies or companieschief executive officer of local lodges being hereby declared agents of such non-resident societies or companies, and such local lodges agencies of said companies or societies, so that said section, when amended, shall read as follows: In all such suits service shall be perfected upon such insurance company by leaving a copy of the bill or writ with the agent of the company, if any. If no agent should be in the county, then at the agency or place of doing business, or where the same was located at the time such cause of action occurred, or the contract made out of which the same arose. In suits upon any certificate or policy issued by non-resident religious or mutual aid societies, co-operative or assessment life insurance

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companies or societies, service upon the chief executive officer, or the person acting officially for or as such chief executive officer of a local lodge in this State, shall be sufficient service upon such societies or companiesofficers of local lodges being hereby declared agents of such non-resident societies or companies, and such local lodges agencies of said campanies or societies. Sec. 3409 amended. Service in suits against non-resident assessment, etc., insurance companies SEC. II. Be it further enacted, That all laws and parts of laws [Illegible Text] in conflict with this Act be, and the same are, hereby repealed. Approved October 19, 1891. SECTION 3495. AMENDMENT OF EXECUTIONS. No. 375. An Act to amend section 3495 of the Code of Georgia of 1882 by striking therefrom all of said section after the word return, in the third line thereof, and substituting therefor the words, and such amendments shall in no way affect the validity of the fieri facias , nor shall the levy of said fieri facias fall or be in any manner invalidated thereby, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 3495 of the Code of Georgia be, and is, hereby amended by striking therefrom all of said section after the word return, in the third line thereof, and substituting therefor the words and such amendments shall in no manner affect the validity of the fieri facias , nor shall the levy of said fieri facias fall or be in any manner in validated thereby, so that said section, when amended, shall read as follows: Sec. 3495 amended Executions may be amended without affecting their validity or causing levy to fall. A fieri facias may be amended, so as to conform to the judgment from which it issued, and also as to the time of its return, and such amendments shall in no manner affect the validity of the fieri facias (nor shall the levy of said fieri facias ) fall or be in any manner invalidated thereby. 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 7, 1891. SECTION 3703. COMPENSATION OF COUNTY TREASURERS. No. 438. An Act to amend section 3703 of the Code of 1882, which fixes the compensation of County Treasurers by prescribing a limit for said compensation, and for other purposes. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 3703 of the Code, which fixes the compensation

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of County Treasurers, be, and the same is, hereby amended, at the end of the first sentence thereof, by adding after the words county funds, the words, provided , that in no case shall the compensation of County Treasurers exceed the sum of three thousand dollars per annum, so that said section, when amended, shall read as follows: Sec. 3703 amended. Compensation of County Treasurers not to exceed $3,000.00 County Treasurers' fees are as follows, to-wit: County Treasurers in the several counties of this State are entitled to receive two and one-half per cent. commission for receiving, and two and one-half per cent. commission for paying out, all sums up to ten thousand dollars; and one and one-fourth per cent. for receiving, and one and one-fourth per cent. for paying out, the excess over ten thousand dollars for receiving and paying out county funds; provided , that in no case shall the compensation of County Treasures exceed the sum of three thousand dollars per annum. For making his returns to the Grand Jury, $1 00 For making his returns to the Ordinary, 1 00 Provided , the provisions of this Act shall not apply to any officer now in commission until the termination of the term of office for which he is now commissioned. Provided , this Act shall not affect any local law now of force fixing the compensation of County Treasurers. SEC. II. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with Act be, and the same are hereby repealed. Approved September 15, 1891. SECTION 3777. ADMISSION IN EVIDENCE OF BOOKS OF ACCOUNT. No. 280. An Act to amend section 3777 of the Code of 1882, by adding after subdivision 1, of said section the following words: Or for any other reason the Clerk is disqualified from testifying. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, subdivision 1 of the above recited section of the Code be amended by adding after the word inaccessible, the words, or for any other reason the clerk is disqualified from testifying, so that said section, when amended, shall read as follows: The books of account of any merchant, shopkeeper, physician, blacksmith, or other person doing a regular business and keeping daily entries thereof, may be admitted in evidence as proof of such accounts upon the following conditions: Sub section 1 of sec. 3777 amended. Books admitted when clerk inaccessible or for other reason disqualified from testifying. 1. That he kept no clerk, or else the clerk is dead, or otherwise inaccessible, or for any other reason the clerk is disqualified from testifying.

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2. Upon proof (the party's oath being sufficient) that the book tendered is his book of original entries. 3. Upon proof (by his customers) that he usually kept correct books. 4. Upon inspection by the court, to see if the books are free from any suspicion of fraud. 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 11, 1891. SECTION 3869. RIGHT TO MAKE OPPOSITE PARTY WITNESS, BUT STILL IMPEACH ETC. No. 651. An Act to amend section 3869 of the Code, so as to provide for the more complete examination of certain witnesses, to preserve the right of impeachment, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 3869 of the Code be amended by adding the following words, to-wit; provided , that in the trial of all civil cases in any of the courts of this State, either plaintiff or defendant shall be permitted to make the opposite party to the suit, or any one for whose immediate benefit such suit is prosecuted or defended, a witness in said suit, with the privilege of subjecting such witness, to a thorough and sifting examination, and with the further privilege of impeachment, just as though the witness had testified in his own behalf and was being cross-examined, so that said section as amended, shall read as follows: A party may not impeach a witness voluntarily called by him, except where he can show to the court that he has been entrapped by the witness by a previous contradictory statement; provided , that in the trial of all civil cases in any of the courts of this State, either plaintiff or defendant shall be permitted to make the opposite party to the suit, or any one for whose immediate benefit such suit is prosecuted or defended, a witness in said suit, with the privilege of subjecting such witness to a thorough and sifting examination, and with the further privilege of impeachment, just as though the witness had testified in his own behalf, and was being cross-examined. Sec. 3869 amended. Opposite party may be made witness but still cross-examined and impeached. SEC. II. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 14, 1891.

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SECTION 3921. EXAMINATION OF BOOKS, ETC., OF COUNTY OFFICERS. No. 494. An Act to amend section 3921 of the revised Code of Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 3921 of the revised Code of Georgia be amended as follows: That in the seventh line of said section between the words County Treasurer and the word and the following words: Tax-Collector, Tax-Receiver, County School Commissioner, Sheriff and all other county officers now existing and that may hereafter be created; and if any of said officers be the custodians of county funds, or have in their possession funds belonging to the county, it shall be the duty of said officer to exhibit to said committee the funds on hand or claimed to be on hand by them, and it shall be the duty of said committee to count the same; and to add at the end of said section the following words, and should any of said officers fail or refuse to exhibit to said committee the funds on hand, or claimed by them to be on hand, that upon notice of that fact to the Judge of the Superior Court by said committee, it shall be his duty to compel the delivery of said funds to said committee for the purpose of counting the same, by mandamus or attachment, so that said section, when amended, will read as follows: Sec. 3921 amended Examination of books, etc., of county officers. County funds to be exhibited. And counted. Penalty for failure to exhibit funds. The grand juries of the counties of this State shall be authorized and empowered, when they deem it necessary to appoint any one or more of the citizens of the county to inspect and examine, during vacation, the offices, papers, books, records, accounts and vouchers of the Court of Ordinary for county purposes, Clerk of the Superior Court, County Treasurer, Tax-Collector, Tax-Receiver, County School Commissioner, Sheriff and all other county officers now existing and that may hereafter be created, and if any of said officers be the custodians of county funds by virtue of their office, or have in their possession funds belonging to the county, it shall be the duty of said officers to exhibit to said committee the funds on hand or claimed to be on hand by said officers, and it shall be the duty of said committee to count the same and to make a full and complete report of the finances, disbursements and conditions of the several offices to the grand jury at the succeeding term of the Superior Court, and should any of said officers fail or refuse to exhibit to said committee the funds on hand or claimed by them to be on hand, that, upon notice of that fact to the Judge of the Superior Court by said committee, it shall be his duty to compel the delivery of said funds to said committee for the purpose of counting the same, by mandamus or attachment. Section as amended. SEC. II. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 26, 1891.

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SECTION 3940. PAY OF CITY COURT JURORS. No. 303. An Act to amend section 3940 of the Code of Georgia of 1882, so as to allow Jurors in the City Courts of this State the same compensation as is allowed Jurors in the Superior Courts. 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 3940 of the Code of Georgia of 1882 be, and the same is, hereby amended, by adding after the words per diem. in the seventh line of said section, the following words, to-wit: And the same compensation shall be allowed to the jurors of the several City Courts in this State, as is allowed to the Jurors of the Superior Courts of the county in which such City Court may be located, so that said section, when so amended, shall read as follows: Commencing with the year 1879, and then for every-year thereafter, it shall be the duty of the first grand jury empaneled at the fall term of the Superior Courts of the several counties of this State to fix the compensation of jurors and Court Bailiffs in the Superior Courts of such county for the next succeeding year, such compensation not to exceed the sum of two dollars per diem: and the same compensation shall be allowed to the jurors of the several City Courts in this State, as is allowed to the jurors of the Superior Courts of the county in which such City Court may be located; and all laws, whether general or local, in conflict with the provisions of this section be, and the same are, hereby repealed. The provisions of this section shall be given in charge by the Judges of the several Superior Courts to the first grand jury empaneled at the fall term of said courts each year. Sec. 3940 amended. City Court jurors allowed same pay as Superior Court jurors. 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 August 20, 1891.

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SECTION 3976. REPLEVY BONDS IN MORTGAGE EXECUTION ILLEGALITIES. No. 271. An Act to amend section 3976 of the Code of Georgia of 1882, which provides for the taking of replevy bonds from mortgagors in cases of illegality filed to the foreclosure of mortgages on personalty, by changing the requirement in said section that such bonds shall be in double the amount of the mortgage fi. fa. , and to fix the amount of said bond in a sum not larger than double the amount of the execution levied; and when the property levied on is of less value than the execution, to fix the amount of such bond at double the value of the property levied upon, at a reasonable valuation, to be judged by the levying officer, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 3976 of the Code of 1882 be amended by striking out of the fourth line of said section the words, in double the amount of such execution, and in writing in the place thereof the following words: in a sum, not larger than double the amount of the execution levied, and where the property levied on is of less value than the execution, the amount of the bond shall be double the value of the property levied upon, at a reasonable valuation, to be judged by the levying officer, so that said section, as amended, shall read as follows: When an affidavit of illegality shall be filed, as in the preceding section provided for, and the mortgagor, or his special agent or attorney, shall give bond, with good and sufficient security, in a sum not larger than double the amount of the execution levied, and when the property levied on is of less value than the execution, the amount of the bond shall be double the value of the property levied upon at a reasonable valuation, to be judged by the levying officer, conditioned for the return of the property when called for by the levying officer, which bond shall be made payable to the plaintiff, who may sue thereon for condition broken; the levying officer shall postpone the sale of said property, and return all the proceedings and papers in the case to the court from which the execution issued, where the issue shall be tried, as other cases of illegality, and the jury shall be sworn to give at least twenty-five per cent. damages to the plaintiff on the principal sum in case it shall appear that the affidavit was made for delay only; and when the mortgagor is unable from poverty to give the bond as required and security, and will make affidavit of the fact, stating also in said affidavit that he has been advised and believes that his grounds of illegality will be sustained, such affidavit shall be accepted by the levying officer in lien of the bond and security hereinbefore provided for; but the

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property shall remain in the hands of the levying officer, unless sold under special order of court, under section 3648 of this Code. Sec. 3976 amended. Amount of replevy bonds. Section as amended. SEC. II. Be it further enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same ar, hereby repealed. Approved August 6, 1891. SECTION 4250. WHAT CAUSES MAY BE TAKEN TO SUPREME COURT. No. 691. An Act to amend section 4250 of the Code of Georgia, by adding thereto, in the fifth line thereof, after the word cause, the words or final as to some material party thereto. 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 4250 of the Code of Georgia of 1882 be amended as follows, to-wit: By inserting in the fifth line thereof, after the word cause, the following words: or final as to some material party thereto, so that said section, when amended, will read as follows, to-wit: No cause shall be carried to the Supreme Court upon any bill of exceptions, so long as the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause, or final as to some material party thereto; but, at any stage of the cause, either party may file his exceptions to any decision, sentence or decree of the Superior Court; and if the same is certified and allowed, it shall be entered of record in the cause; and should the case at its final determination be carried, by writ of error, to the Supreme Court by either party, error may be assigned upon such bills of exception, and a reversal and new trial may be allowed thereon, when it is manifest that such erroneous decision of the court has or may have affected the final result of the case. Sec. 4250 amended. If judgment sought would have been final as to material party case may be taken to Supreme Court. SEC. II. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved October 16, 1891.

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SECTION 4372. OBSCENE, ETC., LANGUAGE IN PRESENCE OF FEMALES, ETC. No. 222. An Act to alter and amend section 4372 of the Code of 1882, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that section 4372 of the Code of 1882 be amended by adding, in the fourth line from the top after the word vulgar and before the word language, the following, viz.: or profane, and by further adding after the word female and before the word shall, in the fifth line from the top, the following, viz.: or by indecent or disorderly conduct in the presence of females on passenger cars, street cars, and other places of like character; and by adding after the word section, in the eighth line from the top, the following, viz.: that are committed in any other place than on passenger cars, street cars and other places of like character so that said section, when amended, will read as follows, viz.: Any person who shall, without provocation, use to or of another, and in his presence, opprobrious words or abusive language tending to cause a breach of the peace, or who shall, in like manner, use obscene and vulgar or profane language in the presence of a female, or by indecent or disorderly conduct in the presence of females on passenger cars, street cars, and other places of like character, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of this Code; provided , no court in this State shall have jurisdiction to inquire into offences set forth in this section that are committed in any other place than on passenger cars, street cars and other places of like character, except upon presentment made, or indictment found, by the grand jury of the county in which the offence has been committed. Sec. 4372 amended Use of profane language in presence of females. Indecent or disorderly conduct in presence of females on cars, etc. Such offences in places other than on cars, etc., not to be inquired except upon indictment, etc. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. SECTION 4391. PENALTY FOR ROBBERY. No. 707. An Act to amend section 4391 of the Code of 1882 of the State of Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same,

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That from and after the passage of this Act section 4391 of the Code of 1882, of the State of Georgia, which reads as follows: Robbing by intimidation, or without using force and violence, shall be punished by imprisonment and labor in the penitentiary for any time not less than two years nor longer than five years, be amended by striking out the word five, in the last line of said section, and inserting in lieu thereof the word twenty, so that said section, when so amended, will read as follows: Robbing by intimidation, or without using force or violence, shall be punished by imprisonment and labor in the penitentiary for any time not less than two years, nor longer than twenty years. Sec. 4391 amended. Penalty for robbery by intimidation 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 17, 1891. SECTION 4406. PENALTY FOR LARCENY OF BONDS, NOTES, ETC. No. 705. An Act to amend section 4406 of the Code of 1882, relating to the larceny of bonds, notes, etc., and prescribing a penalty therefor, so as to make the larceny a misdemeanor when the property stolen is under the value of fifty dollars, and prescribe 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, section 4406 of the Code of 1882 be, and the same is, hereby amended, by adding thereto the following words, to-wit: when the property stolen is of the value of fifty dollars or more; and when the property stolen, is under the value of fifty dollars, such person shall be punished as prescribed in section 4310 of the Code of 1882, so that, when amended, said section shall read as follows: If any person shall take and carry away any bond, note, bank bill, due bill or paper, or papers securing the payment of money or other valuable thing, or any receipt, acquittance or paper, or papers operating as a discharge for the payment of money, or other things belonging to another, with intent to steal the same, such person shall be guilty of simple larceny, and be punished by imprisonment and labor in the penitentiary for any time not less than one year, nor longer than four years, when the property stolen is of the value of fifty dollars or more: and when the property stolen is under the value of fifty dollars, such person shall be punished as prescribed in section 4310 of the Code of 1882. Sec. 4406 amended. Penalty for larceny of bonds, notes, etc. SEC. II. Be it further enacted by the authority aforesaid, and it

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is hereby 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 17, 1891. NOTE BY COMPILER.For defect this Act seems to partly remedy. See Allen vs. State, 86 Ga. Rep. p. 399. SECTION 4408. PUNISHMENT FOR LARCENY FROM VESSEL. No. 93. An Act to amend section 4408 of the Code of 1882 by inserting after the word punished, in the fourth line of said section, the words when any article so taken is under fifty dollars in value, as prescribed in section 4310 of the Code of 1882, and when of, or more than, the value of fifty dollars. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That section 4408 of the Code of 1882 be, and the same is, hereby amended by inserting after the word punished, in the fourth line of said section, the following words: when any article so taken is under fifty dollars in value, as prescribed in section 4310 of the Code of 1882, and when of, or more than, the value of fifty dollars, so that said section, when amended, will read as follows: Plundering or stealing any article of value from a vessel in distress, or from a wreck, or any other vessel, boat or water-craft within the jurisdictional limits of this State, is simple larceny, and shall be punished, when any article so taken is under fifty dollars in value, as is prescribed in section 4310 of the Code of 1882, and when of or more than the value of fifty dollars, by imprisonment and labor in the penitentiary for any time not less than one year nor longer than five. Sec. 4408 amended. Penalty for larceny from vessel, 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 December 24, 1890. SECTION 4625(c). OBSTRUCTING PASSAGE OF FISH. No. 753. An Act to amend section 4625(c) of the Code of 1882, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is enacted by the same, That from and after the passage of

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this Act, section 4625(e) of the Code of Georgia of 1882 be, and the same is, hereby amended, by striking from the third line of said section the words month of, and inserting after the words ten feet, in the fourth line, the words for rivers and one-third the channel of creeks or any fresh water drain, and by inserting after the word any and before the word river, in third line of said section, the words fresh water, and by striking the word all after the word and and before the word persons, in the tenth line of said section, and inserting in lieu thereof the Sheriff of the county upon complaint of, so that said section, when amended, shall read as follows: It shall not be lawful for any person, or persons, to construct, erect or place in the waters of any river or creek, or any fresh water drain in this State, any dam, trap, net, seine, or other device for catching fish, unless the main channel of such stream is left open for a space of ten feet for rivers and one-third channel of creeks, at low water mark, un-obstructed for the free passage of fish up or down such stream. And any person or persons violating the provisions of this section shall be guilty of a misdemeanor, and on conviction in any court having jurisdiction of like offences, in any of the counties through which such stream passes, shall be punished as prescribed in section 4310 of the Code; and the Sheriff of the county, upon complaint of persons in the territory of such obstructions, shall have full authority to break and open any dam, net or other obstruction, now in such waters, or that may hereafter be placed in them, for the space of ten feet for rivers and one-third of creeks, or any fresh water drain at low water mark, so as to fully carry out this section; provided , that nothing herein contained shall be so construed as to interrupt dams that are now or may hereafter be made for milling or manufacturing purposes. Sec. 4625(c) as to obstructing passage of fish, amended. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891. SECTION 4812. EXPENSES OF TRIALS FOR ESCAPES AND OTHER CRIMES OF PENITENTIARY CONVICTS. No. 92. An Act to amend section 4812 of the Code of Georgia of 1882, which provided for the payment of expenses of all trials for escape or attempts to escape from the penitentiary, so as to provide for the payment of the expenses of trials for all other crimes committed by penitentiary convicts, while confined in the penitentiary. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act. section 4812 of the Code of Georgia of

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1882, which provides for the payment of the expenses of trials for all escapes or attempts to escape from the penitentiary, be, and the same is, hereby amended, by inserting between the words escape and shall in the second line of said section, the following words, to-wit: And for all other crimes committed by penitentiary convicts while confined in the penitentiary, so that said section, when amended, shall read as follows, to-wit: The expenses of all trials for escapes from the penitentiary or attempts to escape and for all other crimes committed by penitentiary convicts, while confined in the penitentiary, shall be paid by the State, upon a bill of costs to be certified by the judge trying the case. Sec. 4812 amended. So as to provide for expense of trial for other crimes of 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 December 24, 1890.

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TITLE V . SUPERIOR, CITY AND COUNTY COURTS. ACTS. Transferring Laurens County from Oconee to Ocmulgee Circuit. Creating the Tallapoosa Circuit. Judicial Calendar for Tallapoosa Circuit. Changing Terms of Baker Superior Court. Changing Terms of Superior Courts of Rome Circuit. Changing Spring Terms of Burke Superior Court. Amending Act Changing Spring Terms of Burke Superior Court. Changing Terms of Dodge Superior Court. Changing Terms of Morgan Superior Court. Changing Terms of Baldwin Superior Court. Transferring Douglas County to Tallapoosa Circuit, and Changing Terms of Superior Court. Rearranging Flint and Stone Mountain Circuits. Changing Terms of Greene Superior Court. Changing Terms of Echols Superior Court. Providing for City Courts in Counties with Population of 15,000 or More. Changing Terms of Lee Superior Court. Disposition of Dockets, Records, etc., of Abolished County Courts. Appointment and Qualifications of Solicitors of County Courts. Changing Terms of Irwin Superior Court. TRANSFERRING LAURENS COUNTY FROM OCONEE TO OCMULGEE CIRCUIT. No. 6. An Act to transfer the county of Laurens from the Oconee Judicial Circuit to the Ocmulgee Judicial Circuit. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the county of Laurens be, and the same is, hereby transferred from the Oconee Judicial Circuit to the Ocmulgee Judicial Circuit. Laurens county transferred to Ocmulgee Circuit. 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 26, 1890.

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CREATING THE TALLAPOOSA CIRCUIT. No. 7. An Act to create and organize a new Judicial Circuit of the Superior Courts of the State. SECTION I. Be it enacted by the General Assembly of Georgia, That a new Judicial Circuit of the Superior Courts of this State to be called the Tallapoosa Circuit, be, and the same is, hereby created and organized, to be composed of the counties of Polk, Paulding and Haralson. Name of circuit. Counties composing it. SEC. II. Be it further enacted by the authority aforesaid, That a judge of said circuit shall be elected by the General Assembly at the present session, to hold office for the term of four years from January the first, eighteen hundred and ninety-one (1891), and that a successor be elected regularly for succeeding terms of four years, as judges of the Superior Courts are required to be elected by the Constitution and laws of the State; and that a Solicitor-General for said circuit be elected by the General Assembly at the present session, to hold office for two years from January the first, eighteen hundred and ninety-one (1891), and that a successor be elected regularly for succeeding terms of four years as Solicitor-Generals are required to be elected by the Constitution and laws of the State. Judge. Solicitor-General. SEC. III. Be it further enacted by the authority aforesaid, That all petitions, motions, mesne and final processes, summonses and other proceedings issued and returnable or pending in the several counties in the circuits to which they belonged before the passage of this Act, shall relate to and hold good in the courts of the new circuit; provided , that this bill shall not be construed as in any way effecting processes or the jurisdiction of the judge of the Rome Circuit in the counties of the new circuit until January the first, eighteen hundred and ninety-one (1891). Disposition of business, etc., now pending. Not to affect processes, etc., in counties which were in Rome Circuit, until Jan. 1, 1891. 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 26, 1890. JUDICIAL CALENDAR FOR TALLAPOOSA CIRCUIT. No. 119. An Act to fix the time of holding the courts in the various counties composing the Tallapoosa Circuit of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the time of the Superior Courts of the counties of

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the Tallapoosa Circuit shall be hereafter as follows, to-wit: For the county of Haralson the third and fourth weeks in January and July: for the county of Polk the fourth Mondays in February and August, and continuing five weeks if necessary: and for the county of Paulding the first and second weeks in January and August. Haralson. Polk. Paulding. SEC. II. Be it further enacted by the authority aforesaid, That all petitions, bills, writs, summonses, mesne and final processes, and other proceedings of whatever kind, now returnable and pending in the said several courts, as the terms are now provided for, shall hold good and relate to the terms of said courts, as provided for in this Act. Petitions, etc., now pending hold good for terms provided in this Act. SEC. III. Be it further enacted by the authority aforesaid, That two grand juries may, in the discretion of the presiding Judge, be drawn for each of the regular terms of Polk and Haralson courts, one for the first and one for the third week of such regular terms, each to serve two weeks, unless sooner discharged by the presiding Judge, and one grand jury for each regular term of Paulding court, to serve two weeks unless sooner discharged by the court, and one traverse jury for each week of the regular terms of all said courts, and the judge of said courts may draw grand and traverse jurors for adjourned terms of said courts. Grand juries for Polk and Haralson. For Paulding. Traverse juries. Adjourned terms. SEC. IV. Be it further enacted by the authority aforesaid, That the Judge of said Tallapoosa Circuit shall have authority, at any time after his qualification, to draw grand and traverse juries in accordance with the provisions of this Act, for each of the Spring terms of said courts to be held in 1891. Jurors for spring terms, 1891. SEC. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. CHANGING TERMS OF BAKER SUPERIOR COURT. No. 18. An Act to change the time of holding the Superior Courts of the county of Baker, Albany Judicial Circuit, 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 terms of holding the Superior Courts of the county of Baker, State of Georgia, in the Albany Judicial Circuit, which are now held on the second Mondays in March and September each year, be, and are, hereby changed to the first Mondays in May and November, each year. Terms changed to first Mondays in May and November. SEC. II. Be it further enacted, That suits now brought, or to be brought before the passage of this Act, which are returnable to the

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second Mondays in March and September, shall be returnable to the first Mondays in May and November. Suits to be returned to new terms. SEC. III Be it further enacted, That all conflicting laws are hereby repealed. Approved December 4, 1890. CHANGING TERMS OF SUPERIOR COURTS OF ROME CIRCUIT. No. 233. An Act to change the time for holding the Superior Courts in the several counties composing the Rome Judicial Circuit of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That, beginning with the year 1891, the terms of the Superior Courts for the several counties composing the Rome Judicial Circuit of this State shall be as follows, to-wit: For the county of Floyd, on the fourth Mondays in March and September; for the county of Walker, on the third Mondays in February and August; for the county of Chattooga, on the second Mondays in March and September. Terms changed. Floyd. Walker. Chattooga. SEC. II. Be it further enacted by the authority aforesaid, That all petitions, writs, summons, mesne and final processes, and all other proceedings of whatever kind, now pending in, or returnable to, the said Superior Courts, as the terms are now fixed, shall hold good, relate to and be returnable, by virtue of this Act, to the terms of said courts as provided for herein. Petitions, etc., to be returned to new terms. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. CHANGING SPRING TERMS OF BURKE SUPERIOR COURT. No. 244. An Act to change the time of holding the Spring Session of the Superior Court of Burke county from June to May, 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 time of holding the Spring term of the Burke Superior Court shall be changed from the first Monday in June to the first Monday in May, so that said court

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shall be held on the first Mondays in May and December, the length of said term to remain as now fixed by law. Spring term changed to first Monday in May SEC. II. Be it further enacted, That all business that is now pending in said court, and is returnable to the June term, 1891, shall be returned by the Clerk of the Superior Court of said county to the May term, 1891. And all business that shall hereafter originate in said court, and that would have been returnable to the June term, 1891, shall be returnable by the Clerk to the May term, 1891, the said May term to stand in lieu and place of said June term. Business now pending to be returned to new term. So of business hereafter originating which would have been returnable to June term, 1891. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. AMENDING ACT CHANGING SPRING TERMS OF BURKE SUPERIOR COURT. No. 578. An Act to amend an Act entitled an Act, approved December 29, 1890, to change the time of holding the Spring Session of the Superior Court of Burke county from June to May, 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 above recited Act be amended by striking the words, first Monday in May wherever they occur in said above recited Act, and substitute in place thereof the words, third Monday in May. Spring terms changed to third Monday in May SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, repealed. Approved October 6, 1891. CHANGING TERMS OF DODGE SUPERIOR COURT. No. 402. An Act to change the time of holding the Superior Court of the county of Dodge, 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 time of holding the Superior Court of the county of Dodge shall be two weeks at each term of court, as now provided by law, to commence on the

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second Monday in March and on the second Monday in September, instead of the fourth Monday in February and the fourth Monday in August, as now provided. Terms changed to second Mondays in March and September. SEC. II. Be it further enacted, That all writs, suits, processes, orders, summons and other proceedings returnable to said court prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed, and the jurors drawn for the terms of said court, as they were prescribed before the passage of this Act, are required to attend and serve for the terms prescribed and designated by this Act, without further notice or summons. Disposition of business. Jurors. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. CHANGING TERMS OF MORGAN SUPERIOR COURT. No. 542. An Act to change the time of holding the Superior Courts of the county of Morgan, 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 terms of the Superior Courts of Morgan county, which are now held on the first Mondays in March and September each year, be, and the same are, hereby changed to the fourth Mondays in February and August of each year. Terms changed to fourth Mondays in February and August SEC. II. Be it further enacted, That suits now brought, or hereafter brought, in criminal cases, and all causes, of whatever kind, shall be returnable and stand for trial in accordance with the changes made in the first section of this Act. Disposition of business. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 5, 1891. CHANGING TERMS OF BALDWIN SUPERIOR COURT. No. 585. An Act to change the time of holding the Superior Courts of the county of Baldwin, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the terms of the Superior Court of Baldwin county, which are now held on the third Mondays in January and July each year, be, and the same are, hereby changed to the second Mondays in January and July each year. Terms changed to second Mondays in January and July.

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SEC. II. Be it further enacted by the authority aforesaid, That suits now brought, or that may hereafter be brought, and all causes, of whatever kind, and criminal cases, shall be returnable and stand for trial in accordance with the provisions and changes made and set forth in the first section of this Act. Disposition of business. SEC. III. Be it further enacted, That all conflicting laws be, and the same are, hereby repealed. Approved October 6, 1891. TRANSFERRING DOUGLAS COUNTY TO TALLAPOOSA CIRCUIT AND CHANGING TERMS OF SUPERIOR COURT. No. 639. An Act to transfer the county of Douglas from the Stone Mountain Circuit to the Tallapoosa Circuit, to change the time of holding Superior Court in Douglas county, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the first day of January, 1892, the county of Douglas, in the Stone Mountain Judicial Circuit, be, and the same is, hereby transferred to the Tallapoosa Judicial Circuit; provided ,, this Act does not affect the office of Solicitor-General of the Store Mountain Circuit during his present term of office, and he is still authorized to discharge the duties of said office during said term. Douglas county transferred to Tallapoosa Circuit. Not to affect Solicitor-General Stone Mountain Circuit during his present term. SEC. II. Be it further enacted, That the time of holding the Superior Court in said county of Douglas shall be on the second Monday in February and the third Monday in November, to be held two weeks at each term. Terms changed to second Monday in February and third in November, Jurors for for February term, 1892. SEC. III. Be it further enacted, That the Judge of the Stone Mountain Circuit shall draw grand and traverse jurors to serve at the first regular term of court, to be held under the provisions of this Act on the second Monday in February, at the adjourned term of court, to be held on the fourth Monday in November, 1891. SEC. IV. 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. Disposition of business. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 12, 1891.

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REARRANGING FLINT AND STONE MOUNTAIN CIRCUITS. No. 732. An Act to rearrange the Flint and Stone Mountain Circuits by taking from the Flint Circuit the counties of Rockdale and Newton, and adding said counties to the Stone Mountain Circuit, 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, That from and after the first day of January, 1892, the counties of Rockdale and Newton shall become a part of the Stone Mountain Judicial Circuit, and shall cease to be a part of the Flint Judicial Circuit, and the terms of the courts of said circuits shall be held at the same time as they are now held. Rockdale and Newton counties transferred to Stone Mountain Circuit. Terms of courts. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891. CHANGING TERMS OF GREENE SUPERIOR COURT. No. 697. An Act to change the time of holding the Superior Court of the county of Greene, 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 terms of the Superior Court of Greene county, which are now held on the second Mondays in March and September each year, be, and the same are, hereby changed to the second Monday in February and August of each year. Terms changed to second Mondays in February and August. SEC. II. Be it further enacted, That suits now brought or hereafter brought in criminal cases and all cases of whatever kind shall be returnable and stand for trial in accordance with the change made in the first section of this Act. Disposition of business. SEC. III. Be it further enacted, That all conflicting laws are hereby repealed. Approved October 16, 1891. CHANGING TERMS OF ECHOLS SUPERIOR COURT. No. 708. An Act to change the time of holding the Superior Court for Echols county. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that the time of holding

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the Superior Court of Echols county shall be changed from the second Mondays in March and the fourth Mondays in September, to Tuesday of the same weeks in each year. Terms changed to second Tuesday in March and fourth Tuesday in September. SEC. II. Be it further enacted, That all bills, writs and processes, returnable to the terms and days as now fixed by law, shall be returnable to the terms and days fixed by this Act, and all jurors and witnesses summoned to said court, shall attend the terms as herein provided. Disposition of business. Jurors and witnesses. 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 17, 1891. PROVIDING FOR CITY COURTS IN COUNTIES WITH POPULATION OF 15,000 OR MORE. No. 720. An Act to establish City Courts in counties having a population of fifteen thousand or more, where the same do not now exist, upon the recommendation of the Grand Juries of said counties; to define the powers, mode of selecting officers and jurisdiction of the same, 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 the authority of the same, That from and after the passage of this Act, that upon the recommendation of the grand jury of any county of this State, having a population of fifteen thousand or more, where the same does not now exist, there shall be, and the same is, hereby established a City Court for said county; the powers, jurisdiction, officers and mode of selecting them of said court shall be the same as now prescribed by the Act creating the City Court of the city of Macon, approved August 14, 1885. City Courts established on recommendation of grand jury. Powers, jurisdiction, etc. SEC. II. Be it further enacted, That the grand jury, voting to establish said court, shall at the same time fix the salary of the judge and the pay of such other officers as are necessary for said court, whose compensation is not now fixed by law. Salaries of officers. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed Approved October 19, 1891.

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CHANGING TERMS OF LEE SUPERIOR COURT. No. 728. An Act to change the time of holding the Superior Courts of the county of Lee in the Southwestern Circuit from the first Monday in May and November to the first Mondays in March and September, and provide for 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 the term of holding the Superior Courts of Lee county, in the Southwestern Circuit, shall be changed from the first Mondays in May and November to the first Mondays in March and September in each year. Terms changed to first Mondays in March and September. SEC. II. Be it further enacted, That all suits, writs, summonses, processes, orders and proceedings, pending in and returnable to said court prior to the passage of this Act, shall be held and considered as returnable to the terms herein fixed and prescribed, and the grand and traverse jurors which have been or may be drawn for the terms as prescribed, prior to the passage of this Act, shall be required to attend and serve as said jurors for the terms fixed and prescribed by this Act. Disposition of business. Jurors. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891. DISPOSITION OF RECORDS, DOCKETS, ETC., OF ABOLISHED COUNTY COURTS. No. 730. An Act to require all the records, dockets, and papers belonging to the County Courts, that have been heretofore, or may be hereafter, abolished in this State, to be deposited in the office of the Clerks of the Superior Courts of the several counties, where the same has not been so provided for by the abolishing Act, and to authorize said Clerks to make such entries on the records and dockets of the same, as they are now authorized to do on records and dockets now in the offices of Clerks of the Superior Courts. SEC. I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all the records, dockets and papers belonging to such County Courts, as have been, or may be hereafter, abolished in this State, be deposited in the Clerks offices of the Superior Courts of the several counties in this State, for safe keeping, and the said Clerks of the Superior Courts are hereby authorized and required to make all such entries on said records, as may be required of them on the records and dockets, now in their own offices. Records, dockets, etc., to be deposited with Clerks Superior Courts. Who shall make legal entries on them.

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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 20, 1891. APPOINTMENT AND QUALIFICATIONS OF SOLICITORS OF COUNTY COURTS. No. 781. An Act to provide for the appointment and qualification of Solicitor of the County Court in the several counties of this State where County Courts now are or may hereafter be established. SECTION I. The General Assembly do enact, That from and after the passage of this Act the Governor of this State, with the advice and consent of the Senate, shall appoint a Solicitor of the County Court for each county in this State, where a County Court now is or may hereafter be established, for a term of two years, or until their successors are appointed and qualified, if the grand jury of the county, in which the court is located, shall, by a two-thirds' vote, so recommend. If the Senate be in session at the time of such appointment, then such appointee shall not qualify or enter upon his duties until his said appointment is confirmed by the Senate. If the Senate be not in session, such appointee shall hold only until the Senate shall have passed upon his said appointment in executive session; upon his said appointment by the Governor, if the Senate be not in session, or upon his confirmation by the Senate, if in session, such appointment shall be certified by the Governor to the authorities of the county, wherein such court is established, together with a commission for such appointee, to be delivered to him on his filing his oath, as now required by law of county officials, and making and filing a bond with the authorities having charge of county business, in the sum of one thousand dollars conditioned as all bonds of the Solicitors-General of the several judicial circuits of this State. Such Solicitors of the County Court shall have the same fees as Solicitors-General have for similar services, to be paid exclusively from the fines and forfeitures of the County Court; provided , nothing in this Act shall be construed to affect or repeal any local law now existing in any county providing for the appointment, commission, qualification, or compensation of such Solicitor of the County Court. How appointed. Terms of office. Confirmation of appointment. Commission, etc. Oath and bonds. Fees. Not to affect local laws. SEC. II. 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 October 21, 1891.

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CHANGING THE TERM OF IRWIN SUPERIOR COURT. No. 784. An Act to change the time of holding the Superior Courts of the county of Irwin, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the terms of the Superior Courts for the county of Irwin in this State shall begin and be holden on the first Mondays in April and October, in each year. Terms changed to first Mondays in April and October. SEC. II. Be it further enacted by the authority aforesaid, That all suit, writs, processes, warrants and other proceedings in said Superior Court shall be returnable to said terms, as now provided by law. Disposition of business. SEC. III. Be it further enacted, That all conflicting laws be, and the same are, hereby repealed. Approved October 21, 1891.

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TITLE VI . COUNTY OFFICERS. ACTS. Fees of Sheriffs and Clerks in Divorce Suits. Tax-Collectors Made Ex Officio Sheriffs in Certain Cases. Prohibiting Holding More than One County Office at Same Time. County Administrators Made Ex Officio County Guardians. Changing Manner of Selecting County Commissioners. Recording Bonds of County Treasurers, Tax-Collectors and Receivers in Certain Cases. Bonds of and Settlements by Tax-Collectors of Counties with Population of 30,000 or More. FEES OF SHERIFFS AND CLERKS IN DIVORCE SUITS. No. 301. An Act to prescribe and make more certain the fees of Clerks and Sheriffs of the Superior Courts of this State, in the matter of divorce suits brought before said courts. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that the Clerks and Sheriffs of the Superior Courts of this State shall not be required to file or docket any divorce case or proceeding, until six dollars shall have been deposited with the Clerk on account of costs for said Clerk and Sheriff of the county wherein said divorce case or proceeding shall be had, which cost shall be divided, as far as it goes, pro rata between the said Clerk and Sheriff, according to the duties performed by each before the said deposit is exhausted. If the said case or proceeding be dismissed after paying the Clerk and the Sheriff, as aforesaid, if any of the said deposited sum remains in the hands of the Clerk, it shall be repaid to the party by whom this said six dollars was deposited, when called for. Deposit of cost required. Division of cost. Where suit dismissed disposition of surplus. 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 17, 1891.

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TAX-COLLECTORS MADE EX OFFICIO SHERIFFS IN CERTAIN CASES. No. 400. An Act to make Tax-Collectors in all the counties of this State which contain a population of seventy-five thousand (75,000), or more, ex officio Sheriffs in certain cases, and to allow them to appoint Deputies, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, That from and after the first of January, 1893, the Tax-Collectors of the several counties of this State, which contain a population of seventy-five thousand people or more, shall be ex officio Sheriffs, in so far as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and said Tax-Collectors shall not be allowed to turn over any tax executions to the Sheriffs, or to any other levying officials of the said State, except when it may become necessary, for the purpose of enforcing the same, to send said executions to any other county or counties than that in which issued; but said Tax-Collectors, by virtue of their office, shall have full power and authority to levy all tax executions heretofore or hereafter to be issued by them in their respective counties; and the compensation of said Tax-Collectors shall not exceed fifty cents for issuing each fi. fa. , and for levying and selling, the same fees as are now allowed by law to the Sheriffs of said State, and said Tax-Collectors shall have full power to bring property to sale, and sales made by them shall be valid, and shall carry the title to property thus sold as fully and completely as if made by the Sheriffs of said counties. In counties with population of 75,000 or more. Tax-Collectors ex officio sheriff's for levy and sale under tax executions. Tax executions not to be turned over to other officers. Except when necessary to enforce. Fees for issuing, levy and sales. Powers of such tax-collectors and effect of sale. SEC. II. Be it further enacted by the authority aforesaid, That all levies and sales made by the Tax-Collectors as ex officio Sheriffs, under the provisions of this Act, shall, as to the time, place and manner, and in all other respects, conform to, and be controlled by, the general laws of the State regulating sales under tax fi. [Illegible Text] . Levies and sales to conform to general law. SEC. III. Be it further enacted by the authority aforesaid, That Tax-Collectors in counties coming under the provisions of this Act shall have the power to appoint one or more deputies, who shall be vested with the same powers as to levy and collections as is vested in the Tax-Collectors; the said Tax-Collectors shall be responsible for the acts of said deputies, and their compensation shall be paid by said Tax-Collectors. Deputies. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved September 11, 1891.

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PROHIBITING HOLDING MORE THAN ONE COUNTY OFFICE AT SAME TIME. No. 414. An Act to prohibit in this State the holding of more than one county office by one person, at any one time, 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 hold, in any manner whatever, or be commissioned to hold at one time, more than one county office, except by special enactment of the Legislature heretofore or hereafter made; nor shall any commissioned officer be deputy for any other commissioned officer, except by such special enactment. Only one office to be held. Except by special enactment. Commissioned officer not to be deputy for another 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 11, 1891. COUNTY ADMINISTRATORS MADE EX OFFICIO COUNTY GUARDIANS. No. 714. An Act to make County Administrators ex officio County Guardians, prescribe their duties, 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 all County Administrators now in office, or which may hereafter be appointed under the Act creating the office of County Administrator, approved September 27, 1883, be, and are, hereby made ex officio County Guardians, who shall accept all appointments as guardian in cases where there are no application for letters of guardianship, and a necessity for a guardian exists. County administrators made county guardians. SEC. II. Be it further enacted by the authority aforesaid, That said County Administrators shall, in addition to the bond provided for in the second section of said Act creating the office of County Administrator, give another bond, with good security, to be judged of by the Ordinary, in the sum of five thousand dollars, payable to the Ordinary for the benefit of all concerned, and shall be attested by him or his deputy, and shall be conditioned for the faithful discharge of the duties of County Guardians, as required by law; suits thereon may be brought by any person aggrieved by the misconduct of the County Guardian, as provided by law for suits on the bonds of other guardians. Bond as such. Suits on.

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SEC. III. Be it further enacted by the authority aforesaid, That the Ordinary shall grant to said County Guardian separate letters of guardianship upon each appointment, and he shall be subject to all liabilities, and entitled to all the rights, privileges and emoluments as is prescribed by law for other guardians, and he shall be governed and controlled by the law provided for other guardians. Letters of guardianship. Liabilities, rights, etc. SEC. IV. Be it further enacted by the authority aforesaid, That the Ordinary shall have authority to require additional security upon all bonds or an additional bond with security, whenever the Ordinary may deem it best for all parties concerned, or whenever it shall be made to so appear to said Ordinary by any other person in interest or as prochein ami . Additional security. SEC. V. Be it further enacted by the authority aforesaid, That all the provisions of the said Act creating the County Administrator applicable to the duties and powers conferred by this Act, be, and are, hereby made part of the same. Provisions of Act creating county administrators applied. SEC. VI. Be it further enacted by the authority aforesaid, That all laws, and part of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 19, 1891. CHANGING MANNER OF SELECTING COUNTY COMMISSIONERS. No. 719. An Act to change the manner of selecting Commissioners of Roads and Revenues in counties of the State where the same are now elected by the qualified voters of said counties, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, in any county of this State where the Commissioners of Roads and Revenues are now elected by the qualified voters of said county, the manner of selecting said Commissioners shall, upon the recommendation of two successive grand juries thereof, be changed from an election by the qualified voters of said county to an election by the grand jury first sitting, after the expiration of the terms of said Commissioners respectively, and those they selected shall hold their office for the terms, and in the same manner now prescribed by law. In counties where elected by popular vote. Upon recommendation of grand juries. To be selected by grand jury. Terms of office. SEC. II. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved October 19, 1891.

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RECORDING BONDS OF COUNTY TREASURERS, TAX-COLLECTORS AND RECEIVERS IN CERTAIN CASES. No. 749. An Act to provide for recording the bonds of County Treasurers, Tax-Collectors and Tax-Receivers in cases where one or more sureties on such bonds own real estate outside of the county wherein such officer holds such office. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in all cases where one or more sureties on the bond or bonds of County Treasurers, Tax-Collectors or Tax-Receivers shall own real estate in any county or counties other than the county in which such officer or officers shall hold such office, such bond or bonds, within thirty days after the execution thereof, shall be recorded in the county or counties wherein such real estate is situated by the Ordinary of such county or counties, or if the fiscal affairs of such county or counties are or shall be by law committed to a Board of Commissioners, such bond or bonds shall be recorded within thirty days after its execution by such Board, in the book of record of bonds of County Officers. Where sureties own realty in other counties. Bonds to be recorded there. SEC. II. Be it further enacted, That after the bond or bonds of any such officer or officers shall have been accepted and recorded in the county in which such an officer holds such office, the Ordinary or Board of Commissioners of such county, if there be such Board, shall forward the same to the Ordinary or Board of Commissioners in each county in this State, other than the county where such officer holds such office, in which any one or more sureties on such bond or bonds shall own any real estate, and such Ordinary, or Board of Commissioners to whom such bond shall be sent, shall record the same in accordance with the first section of this Act. Bonds to be forwarded for record. And to be recorded by whom. SEC. III. Be it further enacted, 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 real estate of any surety on the bond or bonds of any County Treasurer, Tax-Collector or Tax-Receiver in this State, situated in any county other than that in which such officer or officers shall hold such office, no such real estate of such surety or sureties shall be bound from the date of such bond or bonds, unless such bond or bonds shall have been recorded in such county or counties, in accordance with the first and second section of this Act. When such bond or bonds shall be recorded after the thirty days, the real estate of the surety or sureties thereon situated in any county or counties other than that in which such officer or officers shall hold such office or offices, shall be bound only from the date when such bond or bonds shall be so recorded. Third parties not affected unless bond recorded. Record binding only from its date. SEC. IV. Be it further enacted, That nothing in this Act shall be construed to affect the validity or force of the lien of any such bond from the date thereof as between the parties thereto. Lien as between parties not affected.

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SEC. V. Be it further enacted, That this Act shall not apply to the bonds of the officers herein named, whose term of office began prior to the approval by the Governor of this Act; and it shall be the duty of the Governor to give written or printed directions to the Ordinaries and Boards of Commissioners of the various counties upon the requirements of this Act as other instructions and directions are now given in reference to the bonds of said officers; and the costs of transmitting and recording said bonds shall be paid by the officer whose bond it is. When Act to be of force. Directions to be given by Governor. Cost of transmitting and recording bond. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 21, 1891. BONDS OF AND SETTLEMENTS BY TAX-COLLECTORS OF COUNTIES WITH POPULATION OF 30,000 OR MORE. No. 772. An Act to fix the bonds of all Tax-Collectors in counties of this State having a population of 30,000 or more, to require such Tax-Collectors to make more frequent settlements with the Comptroller-General of this State, and with the county authorities than is now required by law, and for other purposes. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, each of the Tax-Collectors of such counties in this State as have a population of 30,000 or more, shall enter into two bonds, one to the State for fifty thousand dollars, with good and approved security, as now required by law, and one to the county in the sum of twenty-five thousand dollars, with like approved security, as now required by law, for the faithful performance of the duties of such Tax-Collector. Separate bonds for State and county. Amounts, etc. SEC. II. Be it further enacted, That whenever the Tax-Collector, in any such county having a population of 30,000 or more, collects State taxes to the amount of five thousand dollars, he shall at once pay the same over to the Treasurer as now required by law; and shall also pay over all the taxes he may have collected during the week and not paid over, on Saturday of each week, whether the same amounts to five thousand dollars or not, so that no Tax-Collectors in said counties shall have or keep any of the money of the State in his hands for a longer period that one week. Settlements. No money to be kept longer than one week. SEC. III. Be it further enacted, That said Tax-Collectors shall, each, pay over, from time to time, the county taxes to the proper county officers, as now required by law, so soon as there is collected three thousand dollars, and if he fail to collect said sum during any week he shall then pay over on Saturday all he has collected during said week. Weekly payments, etc. SEC. IV. Be it further enacted, That the Tax-Collector in each of

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such counties shall make out correct duplicate list of the tax-payers from whom he has collected taxes during each week, and shall swear that the same is a correct statement of the taxes collected, and shall file one of said lists with the county authorities who manage the county affairs, and the other with the Comptroller-General, when he makes his weekly report, and if any such Tax-Collector makes out a false return of the matters required to be reported, he shall be subject to all the pains and penalties of false swearing. Weekly duplicate lists. Penalty for false return SEC. V. Be it further enacted, That if any of such Tax-Collectors fail or refuse to make said payment, or if he make a false return, or if he fail or refuse to file such list as required, it shall be the duty of the Comptroller-General, or the Ordinary, or county officer having charge of the county affairs, as the case may be, to report said facts to the Governor, and it shall be the duty of the Governor to cause a notice to be served on said Tax-Collector, calling on him to show cause why he should not be removed from office, and if he fail to make a proper excuse within ten days, it shall be the duty of the Governor to remove him. Reports of failure to discharge duty. Governor to notify delinquent. Removal from office. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved October 21, 1891.

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TITLE VII . JUDICIARY. Touching Competency, as Witnesses, of Agents or Attorneys. For more Speedy Determination of Criminal Cases. Admission in Evidence of Exemplifications of Records, etc., of Municipal Corporations. Practice in Applications to Enjoin Cutting Timber for Railroads, etc. Service by Publication. Amending Acts as to Trial Term in Justice Courts. Hearing of Cases where Evidence is Vulgar or Obscene. Amending Law as to Probate of Foreign Wills. TOUCHING COMPETENCY, AS WITNESSES, OF AGENTS OR ATTORNEYS IN CERTAIN CASES. No. 217. An Act to amend subdivision (e) of section 1, and to repeal subdivision (g) of section 1, of the Act approved October 29, 1889, amendatory of section 3854 of the Code of 1882, on the subject of the competency of witnesses in the courts of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That subdivision (e) of the Act approved October 29, 1889, amendatory of section 3854 of the Code of 1882, which reads as follows: 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 the 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, be, and the same is, hereby amended, as follows: Strike out the words either party in the first line of said subdivision (e), and insert in lieu thereof the following words: The surviving or sane party, so that said subdivision (e), when amended, shall read as follows: No agent or attorney-at-law of the surviving or sane party, at the time 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

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in his own favor, or in favor of surviving or sane party or agent under circumstances where such witness would be incompetent if deceased agent had been a principal. Agent or attorney of surviving or sane party may not testify where principal could not. SEC. II. Be it further enacted, That subdivision (g) of said first section of said Act, which reads as follows: 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 said transaction, be, and the same is, hereby repealed. Provision of Act of Oct. 29, 1889, making incompetent mutual friends agents or attorneys, repealed. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. FOR MORE SPEEDY DETERMINATION OF CRIMINAL CASES. No. 373. An Act to provide for the more speedy determination of Criminal Cases. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all bills of exceptions in criminal cases tried in the courts of this State, after one hundred and twenty days from the passage of this Act, shall, as regards the practice both in the lower court and in the Supreme Court, relating to the time and manner of signing, filing, serving, transmitting and hearing the same, be governed, in all respects where applicable, by the laws and rules now of force in reference to bills of exceptions in cases of injunction, and it shall be the duty of the Supreme Court to give a speedy hearing and determination in such criminal cases, either under existing rules or under special rules to be formulated by said court for that purpose, and if the judgment of the court below is affirmed in the Supreme Court, the Clerk of the Supreme Court shall transmit promptly the remittitur to the Clerk of the court from which the writ of error was taken, and upon the reception of the same, the Clerk shall notify the Judge of said court, who shall have full power, in term or vacation, to pass any order, sentence or judgment necessary to carry into execution the judgment of the court. Bills of exceptions in criminal cases to be governed by law and rules as to injunctions. Supreme Court to give speedy hearing and determination. Clerk Supreme Court to promptly transmit remittitur. Judge of lower court may sentence, etc., in term or vacation. SEC. II. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 7, 1891.

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ADMISSION IN EVIDENCE OF EXEMPLIFICATIONS OF RECORDS, ETC., OF MUNICIPAL CORPORATIONS. No. 466. An Act to provide for the admission in evidence of certified exemplifications of the records and minutes of Municpal Corporations. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, exemplifications of the records and minutes of the proceedings of municipal corporations of this State shall, when certified by the Clerks or keepers of such records respectively, of such municipal corporations, under seal, be admitted in evidence in the courts of this State under the same rules and regulations as exemplications of the records of the Courts of Record of this State are now by law admitted in evidence. Exemplifications of records, etc., of municipalities admissible in evidence SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved September 19, 1891. PRACTICE IN APPLICATIONS TO ENJOIN CUTTING TIMBER FOR SAW-MILLS AND RAILROADS. No. 649. An Act to amend the practice in equity as to granting injunctions restricting the cutting of timber for saw-mill purposes, and railroad cross-ties and bridge timbers for railroad purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, in all applications to enjoin the cutting of timber for saw-mill purposes, and railroad ties and bridge timbers for railroad purposes, it shall not be necessary to aver or prove insolvency, or that the damages will be irreparable; provided , the complainant has perfect title to the land upon which the timber is situated, and shall be required to attach an abstract of his titles, stating name 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; and provided further , that the Chancellor granting said temporary restraining order shall require the complainant to give such bond as, in his discretion, he may deem proper (said bond to be approved of by the Clerk of the Superior Court, to which said proceedings are made returnable, and to be filed in the office of the Clerk of said court) to answer the damages, if any, which may be sustained by the defendant by reason of the granting of said injunction, which bond shall be held and taken as appeal

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bonds, and if, on the final hearing of the cause, damages against the complainant are proven, judgment shall be entered against the sureties on said bond, as in appeal cases. Not necessary to aver or prove insolvency or irreparable damage If complainant have perfect title. Abstract to be attached. Originals to be produced. Bond. SEC. II. Be it further enacted by authority aforesaid, That the respondent or defendant shall have the same privileges as are given complainants in section 1 of this Act. Respondent to have same privileges as complainant. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 15, 1891. SERVICE OF PUBLICATION. No. 654. An Act to amend in Act, approved October 29, 1889, providing for the time and mode of perfecting service by publication, by striking certain words therefrom. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to provide for the time and mode of perfecting service by publication, approved October 29, 1889, contained in the published laws of 1889, on pages 111 and 112 be, and the same is, hereby amended, by striking therefrom in section 1, line 3, page 112, of the published laws of 1889, the following words: To be held within three months from the date of said order, so that said section of said Act shall read as follows: 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, 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, and shall bear test in the name of the judge and be signed by the Clerk, if there be one, of said court. Act of Oct. 29, 1889, amended. Defendant to appear at next term after publication. SEC. II. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 14, 1889.

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AMENDING ACT AS TO TRIAL TERM IN JUSTICE COURTS. No. 685. An Act to amend an Act entitled an Act to make the second term after suit is brought in Justice's Court trial term in certain cases to require defence to be made at the first term, and for other purposes, approved September 26, 1883, be amended by striking out the words plea is filed, in the last line of the second section of said Act, and inserting in lieu thereof the words defence is made. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that an Act entitled an Act to make the second term after suit is brought in Justice's Court trial term in certain cases; to require defence to be made at the first term, and for other purposes, approved September 26, 1883, be amended by striking out the words plea is filed, in the last line of the second section of said Act, and inserting in lieu thereof the words defence is made, so that said section, when amended, shall read as follows, That when such defence is thus made, the cause shall stand for trial at the next regular term of said court (subject however to continuance, as now provided by law); provided, however , that said cause may be tried at the term when said defence is made, if the plaintiff, his agent or attorney is present, consenting thereto. Act of Sept. 26, 1883, amended. Striking plea is filed and inserting defence is made. Law as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 16, 1891. HEARING OF CASES WHERE EVIDENCE IS VULGAR OR OBSCENE. No. 692. An Act to authorize the Judges in the Superior Courts of this State, in any case of seduction or divorce, or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the court of all or any portion of the audience, 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, during the trial, in the Superior Courts of this State, of any case of seduction, divorce, or other case where the evidence is vulgar or obscene, or relates to the improper acts of the sexes, and tends to debauch the morals of the young, the presiding Judge shall have the right, in his discretion and on his own motion, to hear and try said case after clearing the court-room of all, or any portion, of the audience. Where evidence vulgar or obscene court room may be cleared.

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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 October 16, 1891. AMENDING LAW AS TO PROBATE OF FOREIGN WILLS. No. 712. An Act to amend 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, approved November 13, 1889, by adding to the first section of said Act the following words: but no greater number of witnesses shall be required to prove a foreign will of personal property than is hereby required for its legal execution, and by changing the period in the eighth line of the second section to a comma, 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 an Act entitled 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, approved November 13, 1889, be, and the same is, hereby amended by adding after the last word of said section the following words, to-wit: But no greater number of witnesses shall be required to prove a foreign will of personal property than is hereby required for its legal execution, so that said section, as amended, shall read as follows: Act of Nov. 13, 1889, amended. No more witnesses to prove foreign will of personalty than required for its legal execution. Section 1. Be it enacted by the General Assembly 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; but no greater number of witnesses shall be required to prove a foreign will of personal property than is hereby required for its legal execution. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That the second section of said Act be, and the same is, hereby amended by striking from the eighth line of said section, after the word appointed and before the word where, the period (.), and inserting in lieu thereof a comma (,), and by beginning the said word

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where, in the eighth line of said section, with a small w instead of a capital W, so that said section, when amended, shall read as follows: Sec. 2. Be it 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 when 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. When 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, when 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. Change in punctuation, etc., of second section of Act amended. 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 19, 1891.

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TITLE VIII . EDUCATION. ACTS. Establishing School for Colored Persons as Branch State University. Commission for Technological School. Amending General School Law of October 27, 1887. Amending General School Law of October 27, 1887. Board of Visitors to Georgia Normal and Industrial College. Local Taxation by Counties for Common Schools. Establishing State Normal School. ESTABLISHING SCHOOL FOR COLORED PERSONS AS BRANCH STATE UNIVERSITY. No. 2. An Act to establish a school for colored persons as a branch of the State University, to appropriate money for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That there shall be established in connection with the State University, and forming one of the departments thereof, a school for the education and training of colored students. Said school shall be located, equipped and conducted as hereinafter provided. School to be established. SEC. II. Be it further enacted by the authority aforesaid, That the Governor shall appoint five fit and discreet persons, residents of this State, to be known as the Commission on the School for Colored Students, who shall serve without pay, except that their actual expenses, while away from their several places of residence attending to the duties of such Commission, may be allowed as hereinafter provided; and they may select from their number a chairman and secretary, prescribe rules and regulations for their government, may accept the resignation of any member, and fill all vacancies. A majority shall constitute a quorum for the transaction of business. Commission to be appointed.

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SEC. III. Be it further enacted by the authority aforesaid, That it shall be the duty of said Commission, as soon as practicable, after the passage of this Act, to procure the grounds and buildings necessary for the establishment of the school herein provided for. It shall be located within, or near to, the corporate limits of that city or town in the State which shall offer the best inducements for such location, in the opinion of said Commission. In making the selection of a location for said school, the Commission shall give preference to such place as shall be of easy access to all the colored people of the State, having due regard to the appropriateness, eligibility, and healthfulness of the surroundings, as well as to any offer, or donation of value that may be made to secure the said school, and any inducements offered by any non-sectarian institution of this State. The selection, once made, shall be final. Buildings and grounds to be procured. Location. SEC. IV. Be it further enacted by the authority aforesaid, That the said Commission, as soon as they shall have selected the location and procured the necessary grounds, shall proceed to have erected on such grounds suitable buildings for said school, or, in case they secure grounds upon which there are buildings already erected, shall proceed to remodel the same, erecting any additional buildings that may be necessary and practicable under the appropriation made therefor. Erection of buildings, etc. SEC. V. Be it further enacted by the authority aforesaid, That a course of training shall be provided for all the students in said school, embracing the studies required by the Acts of the Congress of the United States, approved July 2, 1862, and August 30, 1890, making donations of public lands, and the proceeds thereof to the States and territories for educational purposes. No student shall be permitted to remain in the institution unless satisfactory progress shall be made by him, in the opinion of the faculty. Course of training. Progress must be made by students. SEC. VI. Be it further enacted by the authority aforesaid, That the said school, when so established, shall be a part of the University of Georgia, and under the control and management of the Board of Trustees. Said board shall have authority from time to time to add such special features to the course, and to open such other departments of training and instruction therein as they shall deem that the progress and advancement of the time require. They shall also have authority to ordain and establish such rules, and by-laws for the regulation of the school and the teaching, training and governing of the students, not inconsistent with this Act, as in their opinion may be proper [Illegible Text] secure the success of said school. To be part of State University. Additions to course, etc., Rules and regulations for. SEC. VII. Be it further enacted by the authority aforesaid, That the officers of said school shall be a president, and such other professors, teachers and instructors as may be necessary, in the opinion of the Board of Trustees, to carry on the school in accordance with the intention of this Act.. The Chancellor of the University of Georgia shall have the general supervision of said school. The officers aforesaid shall be elected and their salaries fixed, either directly by the Board of Trustees, or through the local Board of Trustees hereinafter provided for. Officers of schools.

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SEC. VIII. Be it further enacted by the authority aforesaid, That when the necessary buildings shall have been procured, erected or completed, as required by this Act, and said school shall be ready for the reception of students, said Commission shall notify the Board of Trustees of the University of Georgia, and shall turn the said school over to their control and management. Trustees of University to be notified when school ready. And it shall be turned over to them. SEC. IX. Be it further enacted by the authority aforesaid, That there shal be one beneficiary for each Representative in the General Assembly from each county in the State, selected by the Board of Education in each county, under the rules and regulations to be prescribed by the local Board of Trustees herein provided for, and who shall be first entitled to the benefits of said school; that the tuition shall be free to all students who are residents of the State of Georgia. The rates of tuition to others than residents of the State shall not exceed fifty dollars per annum. Beneficiaries. Tuition. SEC. X. Be it further enacted by the authority aforesaid, That the five persons named in the second section of this Act shall become, as soon as said school is turned over by them to the Board of Trustees of the University of Georgia, a local Board of Trustees for said school, with perpetual succession as hereinbefore provided: and they shall always be charged with the immediate control, supervision and management of said school, subject to the general Board of Trustees. The Chairman of said local Board of Trustees shall be ex officio a member of the Board of Trustees of the University of Georgia. Local board of trustees. Chairman. SEC. XI. 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 Commission may receive shall be taken in the name of the Trustees of the University of Georgia in their corporate capacity, and said property shall become the property of the State of Georgia, and the same shall not be alienated by any one, nor shall any valid lien be created thereon, neither in the erection of any building thereon, nor by the act of any person, nor by the operation of law. Property of schools. SEC. XII. Be it further enacted by the authority aforesaid, That when any one of said Commission shall have incurred any necessary expense, while away from his place of residence in the performance of his duty under this Act, then, on verification of the same by his affidavit, the Governor may indorse the same as correct and order it paid out of the fund herein appropriated. Any indebtedness for plans and specifications must likewise be indorsed by the Governor before payment of the same is made. Expenses of Commissioners. Indebtedness for plans and specifications. SEC. XIII. Be it further enacted by the authority aforesaid, That when said Commission shall have performed their duties under this Act, and shall have turned over said property to the Trustees of the University of Georgia, as herein provided, said Commission shall submit to said Board a full and final statement, describing the property purchased, the amount of money expended therefor, with proper vouchers, and said Board of Trustees, after a verification of the same, shall transmit to the Governor said report, with

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any suggestions therewith they may deem proper to make, and the Governor shall transmit to the General Assembly a summary of the same. Final statement by commission, etc. SEC. XIV. Be it further enacted by the authority aforesaid, That the sum of eight thousand dollars be, and the same is, hereby annually appropriated to the Board of Trustees of the Tuiversity, to be drawn upon executive warrant in their favor for said purposes. Annual appropriation for schools. SEC. XV. Be it further enacted by the authority aforesaid, That the appropriation herein provided for shall be in lieu of any claim of the colored population of this State upon the proceeds of the Agricultural Land Scrip donated by the Congress of the United States, by said Act of Congress, approved July 2d, 1862. In lieu of claim upon land scrips. SEC. XVI. Be it further enacted by the authority aforesaid, That the Board of Visitors of the State University or a committee of their body, shall exercise like functions and powers touching said institution as are prescribed by law for said board, in relation to the State University. Board of visitors. SEC. XVII. Be it further enacted by the authority aforesaid, That as to the additional donation of the proceeds of public lands made to this State by the United States, under said Act of Congress, approved August (30th, 1890) thirtieth, eighteen hundred and ninety, the General Assembly proposes and reports to the Secretary of the Interior of the United States, as a just and equitable division of the funds to be received under said Act of 30th of August (1890), eighteen hundred and ninety, between one college for white students and one institution for colored students, that one-third of said fund shall be for the colored students and two-thirds for the whites; provided , that the division may be at any time modified by the written consent of the Secretary of the Interior of the United States and the Governor of Georgia for the time being, so as to make the same a just and equitable division of the fund arising under said Act of Congress, of August thirtieth, eighteen hundred and ninety, between the white and colored people of this State for the purposes of of said education. Proposed division of donation made by Act of Congress of Aug. 30, 1890. SEC. XVIII. Be it further enacted by the authority aforesaid, That the Act approved March 3d, 1874, entitled An Act to equitably adjust the claims of the colored race for a portion of the proceeds of the Agricultural Land Scrip, by which eight thousand dollars per annum was heretofore appropriated to the Atlanta University, is hereby repealed, and no colored student shall be admitted into the University, and no white student shall be admitted into the school for colored students, herein provided and established. Act making appropriation to Atlanta University of March 3, 1874, repealed. Races to be taught separately. SEC. XIX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of said Act, including said Act of March 3d, 1874, be, and the same are, hereby repealed. Approved November 26, 1890.

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COMMISSION FOR TECHNOLOGICAL SCHOOL. No. 28. An Act to amend an Act entitled an Act to establish a Technological School as a branch of the State University, to appropriate money for the same, and for other purposes, approved October 13, 1885, so as to authorize an increase in the number of the Commission in charge of said school, to further define their duties and powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, That the second section of the above recited Act, which prescribes the number of Commissioners and limits the same to five members, be, and the same is, hereby so amended as to authorize the election of two other members of said Commission, so that the local Board of Trustees in charge of said school shall consist of seven instead of five members, as now constituted. Act of Oct. 13, 1885, amended. Number of Commissioners increased. SEC. II. Be it further enacted by the authority aforesaid, That the present Commission be, and they are, hereby authorized and empowered to select the additional Trustees provided for by this Act. Selection of additional trustees. SEC. III. Be it further enacted by the authority aforesaid, That the local Board of Trustees, when increased by the two members herein authorized, shall be directly charged with the government and control of said school, shall be authorized to grant diplomas, make rules, receive and disburse the funds of the school, and generally do any and everything required by the Act of which this is amendatory, to render efficient the work of said school. All diplomas shall be countersigned by the Chancellor of the University, who shall cause a record to be kept of the same in his office at Athens. Power and authority of local board of trustees. Diplomas. SEC. IV. Be it further enacted, That all laws and parts of law; in conflict with this Act be, and the same are, hereby repealed. Approved December 9, 1890. AMENDING GENERAL SCHOOL LAW OF OCTOBER 27, 1887. No. 133. An Act to amend section 28 of 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, That section 28 of the above recited Act be amended, by striking therefrom the following words in the concluding sentence thereof, to-wit: Unless he or she will file with the County School Commissioner affidavit that he or she was providentially hindered from being present on

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the general examination day or days, and has not seen or been informed of the contents of the general question papers, and inserting in lieu thereof the following, to-wit: Except in cases where County Board of Education shall order a special examination, no special examination shall be ordered by said Board, except for good and sufficient reasons and to meet some special emergency. In such cases the questions shall be prepared by the County School Commissioner or by some competent person under his authority, and their contents shall not be made known to the applicant or applicants until the examination actually commences. Said examinations shall be conducted under the same rules and regulations as are provided by law for other examinations, but the licenses granted shall be valid only until the next examination ordered by the State School Commissioner, and it shall not be lawful for the County School Commissioner of any county, other than that in which said special examination is held to endorse a license granted thereunder, and amend further by adding to the end thereof the following: The County Board of Education shall have power, if they deem best, to employ teachers at a salary, so that said section 28, shall read, as amended, as follows: That the County Commissioners shall examine all applicants for license to teach in their respective counties, giving previous public notice of the day upon which the exminations are to take place, and said Commissioners shall be allowed to invite such persons as they may think proper to assist in these examinations. Applicants for license to teach in the common schools, shall be examined upon orthography, reading, writing, English grammar, geography, arithmetic and the science and practice of teaching in common schools; said examinations shall be held throughout the State on a day or days to be fixed by the State School Commissioner, and by questions prepared and sent out by him to the County School Commissioners. The State School Commissioner shall also prepare and supply the County School Commissioners with printed instructions as to the grading applicants on and by a uniform grade, and shall fix the lowest standard for each class of licenses; no applicant for teachers' license shall be examined on any other day than the one designated as above prescribed, except in cases where the County Board of Education shall order a special examination; no special examination shall be ordered by said board except for good and sufficient reasons and to meet some special emergency. In such cases the questions shall be prepared by the County School Commissioner, or by some competent person under his authority, and their contents shall not be made known to the applicant or applicants until the examination actually commences; said examinations shall be conducted under the same rules and regulations as are provided by law for other examinations, but the licenses granted shall be valid only until the next examination ordered by the State School Commissioner, and it shall not be lawful for the County School Commissioner of any county other than that in which said special examination is held to endorse a license granted thereunder. The

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County Board of Education shall have power, if they deem best, to employ teachers at a salary. Sec. 28 of general school law amended. Special examination of applicants for positions as teachers. Questions. Rules for special examinations Licenses. County boards may employ teachers at a salary. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. AMENDING GENERAL SCHOOL LAW OF OCTOBER 27, 1887. No. 643. An Act to amend section 12 of the Common School Laws of Georgia, approved October 27, 1887, so as to create or establish County Teachers' Institutes, 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 12 of the Common School Laws of Georgia, approved October 27, 1887, be amended by the addition of the following, to be inserted after the word colleges, in the seventeenth line: Section 12 of general law amended. To organize and establish in each county in Georgia a Teachers' County Institute for the assembling and instruction of the common school teachers of each county in the State; said institutes to hold an annual session of one week's duration in each county of Georgia in the period of June, July and August, or in such other month as the State School Commissioner may deem best and expedient; provided, however , that the State School Commissioner may, in his discretion, combine the annual session of said institutes, or any number of them, so that the same may be held in any county designated by him; to prepare a programme of exercises, with a syllabus of each subject named in said programme for each day's session of said institute; to require County School Commissioners to operate, at their regular per diem , said institute sessions under such general rules and regulations as he may deem best; to require all persons, white and colored, teaching in Georgia, or having licenses entitling them to teach in the State, provided that those not teaching have not permanently retired from teaching, to attend all sessions of said institute held in the county of their residence, and perform all duties required of them as members of said institute, unless providentially prevented; to secure a prompt attendance of the teachers upon the exercises of said institutes by causing the County School Commissioners and County Boards of Education to collect such fines from absentees as may be deemed just and reasonable by said commissioners and boards; provided , that no teacher shall be fined till he or she has stated the cause of his or her absence, in writing, to said commissioners and boards, and they have duly considered the same; provided further , that all money thus collected shall be used in purchasing teachers' library for the counties in which said fines may be collected; to provide separate institutes for the whites and the colored; to pay from the educational fund of each county

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an amount not to exceed twenty-five dollars per annum, for the purpose of securing the services of an expert in conducting the week's session of the institutes of said county, which expert shall be chosen by the County School Commissioner and County Board of Education, which expert shall assist in conducting the exercises of each annual week's session of said institute in the county where he is thus employed; to cause all sessions of said institute to be held at the county site, or such other place as may be selected by the County School Commissioner, and allow all persons so desiring to attend the sessions of said Institutes; provided , that all visitors shall be subject to the rules and regulations of said institutes while attending the exercises of the same; to require the County Board to pay teachers, whose schools have to be closed on account of said weekly session of said institutes, their regular salaries; and to prescribe, from time to time, such other rules and regulations as he and the County School Commissioners may deem best for successfully operating said institutes; provided further , that the County School Commissioner shall establish Teachers' County Institutes for the public school teachers of each county, to hold monthly sessions, on one Saturday in each month during the term of the public schools, said Saturday to be determined by the County School Commissioner, said monthly session to be governed and conducted by the County School Commissioner, as is hereinbefore prescribed for annual sessions for the Teachers' County Institutes. County institutes. Sessions. Sessions may be combined. Programmes. Operation of, etc. Attendance by teachers. Fines. Separate institutes for white and colored teachers. Experts. Sessions at county sites, etc. Visitors. Pay of teachers attending where schools closed. Monthly session of county institutes, etc. Said section 12, when amended, will read as follows: SECTION XII. That the State School Commissioner shall make a biennial report to the General Assembly, in which he shall present a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the number of common and public schools, of the various grades, in the State; the number of scholars attending such schools; their sex, color and the branches taught; a statement of the average cost per scholar of instruction under the common school system in each county; a statement of the plans for the management, extension and improvement of the common schools; a statement of the number of children of school age in the State, with as much accuracy as the same can be ascertained; also, a statement of the number of private schools and of colleges of different kinds in the State; the number of pupils in such schools or colleges, their sex, the branches taught, the average cost per scholar of tuition in said schools and colleges; to organize and establish in each county in Georgia a Teachers' County Institute for the assembling and instruction of the common school teachers of each county in the State, said institute to hold an annual session of one week's duration in each county of Georgia in the period of June, July and August, or in such other month as the State School Commissioner may deem best and expedient; provided, however , that the State School Commissioner may, in his discretion, combine the annual session of said institutes, or any number of them, so that the same may be held in any county designated by him; to prepare a programme of exercises, with a syllabus of each subject named in said

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programme, for each day's session of said institute; to require County School Commissioners to operate, at their regular per diem , said institute sessions under such general rules and regulations as he may deem best; to require all persons, white and colored, teaching in Georgia, or having licenses entitling them to teach in the State, provided that those not teaching have not permanently retired from teaching, to attend all sessions of said institutes held in the county of their residence, and perform all duties required of them as members of said institutes, unless providentially prevented; to secure a prompt attendance of the teachers upon the exercises of said institutes by causing the County School Commissioners and County Boards of Education to collect such fines from absentees as may be deemed just and reasonable by said commissioners and boards; provided , that no teachers shall be fined till he or she has stated the cause of his or her absence, in writing, to said commissioners and boards, and they have duly considered the same; provided further , that all money thus collected shall be used in purchasing teachers' libraries for the counties in which said fines may be collected; to provide separate institutes for the white and the colored; to pay from the educational fund of each county an amount not to exceed twenty-five dollars per annum for the purpose of securing the services of an expert in conducting the week's session of the institute of said county, which expert shall be chosen by the County School Commissioners and County Board of Education, which expert shall assist in conducting the exercises of each annual week's session of said institute in the county where he is thus employed; to cause all sessions of said institutes to be held at county sites, or such other places as may be selected by the County School Commissioner, and allow all persons so desiring to attend the sessions of said institutes; provided , that all visitors shall be subject to the rules and regulations of said institutes while attending the exercises of the same; to pay teachers, whose schools have to be closed on account of said week's session of said institutes, their regular salaries; and to prescribe, from time to time, such other rules and regulations as he and the County School Commissioners may deem best for successfully operating said institutes; provided further , that the County School Commissioner shall establish Teachers' County Institutes for the public school teachers of each county, to hold monthly sessions, on one Saturday in each month, during the term of the public schools, said Saturday to be determined by the County School Commissioner; said monthly sessions to be governed and conducted by the County School Commissioner, as hereinbefore prescribed for annual sessions of the Teachers' County Institutes; and in order that he may be able to carry the foregoing into execution, he shall have the right to require of the County School Commissioners to make such reports as he may prescribe upon the subjects herein mentioned, and in default of complying, as far as may be practical, with this requirement, such County School Commissioners shall not be entitled to compensation for their official services. He shall also have the right to make the foregoing requirements of the President of the

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Board of Education, or chief executive officer, of any public school organization in this State, operating under any special law, and until the requirement is complied with said organization shall not receive the pro rata part of the State School Fund to which it would otherwise be entitled. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved October 13, 1891. BOARD OF VISITORS TO GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 403. An Act to provide for the appointment of a Board of Visitors to the Georgia Normal and Industrial College, which is a branch of the University of Georgia; to prescribe their powers and duties, to fix their compensation, 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 there shall be a Board of Visitors appointed by the Governor, composed of women, equal in number to the congressional districts of this State, whose duty it shall be to attend the examinations at the Georgia Normal and Industrial College, preceding each annual commencement, and to examine personally into the condition and management of said institution. Said Board of Visitors shall submit their report in writing to the Governor, in which they shall report upon the character of the examinations aforesaid, the progress of the students, the condition and management of said institution, together with such suggestions and recommendations thereon as they may deem proper. Said reports shall be laid before the General Assembly by the Governor. How appointed. Number. Duty. Report. SEC. II. Be it further enacted by the authority aforesaid, That immediately after the Act is passed in 1891, dividing the State into congressional districts, the Governor shall appoint one member of said Board of Visitors from each congressional district, for terms as follows: Three for one year, four for two years and four for three years. All subsequent appointments shall be made for a term of three years, except the appointment made to fill vacancies, caused by death, resignation or other cause, which shall be to fill the unexpired term. Whenever the number of congressional districts in this State are increased, the number of the Board of Visitors shall be increased, and said board shall, as near as practicable, be at all times composed of one member from each congressional district. Terms of office. Increase of number. SEC. III. Be it further enacted by the authority aforesaid, That said Board of Visitors shall hold their first meeting in the city of Milledgeville, at such time as may be designated by the Governor,

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and shall select their own Chairman and Secretary, fix the number that shall constitute a quorum, and fix rules and by-laws for the government of their body. Such board shall, for all meetings, receive as compensation for their services four dollars per diem , estimated from the date of their leaving home by the quickest practicable route to Milledgeville. The whole service of said board shall not exceed ten days per annum . The compensation allowed to the members of the Board of Visitors, provided for in this Act, shall be paid by the Board of Directors of the Georgia Normal and Industrial College out of the funds belonging to said college. First meeting. Selection of officers, etc. Compensation. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 11, 1891. LOCAL TAXATION BY COUNTIES FOR COMMON SCHOOLS. No. 681. An Act to provide for Local Taxation by counties for the support of Common Schools, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act a local tax to supplement the State tax in support of the common schools, may be levied and collected in any county in this State in which a county school system is not already in existence in the following manner, to-wit: Local tax may be levied. Whenever two successive grand juries of the county shall recommend in their general presentments, that a local tax in said county shall be levied to supplement the State tax in support of the common schools of the county, the Ordinary of said county shall order an election to be held, after giving public notice thereof, once a week for four weeks, in the paper in which the sheriff's advertisements are published, and by posting the notice at the court-house door for at least four weeks previous to the time fixed for said election. Said election shall be held under the same rules and regulations as those governing the election of county officers, and all qualified voters of the county, and none others, shall be allowed to vote at the same. In said election the ballots shall have printed or written upon them the words, For Local Taxtion for Public Schools, or Against Local Taxation for Public Schools. The managers of the election shall consolidate the votes as now provided in elections for county officers, and shall then file the returns with the Ordinary, who shall declare the result. If two-thirds of the persons qualified to vote at said election have voted for local taxation for public schools, the Ordinary shall certify the same in writing to the County Board of Education. The County Board of Education shall

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then, at a regular meeting, or at a special meeting, of which due notice has been given to each member, proceed by order or resolution to levy a tax not exceeding one-fourth of one per cent. ad valorem , upon all the taxable property of the county as shall appear by the county digest. The County School Commissioners shall make out a certified copy of the order or resolution, fixing the rate of said tax, and shall deliver the same to the Tax-Collector of the county on or before the first day of September in each year, and the Tax-Collector shall collect said school tax according to the vote so levied, in the same manner as other county taxes are collected, and he shall promptly pay over the funds so arising to the County School Commissioner, who shall receive and hold the same subject to be applied by the County Board of Education for the support of the common schools of the county in addition and supplementary to the funds received from the State, and said tax may be levied and collected from year to year, as above provided, without holding any other election for that purpose; provided , that any county in which a county school system is already in existence, but where the funds, as now provided by law, are insufficient in the opinion of the County Board of Education, for the support of the schools, may obtain the benefits of this Act by complying with all the provisions of the same. Recommendation by grand juries. Election to determine. Rules for election. Ballots. Consolidation of votes. Declaration of result. Effect of election. Amount of tax, etc. Its collection, etc. Use of funds. General tax without further election. County where funds insufficient may have benefits of the Act. SEC. II. Be it likewise enacted, That if there shall be in the county an incorporated town, or town having a local school system of its own, sustained by local taxation, in addition to its quota of funds received from the State, the residents of said incorporated town or towns shall not vote in the election held as aforesaid, nor shall the taxable property embraced within the corporate limits of said town or towns be subject to the county school tax levied as aforesaid. Towns with schools sustained by local taxation not affected. SEC. III. Be it likewise enacted, That in determining whether two-thirds of the qualified voters have voted for local taxation for common schools at the election held as aforesaid, the registration lists last completed before the election shall be considered the correct enumeration of the qualified votes in those counties having registration laws, and the number of names of citizens appearing upon the books of the Tax-Collector as having paid their poll or property tax, if any, for the preceding year, shall be considered the correct enumeration of the qualified voters in those counties not having registration laws. Method of determining whether requisite majority obtained. SEC. IV. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 16, 1891.

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ESTABLISHING STATE NORMAL SCHOOLS. No. 758. An Act to establish, organize and maintain a State Normal School as a branch of the University, to appropriate money for the same, and for other purposes. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That there shall be established in connection with the State University, and forming one of the departments thereof, a State Normal School for the education and training of teachers for the common schools of this State. Said school shall be located, equipped and conducted, as is hereinafter provided. School to be established. SEC. II. Be it further enacted by the authority aforesaid, That said school shall be located at Rock College, Athens, Georgia, and for the purposes of said school, said Rock College and the land contiguous thereto, not less than six nor more than ten acres, tendered by the Board of Trustees of the University to the State for said purposes, are hereby accepted by the State, as tendered in the resolution of said Board of Trustees reported to this General Assembly by the Governor. Location, etc. SEC. III. Be it further enacted by the authority aforesaid, That the immediate charge of said school shall be in a Commission to be composed of the State School Commissioner and the Chancellor of the University for the time being, and three citizens of Georgia experienced in teaching, to be appointed by the Governor, one for a term of two years, one for four years and one for six years from the dates of their appointments, which Commission shall be the local board of said school. Commissioner. Terms of office. SEC. IV. Be it further enacted by the authority aforesaid, That said school shall be a part of the University of this State and under the control and mangement of its Board of Trustees, which board shall have authority, from time to time, to prescribe, in connection with said Commission, such special features, and open such departments of training and instruction therein, as they shall think the progress and advancement of the times require. They shall also have authority to ordain and establish such rules and by-laws for the regulation of the school and the training and governing of the students, not inconsistent with this Act, as in their opinion may be proper to secure the success of said school. To be part of State University. Government of, etc. SEC. V. Be it further enacted by the authority aforesaid, That the officers of said school shall be a president and such other professors, teachers and instructors as may be necessary, in the opinion of the Board of Trustees, to carry on the school in accordance with the intention of this Act. The Chancellor of the University of Georgia shall have a general supervision of said school. The officers aforesaid shall be elected, and their salaries fixed either directly by the Board of Trustees, or through said Commission or Local Board. Officers of schools.

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SEC. VI. Be it further enacted by the authority aforesaid, That the tuition in said school shall be free to all white male students who are residents of the State of Georgia. The rates of tuition to others who are not residents of this State shall not exceed one hundred and fifty dollars ($150.00) per annum. Tuition. SEC. VII. Be it further enacted by the authority aforesaid, That the five persons named in the third section of this Act shall be a Local Board of Trustees for said school, with perpetual succession as herein provided. It shall always be charged with the immediate control, supervision and management of said school, subject to the said Board of Trustees of the University. Local board of trustees. SEC. VIII. 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 any donations that may be made to said Commission or Local Board, or to the Board of Trustees of the University, for the purposes of said school, shall be taken in the name of the Trustees of the University in their corporate capacity, and said property shall become the property of the State of Georgia, and shall not be alienated by any one, nor shall any valid lien be created thereon, either by the crection of any buildings thereon, nor by the act of any person, nor by the operation of law. Property of schools. SEC. IX. Be it further enacted by the authority aforesaid, That the said Commission or Local Board shall serve without compensation, except that their actual expenses while they are away from their several places of residence attending to the duties of said Commission shall be paid by the warrant of the Governor drawn upon the Treasurer. Compensation of local board SEC. X. Be it further enacted by the authority aforesaid, That all students, residents of this State, entering this school, shall sign an obligation in writing to teach, within the next five years after their leaving said school, such a length of time in the common schools of this State as they spend as students in said Normal School. To said students in said Normal School may be granted by the Faculty of said school and the Chancellor of the University certificates of proficiency, stating in general terms what branches of education the students have been prepared to teach, which certificates shall authorize the holders thereof to teach in the common schools of this State, without further examination, according to the grades specified in their certificates, and such diplomas to graduates as may be prescribed by said Board of Trustees. Obligation to be signed by students. Certificates of proficiency. SEC. XI. Be it further enacted by the authority aforesaid, That all laws and parts of laws inconsistent with this Act be, and the same are, hereby repealed. Approved October 21, 1891.

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TITLE IX . LIQUORS, ROADS, OILS AND FERTILIZERS. ACTS. Regulating the Sale of Liquors. Prohibiting Use of Liquors, etc., at Places of Divine Worship. Defining the Term Domestic Wines, etc. Amending General Local Option Liquor Law. Forfeiture of License for Violation of Liquor Laws. Prohibiting Sale of Liquors in Vicinity of Rural Churches or Schools. Amending Acs as to Sale of Liquors in Vicinity of Rural Churches or Schools. Register of Public Roads, Encroachments on Such Roads, etc. General Road Law. Amending Laws as to Inspection of Oils. Amending Act of December 30, 1890, as to Inspection of Oils. Increasing Number of Fertilizer Inspectors. Regulating Sale of Fertilizers, etc. General Law as to Inspection, Analysis and Sale of Fertilizers. REGULATING THE SALE OF LIQUORS. No. 101. An Act to regulate the sale of spirituous, vinous and malt liquors in this State, to fix 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 from and after the passage of this Act, it shall be unlawful for any person, firm or corporation, in this State, to sell spirituous, vinous or malt liquors in any county or village thereof, in any quantity, without first obtaining a license from the authorities now authorized by law to grant license for the sale of such liquors by retail, and the laws now in force in this State with reference to the granting of license to retail dealers in spirituous, vinous and malt liquors in the several counties, and the penalties attached for the violation of the same, are hereby made applicable to dealers who sell in any quantity whatever; provided , that nothing in this Act shall be so construed

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as to interfere with municipal laws regulating the sale of spirituous liquors, by wholesale or otherwise; provided further , that this Act does not interfere with existing laws in regard to the sale of domestic wines. Unlawful to sell either by wholesale or retail without license from authorities now authorized to licene sale by retail. Laws of force as to retail licenses applied to sales in any quantity. This Act not to interfere with municipal laws. 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. Non-existing laws as to domestic wines. Approved December 24, 1890. PROHIBITING USE OF LIQUORS, ETC., AT PLACES OF DIVINE WORSHIP. No. 153. An Act to prohibit the use of intoxicating liquors and to prevent drunkenness at places of divine worship in the State of Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any person to carry to any church or to any other place where the people have assembled for divine worship, within the State of Georgia, any liquors or intoxicating drinks whatever, or to keep or have in their possession, custody or control any intoxicating liquors at such places of divine worship. Unlawful to carry liquors to places of divine worship, etc. SEC. II. And be it further enacted, That from and after the passage of this Act, it shall be unlawful for any person to be and appear at any church or other place of divine worship, intoxicated, or in any manner under the influence of intoxicating liquors, whatever, within the said State of Georgia, while the people are then and there assembled for the purpose of engaging in any religious services whatever. Unlawful to be at such places under influences of liquors. SEC. III. Be it further enacted, That from and after the passage of this Act, it shall be unlawful for any person to drink or in any manner use, except as hereinafter provided, any intoxicating liquors at any church or other place of divine worship, where the people are then and there assembled for the purpose of engaging in such religious services, within said State of Georgia; provided , that practicing physicians and surgeons shall not be prohibited from carrying and using such liquors as they may deem necessary in their regular practice; provided, also , that any person may be allowed to use at such places of divine worship such intoxicating liquors in case of accident or misfortune; and provided further , that this Act shall not be so construed as to prohibit the proper officers from carrying to, and ministers of the gospel using at, such places of divine worship, such wines as they may wish for sacramental purposes. Unlawful to drink or use liquors at such places. Exception as to physicians and surgeons. And in cases of accident or misfortune. And as to wines for sacramental purposes. SEC. IV. Be it further enacted, That any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction, be punished as prescribed in section 4310 of the Code of Georgia. Penalty.

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SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. DEFINING THE TERM DOMESTIC WINES, ETC. No. 688. An Act to define the term domestic wines, to provide a penalty for selling or offering other wines in this State, claiming the same to be domestic wines, 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, the term domestic wine shall mean wines, made from berries, grapes, or other fruits grown in this State. Domestic wines defined. SEC. II. Be it further enacted, That any person or persons selling wines or liquids, compounded from chemicals, drugs, or from anything else, except the articles named in the first section of this Act, and claiming or offering for domestic wines, shall be guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code. Penalty for selling wines falsely claimed to be domestic. 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, 1891. AMENDING GENERAL LOCAL OPTION LIQUOR LAW. No. 762. An Act to amend an Act approved September 18, 1885, entitled an Act to provide for preventing the evils of intemperance by local option in any county in this State, by submitting the question of prohibiting the sale of intoxicating liquors to the qualified voters of such county; to provide penalties for its violation, and for other purposes. SECTION I. 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 approved September 18, 1885, be, and the same is, amended by adding to, and immediately after the last word in section 1 of said Act, the following, to-wit: That no license shall be granted to sell intoxicating liquors in any county in this State, after the application has been made by the required number of voters and the order has been issued for holding an election, till the result has been

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declared; provided , that no dealer whose license expires between the time said order for the election was issued, and the time the result is declared, shall be prevented from continuing his business until the result is declared, upon his depositing with the Ordinary or Board of Commissioners the amount of his license, and in the event the sale of liquor is prohibited, the pro rata amount of said license shall be refunded, and said deposit shall operate as a license until such time as the result of such election is finally declared, so that said section, when amended, will read as follows: Sec. 1 of Act of Sept. 18, 1885, amended. No license to sell liquor between application for election and declaration of result. Except where license expires during that time. Section 1. That upon application, by petition signed by one-tenth of the voters who are qualified to vote for members of the General Assembly in any county in this State, the Ordinary shall order an election, to be held at the places of holding elections for members of the General Assembly, to take place within forty days after the reception of such petition, to determine whether or not such spirituous liquors as are mentioned in the sixth section of this Act shall be sold within the limits of such designated places; provided , that no election held under this Act shall be held in any month in which general elections are held, so that such elections as are held under this Act shall be separate and distinct from any other election whatever; provided further , that the Ordinary shall determine upon the sufficiency of the petition presented by the tax-books of the year before, that no license shall be granted to sell intoxicating liquors in any county in this State after the application has been made by the required number of voters, and the order has been issued for holding an election, till the result has been declared; provided , that no dealer whose license expires between the time said order for the election was issued and the time the result is declared shall be prevented from continuing his business until the result is declared, upon his depositing with the Ordinary or Board of Commissioners the amount of his license; and in the event the sale of liquor is prohibited, the pro rata amount of said license shall be refunded, and said deposit shall operate as a license until such time as the result of such election is finally declared. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved October 21, 1891. FORFEITURE OF LICENSE FOR VIOLATION OF LIQUOR LAWS. No. 335. An Act to provide an additional penalty for the violation of law by the vendors of intoxicating liquors. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in the event of the conviction of any person in this State of the offence of keeping open a tippling house on the Sabbath

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day or Sabbath night, mentioned in section 4535 of the Code of Georgia published in 1882, or of the offence of selling or furnishing liquors to a minor, mentioned in section 4640(a) of said Code, or of the offence of employing a minor in a barroom, mentioned in section 4540(c) of said Code, or of the violation of any other penal law now of force or hereafter passed, designated to control or regulate the liquor traffic in this State, the judge or court sentencing the said person so convicted shall, as a part of the penalty, provide in the sentence for a forfeiture of the license held by such person, and further, that such person shall be disqualified from selling or vending any form of intoxicating liquors in this State for the space and term of one year from the date of the said sentence, directly or indirectly, in his own name or right, as agent, as a copartner, or otherwise; and if any person sells intoxicating liquors, or becomes interested, either directly or indirectly, in the sale thereof, after such license has been revoked, he shall be guilty of the offence of selling liquor without a license, and, upon conviction therefor, shall be punished as is prescribed in section 4310 of the Code of 1882. And it is hereby declared to be the meaning and intent of the said sentence that it shall absolutely forbid such person so convicted from being in any way interested in the said sale during the said one year. License to be forfeited where conviction of violating liquor laws. And disqualification for vending liquors for one year. Penalty for selling,etc., after license revoked. SEC. II. Be it further enacted, That it shall not be in the power of any officer or authority, State, county or municipal, to issue a license contrary to the sentence provided for in the first section of this Act. No license contrary to sentence of forfeiture. 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 29, 1891. PROHIBITING SALE OF LIQUORS IN VICINITY OF RURAL CHURCHES OR SCHOOLS. No. 281. An Act to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of any church or public or private school-house in the State of Georgia; provided , that its provisions shall not apply to any incorporated town or city in this State, and to prescribe a penalty for a violation of such Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any person or persons to sell, vend, or offer to sell or vend, any spirituous, alcoholic or malt liquors, in any quantities, within a radius of three miles of any church or public or private school-house in the State of Georgia; provided , that the provisions of this Act shall not apply to any incorporated town or city in this State. Liquors not to be sold within three miles of rural churches or schools.

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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 thereof, shall be punished as prescribed in section 4310 of the Code of Georgia, of 1882; provided , that the provisions of this Act shall not apply to any person or persons now selling liquors under a license, until such license shall have expired; provided further , that nothing in this Act shall be construed to prohibit the sale of domestic wines; provided further , that nothing herein contained shall prohibit or interfere with regular practicing physicians of said State from dispensing alcoholic stimulants for medical uses in their practice. Penalty. Not applicable to those licensed until license expires. Nor to sale of domestic wines. Nor as to physicians dispensing as medicine. SEC. III. Be it further enacted, That all laws or parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 11, 1891. AMENDING ACT AS TO SALE OF LIQUORS IN VICINITY OF RURAL CHURCHES OR SCHOOLS. No. 702. An Act to amend an Act entitled an Act to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of any church or public or private school-house in the State of Georgia; provided , that its provisions shall not apply to any incorporated town or city in this State, and to prescribe a penalty for a violation of such Act, approved August 11, 1891, by providing that said Act shall not apply to the sale of such liquors in original packages, of not less than forty gallons, by the manufacturer thereof, to legally authorized dealers, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the first section of the above recited Act be, and the same is, hereby amended by adding the following proviso to the end of said section, to-wit: provided further , that this Act shall not apply to the sale of such liquors in original packages, of not less than forty gallons, by the manufacturer thereof, to legally authorized dealers, so that said section, when amended, shall read as follows, to-wit: Sec. 1 of Act of Aug. 11, 1891, amended. Act not to apply to sale in original packages of not less than forty gallons. Section 1. 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, vend, or offer to sell or vend, any spirituous, alcoholic or malt liquors, in any quantities, within a radius of three miles of any church or public or private school-house in the state of Georgia; provided , that the provisions of this Act shall not apply to any incorporated town or city in this State; provided further , that this Act shall not apply to the sale of such liquors in original packages, of not less than forty gallons, by the manufacturer thereof to legally authorized dealers. Section as amended.

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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 October 17, 1891. REGISTER OF PUBLIC ROADS, ENCROACHMENT ON SUCH ROADS, ETC. No. 684. An Act to require the County Commissioners in the several counties of this State, and the Ordinaries in counties where there are no County Commissioners, to keep a register of public roads of the county, to provide against encroachments upon, and obstructions of public roads; to prescribe the manner of settling disputes between land owners and the county authorities respecting the lines of public roads, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be the duty of the County Commissioners in the several counties of this State, and the Ordinaries where there are no County Commissioners, to prepare and keep in their offices, open to the inspection of the public, a well bound book, to be known as the public road register of the county, in which they shall have entered a list of all the public roads of the county subject to be worked at the county expense. Said register shall correctly show the length, and shall define the width, of each road, together with a general description of every public road on said list; and shall also contain a plat of each road, whenever such plat may be necessary to clearly and accurately define its lines. Said register shall be altered from time to time by said County Commissioners or Ordinaries, as new roads are established, or old ones altered or discontinued. It shall be unlawful for the county authorities having charge of working the public roads of the county to work, directly or indirectly, any road or part of road that is not found on said register, or to continue to work any road or part of road after the same has been stricken from said register by said County Commissioners or Ordinaries. Commissioners or Ordinaries to keep public road registers. What these shall contain. Alterations of. Unlawful for county authorities to work road not registered. SEC. II. Be it further enacted by the authority aforesaid, That if any person shall encroach upon any public road that has been registered as aforesaid, by erecting thereon, or upon any part thereof, a fence or building, or part of any fence or building or other structure, or if he shall in any other manner appropriate to his own exclusive use any part of any road registered as aforesaid, and shall fail to remove such fence, building or other structure or encroachment upon the lines of such registered roads, within two days after being notified to do so by any Road Overseer, Superintendent of Roads, or Road Commissioner of the county, he shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for encroaching, etc., on registered road.

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If any person shall stop up or obstruct any road registered as aforesaid, by building a fence, or felling a tree, or cutting a ditch in or across it, or any part of it; or shall make or place in or across any such registered road, or part thereof, any obstruction of any kind which renders the use of said road unsafe or inconvenient; or shall dig or plow up the surface of any registered public road or remove any dirt or rocks from the same; or shall stop up, fill with dirt or obstruct any side ditch or drain of any public road, such person, so offending, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia; provided , that this section shall not prohibit the duly authorized acts of the public officers of the county. For obstructing registered road. SEC. III. Be it further enacted by the authority aforesaid, That whenever any land-owner shall believe that the lines of any public road registered as aforesaid encroach upon his property, he shall apply in writing to the County Commissioners, or to the Ordinary in counties where there are no County Commissioners, to re-establish the lines of said road so far as the same touches his land, and no work shall be done on said road, upon the part thereof in dispute, until the issue thus raised has been finally determined. If on such application such land-owner is dissatisfied with the decision made by the County Commissioners or Ordinary, he shall at once petition such County Commissioners or Ordinary to issue a warrant directed to the Sheriff of the county to summon from the vicinage a jury of freeholders to try such question of the true lines of said road and the subsequent proceedings shall be the same as now prescribed in cases of land-owners aggrieved by reason of any road proposed to be laid out through their lands: provided, however , that this bill [Act] shall not become operative in any county until the grand jury of said county shall so recommend. Application, etc., by land owner for change of registered road. Appeal to jury, etc. This Act not operative until recommended by grand jury. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and part of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 16, 1891. GENERAL ROAD LAW. No. 754. An Act to give the Commissioners of Roads and Revenues, or the Ordinary, or County Judge, as the case may be, of each county, the power and authority to lay out, open, change or discontinue the public roads and to work and have worked the same; to provide for levying a tax for road purposes; to prescribe who shall be subject to road duty; for the appointment of a Superintendent of Roads and other necessary officers; to provide how said roads shall be worked; to provide for the punishment of defaulters, and how and when this Act shall go into effect in any county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the Commissioners

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of Roads and Revenues, or the Ordinary, or the County Judge, as the case may be, or such other officer as now has control and charge of county matters of each county in this State, shall have the sole right, power and authority to lay out, open, change or discontinue public roads therein, and the sole management of the working of said roads; and said authorities shall have the right and authority to appoint a Superintendent of Public Roads when necessary, and also to appoint any and all overseers, guards and officers that may be required to successfully carry out the provisions of this Act, and to prescribe the duties of said superintendent, guards and officers, and fix the terms of office of the same, and to prescribe and pay said appointees such salaries or wages as may be deemed proper. County authorities to lay out, discontinue, etc., roads. And manage the working of them. May appoint superintendent, guards, etc. SEC. II. Be it further enacted, That each male citizen of each county in said State between the ages of sixteen and fifty years shall be subject to road duty (except those who are now exempt by law), and shall be, and are, hereby required, when notified or summoned, to work on the public roads of the county of his residence for such length of time in each year as may be fixed by the authorities having control of said roads, or to pay such commutation tax as may be fixed by said authorities; provided , that no one shall be required to work for longer than ten days in any one year, nor shall said commutation tax be fixed at a sum that will amount to more than fifty cents per diem for the number of days' work required. Who subject to road duty. Work of tax. SEC. III. Be it further enacted, That the Commissioners of Roads and Revenues, or Ordinary, or County Judge, as the case may be, of each county shall fix and levy a tax additional to any now authorized by law, of not more than two-tenths of one per cent on all the taxable property of the county, and the funds raised by said taxation together with the commutation tax heretofore provided for, shall be known as the Public Road Fund of the county, and shall be used and expended for the purposes of paying the salaries and wages heretofore provided for, and for working, improving and repairing the public roads, as hereinafter set forth. County tax for roads. Use of funds. SEC. IV. Be it further enacted, That said authorities are hereby authorized and empowered to work, improve and repair, and to have worked, improved and repaired, the public roads, as follows: Provision for working First.They may work a chain-gang (which said authorities are hereby empowered to organize; said gang to consist of the misdemeanor convicts of the county, or of any other county in this State that may be obtained without cost or for hire) and those who do not pay the commutation tax; provided , that the convicts and those who do not pay the said tax shall not be worked together. Chain-gang Second.They may work free hired labor and those who do not pay the commutation tax. Free labor. Third.They may have said roads worked, improved or repaired, by contracting for the same in such manner as they may deem fit, with private parties, companies or corporations; provided , that if the work is done by contract, the contractors shall be required to employ the chain-gang, if established, and the labor of those who do not pay the commutation tax, and to pay for the same. By contract

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Fourth.They may employ or combine any or all of said three above mentioned methods, or may use any other method or system that may be desired for accomplishing the work necessary to put and keep the public roads in good condition. Or all these methods combined or other methods. SEC. V. Be it further enacted, That said authorities may purchase any and all machinery, implements, tools, wagons and stock necessary and required for working said roads, and may build such houses or stockades and purchase any thing or article necessary and useful in handling and working the chain-gang. Machinery, tools, etc. Buildings, etc. SEC. VI. Be it further enacted, That said authorities shall expend said public road fund in any manner they may deem best for putting and keeping the roads in thorough condition and repair, and when, where and how said roads shall be worked is entirely in the discretion of said authorities. Discretion of authorities. SEC. VII. Be it further enacted, That the citizens of cities and towns shall not be required to work the public roads outside the corporate limits, nor to pay the commutation tax. Citizens of cities and towns not affected. SEC. VIII. Be it further enacted, That any person who has failed or refused to pay the commutation tax when demanded by the officer appointed by the authorities to make such demand, and who shall, without a good excuse, fail or refuse to appear at the time and place appointed, to work when summoned or notified by the officer whose duty it is to give said summons or notice by the rules of the authorities having charge of the public roads, or who shall fail or refuse to do faithful work as ordered by the officers in charge of the work when he has appeared, shall be fined not less than one dollar nor more than five dollars for each day he fails to work, or be imprisoned in the common jail, at the discretion of the authority trying the case, or be sentenced to work in the chain-gang for not longer than ninety days. Defaulters. SEC. IX. Be it further enacted, That one or more of the Commissioners of Roads and Revenues, in counties having Commissioners, and the Ordinaries, in counties where the Ordinary has charge of county matters and public roads under this bill, and the County Judge, in counties where said Judge has charge of county matters and public roads under this bill, are hereby authorized and empowered to try all defaulters, and said authority shall hold court or courts for the trial of said defaulters, at any time or times, and at any place or places in the county that may be fixed by said authority; provided , that ten days' notice be given of the time and place, or times and places, to defaulters. Court to try defaulters SEC. X. Be it further enacted, That defaulters shall be summoned for trial by, or arrested by, such officer or officers as the Commissioners or Ordinary or County Judge may appoint, or by any lawful constable of the county. Officer to summon arrest. SEC. XI. Be it further enacted, That this Act shall not go into effect in any county in this State until it is recommended by the grand jury of said county, said recommendation to be made at any term of court. Act not to apply save upon recommendation of grand jury.

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SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with the Act be, and the same are, hereby repealed. Approved October 21, 1891. AMENDING LAWS AS TO INSPECTION OF OILS. No. 259. An Act to amend the laws of this State in reference to the inspection of illuminating oils by providing for the appointment of Inspectors of Oil; prescribing the manner and amount of their compensation; revising the schedule of fees now prescribed by law for the inspection of oils; providing for the disposition of fees, 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 it shall be the duty of the Commissioner of Agriculture of this State to appoint an Inspector of Oils at each of the following places within this State, to-wit: Atlanta, Savannah, Augusta, Macon, Columbus, Rome, Newnan, Brunswick, Americus and Athens, upon the expiration of the terms of office of the present incumbents, or to fill vacancies which may occur from death, resignation or removal from office for incompetency or malfeasance, whose duties as to inspecting oils shall be as now prescribed by law, as to methods of inspecting oils and branding the barrels containing such oils, except so far as said methods of inspecting brandings are varied by the provisions of this Act. Appointment of inspectors. At what places and when. Duties. SEC. II. Be it further enacted, That each of said Inspectors of Oil shall hold his office for two years from the date of his appointment, unless sooner removed by the Commissioner of Agriculture for incompetence or other sufficient cause. If any vacancy shall occur in any of the offices of Inspectors of Oils created by the first section of this Act, the said vacancy shall be filled by appointment by the Commissioner of Agriculture for the unexpired term of the inspector who shall have vacated or been removed from office. The said inspectors shall be authorized to appoint such clerks or deputies, with consent and approval of the Commissioner of Agriculture, as they may find requisite to the perfect carrying out of the laws of this State in reference to the inspection of oils, but each inspector shall be responsible for the perfect and proper performance of all the duties of his office, and shall pay his clerk or deputy out of the compensation provided for himself by the provisions of this Act. Terms of office. Vacances. Clerks or deputies. SEC. III. Be it further enacted, That each of said ten (10) Inspectors of Oil, immediately after his appointment, and before entering upon his duty as inspector, shall give bond in an amount to be fixed by the Commissioner of Agriculture. Said bond shall be conditioned for the faithful and prompt accounting with the Treasurer of the State for all moneys received by him and his deputies

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as fees for inspecting illuminating oils or other fluids, that shall be paid into the Treasury under the provisions of this Act. This bond shall be made payable to the Governor, and shall be signed by the said inspector and sureties and approved by the Commissioners of Agriculture. Board of inspectors. SECTION IV. Be it further enacted, That all inspectors, provided for by this Act, shall receive compensation as follows: Said inspectors shall remit to the Treasurer each month, at the time of making their monthly statements, one-third of all fees received by them in excess of twenty-five dollars per month, provided that when any inspector's receipts for a month shall, under the operation of this section, be such that two-thirds thereof shall exceed one hundred and twenty-five dollars, he shall remit to the Treasurer all of said receipts in excess of said amount of one hundred and twenty-five dollars. Each inspector shall keep a record of the amounts of oils inspected, with the name of the person, corporation or firm for whom said inspection is made, and also all the moneys received by him for said inspection, and he shall forward monthly reports on the first day of each month, containing an abstract from said record for the month preceding, to the Commissioners of Agriculture, and shall at the same time forward to the Treasurer of the State all the moneys received by him as fees during that time, except what he is entitled to retain as his compensation. Said reports shall give the name of the inspector, or deputy, who inspected each lot of oil. Compensation, etc. Records. Reports, etc. SEC. V. Be it further enacted, That from and after the passage of this Act the following shall be the legal schedule of fees for official inspection of oils in this State: For inspecting lots of four hundred gallons and upwards, one-half cent per gallon; for inspecting in quantities of more than two hundred and less than four hundred gallons, one cent per gallon; for inspecting in quantities of less than two hundred gallons, one and one-half cents per gallon. There shall be no difference of charges in cases where the oil inspected is in barrels from charges where the oil is in bulk; provided, however , that in all cases where the inspection is made outside the town or city in which the inspector holds his office, the inspector shall collect from the person procuring the inspection five cents a mile for each mile traveled going and returning in making the inspection, and his other actual expenses. Schedule of fees. Mileage. SEC. VI. Be it further enacted, That the Commissioners of Agriculture shall appoint inspectors at such other places in this State in addition to the ten (10) provided for in section 1 of this Act as in his judgment may be proper and necessary to insure the inspection of oils throughout the State. These additional inspectors may be appointed at any time when the Commissioners of Agriculture shall find that a necessity for said inspectors, or any of them, exists, and shall hold their office for same time, and subject to the same conditions and duties, as inspectors hereinbefore provided for, provided that the compensation and bond of said inspectors shall be fixed in the same manner as in case of the ten inspectors provided for in section 1 of this Act. Additional inspectors

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SEC. VII. Be it further enacted, That each of the said inspectors appointed under the terms of this Act shall, of themselves, or their deputies, respond to all calls and demands for the inspection of oil from places within thirty miles of the town or city for which they were appointed. The mileage and traveling expenses allowed the inspectors under this need not be accounted for in their monthly statements, but are in the nature of extra compensation allowed said inspectors for extra labor performed in making inspections. Territory of inspectors. Mileage extra compensation SEC. VIII. Be it further enacted, That in all cases where oil is inspected in bulk, before said oil is put into barrels, it shall be the duty of the inspector to either see the oil so inspected put into barrels on which he has placed his official brand, or else he shall again take samples from among the barrels into which said bulk oil has been unloaded before he shall place his official brand upon said barrels. In his discretion, the official inspector may refuse to inspect oil in bulk, and require the owner or dealer in oils to put said oils into barrels or other packages for retail trade before he will accord it an official inspection; provided always , that no official inspection of bulk oils shall be made at any place in this State except where said bulk oils are to be unloaded and put in barrels or other packages for retail trade. Inspection in bulk. SEC. IX. Be it further enacted, That the official brand used by inspectors of oils shall in no case be used for branding barrels or cases of illuminating oils by any other person than the regularly appointed inspector under this Act, or his deputy. In no case shall an inspector be a dealer in oils, or be in the employ of a dealer in oils, or have as his deputy any person dealing in oils, or in the employ of any person or corporation so dealing in oil. The use of said official branding device by any person contrary to the provisions of this Act shall subject the person so using it to all the penalties prescribed in section 4310 of the Code of 1882. Use of official brands. Inspector nor deputy to be dealer in oils or employed by dealer. Illegal use of official brands. SEC. X. Be it further enacted, That the provisions of this bill as to term of office and pay for services shall not apply to inspectors now in commission until January 1, 1892, when it shall apply to the compensation, but shall apply at once to all Inspectors of Oil appointed after the passage of this Act, whether the appointment be for a term or to fill vacancies. Whenever any party desires to have oil inspected he shall, at the time of sending the order for inspection to the inspector, send a duplicate of the order to the Commissioner of Agriculture, and for a failure to do so shall be punished as prescribed in section 4310 of the Code. This Act not applicable to present inspectors until Jany. 1, 1892. Duplicate of request for inspection to be sent Commissioner of Agriculture. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved December 30, 1890.

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AMENDING ACT OF DECEMBER 30, 1890, AS TO INSPECTION OF OILS. No. 600. An Act to amend section 5 of an Act approved December 30th, 1890, entitled an act to amend the laws of this State in reference to the inspection of illuminating oils by providing for the appointment of Inspectors of Oils; by prescribing the manner and amount of their compensation, revising the schedule of fees now prescribed by law for the inspection of oils; providing for the disposition of fees and for other purposes, so as to strike the proviso from said section. SECTION I. Be it enacted by the General Assembly of Georgia, That section 5 of the above recited Act be amended by striking from said section the following words: provided, however , that in all cases when the inspection is made outside the town or city, in which the inspector holds his office, the inspector shall collect from the person procuring the inspection five cents a mile for each mile traveled going and returning in making the inspection, and his other actual expenses, so that said section, as amended, will read as follows: That from and after the passage of this Act the following shall be the legal schedule of fees for official inspection of oils in this State: For inspecting lots of four hundred gallons and upwards, one-half cent per gallon; for inspecting in quantities of more than two hundred gallons and less than four hundred, one cent per gallon; for inspecting in quantities of less than two hundred gallons, one and one-half cent per gallon. There shall be no difference of charges in cases where the oil inspected is in barrels from charges when oil is in bulk. Section five amended. By striking provision as to mileage. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891. INCREASING NUMBER OF FERTILIZER INSPECTORS. No. 113. An Act to increase the number of Fertilizer Inspectors from six to ten. WHEREAS, The number of fertilizer manufactories having increased to such an extent that it is impossible for the present number of inspectors to give that thorough and correct attention requisite for the protection of the purchasers of fertilizers; and Preamble

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WHEREAS, The salaries of the present number of inspectors have been reduced from fifteen hundred to twelve hundred dollars per annum, and there being no additional cost to the State; Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That the Commissioner of Agriculture shall appoint four (4) Special Inspectors whose term of office shall be from January 1st to May 1st in each year, whose compensation shall be one hundred dollars per month for four months for each inspector; said amounts to be paid out of the fees arising from the inspection of fertilizers. Special inspectors. Terms of office. Compensation. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of said Act be, and the same are, hereby repealed. Approved December 24, 1890. REGULATING SALE OF FERTILIZERS, ETC. No. 168. An Act to regulate the sale of Fertilizers in this State, to fix a method for determining the value 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 from and after the passage of this Act, it shall be lawful for any purchaser of fertilizers, from any owner thereof, or agent of such owner, to require of the person selling, and at the time of the sale or delivery, to take from each lot of each brand sold a sample of its contents. Buyer may require sample. SEC. II. Be it further enacted, That said sample so taken shall be mixed together and placed in a bottle, jar, or such other [Illegible Text], as the purchaser may present. It shall then be the duty of such purchaser and seller to deliver said package to the Ordinary of the county, who shall label same with the names of the parties and of the fertilizers. Sample to be delivered to ordinary. Who shall label it. SEC. III. Be it further enacted, That said Ordinary shall safely keep said package, allowing neither party access to the same save as hereinafter provided. The Ordinary shall receive a fee of ten (10) cents from the party depositing such sample for each sample so deposited. And safely keep it. Ordinary's fee. SEC. IV. Be it further enacted, That should said purchaser after having used such fertilizers upon his crops, have reason to believe from the yields thereof, that said fertilizer was totally or partially worthless, he shall notify the seller, and apply to the Ordinary to forward the said sample, deposited with him (or a sufficiency thereof to insure a fair analysis) to the State Chemist, without stating the names of the parties, the name of the fertilizer or giving its guaranteed analysis, the cost of sending being prepaid by purchaser. Sample to be forwarded for analysis. Cost of sending.

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SEC. V. Be it further enacted, That it shall be the duty of said State Chemist to analyze and send a copy of the result to said Ordinary. State chemist to analyze, etc. SEC. VI. Be it further enacted, That should said analysis show that said fertilizer comes up to the guaranteed analysis upon which it is sold, then the statement so sent by the State Chemist shall be conclusive evidence against a plea or partial or total failure of consideration. But should said analysis show that such fertilizer does not come up to the guaranteed analysis, then the sale shall be illegal, null and void, and when suit is brought upon any evidence of indebtedness given for such fertilizer, the statement of such chemist, so transmitted to the Ordinary, shall be conclusive evidence of the facts whether such evidence of indebtedness is held by an innocent third party or not. Effect of analysis as evidence. SEC. VII. Be it further enacted, That in lieu of the State Chemist, should the parties to the contract agree upon some other chemist to make said analysis, all the provisions of the Act shall apply to his analysis and report to the Ordinary. Chemist may be agreed on SEC. VIII. Be it further enacted, That should the seller refuse to take said sample, when so requested by the purchaser, then upon proof of this fact the purchaser shall be entitled to his plea of failure of consideration, and to support the same by proof of the want of effect and benefit of said fertilizer upon his crops, which proof shall be sufficient to authorize the jury to sustain defendant's plea within whole or in part, whether said suit is brought by an innocent holder or not. Refusal by seller to take sample. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. GENERAL LAW AS TO INSPECTION, ANALYSIS AND SALE OF FERTILIZERS. No. 721. An Act to amend and consolidate the laws governing the inspection, analysis and sale of commercial fertilizers, chemicals and cotton seed meal in the State of Georgia, and to repeal all other laws and parts of laws in conflict therewith, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all manufacturers of, or dealers in, commercial fertilizers, or chemicals or cotton seed meal to be used in manufacturing the same, who may desire to sell, or offer for sale, in the State of Georgia, such fertilizers, chemicals or cotton seed meal, shall first file with the Commissioner of Agriculture of the State of Georgia the name of each brand of fertilizers or chemicals which he or they may desire to sell in said State, either by themselves or their

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agents, together with the name of the manufacturer, the place where manufactured, and also the guaranteed analysis thereof, and if the same fertilizer is sold under different names, said facts shall be so stated, and the different brands that are identical shall be named. Name of brand to be sold, etc., to be filed with Commissioner of Agriculture. SEC. II. Be it further enacted, That all fertilizers, or chemicals for manufacturing the same, and all cotton seed meal, offered for sale or distribution in this State, shall have branded upon or attached to each bag, barrel or package the guaranteed analysis thereof, showing the percentage of valuable elements or ingredients such fertilizer or chemical contains, embracing the following determinations: Guaranteed analysis to be branded on packages. Moisture, at 212 degrees Fahrenheit, per cent. Determination to be shown. Insoluble phosphoric acid, per cent. Available phosphoric acid, per cent. Ammonia, actual and potential, per cent. Potash (K2O), per cent. The analysis so placed upon or attached to any fertilizer or chemical shall be a guarantee by the manufacturer, agent or person offering the same for sale that it contains substantially the ingredients indicated thereby, in the percentages named therein, and said guarantee shall be binding on said manufacturer, agent or dealer, and may be pleaded in any action or suit at law to show total or partial failure of consideration in the contract for the sale of said fertilizer, chemical or cotton seed meal. Guarantee of analysis. Guarantee binding and may be pleaded. SEC III. Be it further enacted, That it shall be the duty of the Commissioner of Agriculture to forbid the sale of either of the following: Any acid phosphate which contains less than ten per centum of available phosphoric acid; any acid phosphate with potash which contains a sum total of less than ten per centum of available phosphoric acid and potash when the per cents. of the two are added together; any acid phosphate with ammonia which contains a sum total of less than ten per centum of available phosphoric acid and ammonia when the per cents. of the two are added together; any acid phosphate with ammonia and potash which contains a sum total of less than ten per centum of available phosphoric acid, ammonia and potash when the per cents. of the three are added together; that no brands shall be sold as ammoniated superphosphates unless said brands contain two per cent. or more of ammonia; and also to forbid the sale of all cotton seed meal which is shown by official analysis to contain less than seven and one-half per centum of ammonia. Nothing in this Act shall be construed to nullify any of the requirements of an Act entitled an Act to require the inspection and analysis of cotton seed meal. Sale of certain fertilizers forbidden. Not to affect Act as to inspection, etc., of cotton seed meal. SEC. IV. Be it further enacted, That all persons or firms who may desire or intend to sell fertilizers, chemicals or cotton seed meal in this State shall forward to the Commissioner of Agriculture a printed or plainly written request for the tags therefor, stating the name of the brand, the name of the manufacturer, the place where manufactured, the number of tons of each brand and number of tags required, and the person or persons to whom the same is consigned,

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the guaranteed analysis, also the number of pounds contained in each bag, barrel or package in which said fertilizer, chemical or cotton seed meal is put up; and shall, at the time of said request for tags, forward directly to the Commissioner of Agriculture the sum of ten cents per ton as an inspection fee; whereupon, it shall be the duty of the Commissioner of Agriculture to issue tags to parties so applying, who shall attach a tag to each bag, barrel or package thereof, which, when so attached to said bags, barrels or packages, shall be prima facie evidence that the seller has complied with the requirements of this Act. Any tags left in the possession of the manufacturers or dealers at the end of a season shall not be used for another season, nor shall they be redeemable by the Department of Agriculture. Requests for tags. Inspection fees. Issue and use of tags. Unused tags. SEC. V. Be it further enacted, That it shall not be lawful for any person, firm or corporation, either by themselves or their agents, to sell or offer for sale, in this State, any fertilizer chemical or cotton seed meal without first registering the same with the Commissioner of Agriculture, as required by this Act, and the fact that the purchaser waives the inspection and analysis thereof, shall be no protection to said party so selling or offering the same for sale. Unlawful to sell without registration. Though inspection and analysis waived by buyer. SEC. VI. Be it further enacted, That the Commissioner of Agriculture shall appoint twelve inspectors of fertilizers or so many inspectors as in said Commissioner's judgment may be necessary who shall hold their offices for such terms as said Commissioner of Agriculture shall in his judgment think best for carrying out the provisions of this Act. The greatest compensation that any one inspector of fertilizers shall receive shall be at the rate of one hundred dollars per month, and his actual expenses, while in the discharge of his duty as such inspector. It shall be their duty to inspect all fertilizers, chemicals or cotton seed meal that may be found at any point within the limits of this State, and go to any point when so directed by the Commissioner of Agriculture, and shall see that all fertilizers, chemicals or cotton seed meal are properly tagged. Inspectors. Terms of office. Compensation. Must inspect and see that packages are properly tagged. SEC. VII. Be it further enacted, That each inspector of fertilizers shall be provided with bottles in which to place the samples of fertilizers, chemicals or cotton seed meal drawn by him, and shall also be provided with leaden tags, numbered in duplicate from one upward, and it shall be the duty of each inspector of fertilizers to draw a sample of all fertilizers, chemicals and cotton seed meal that he may be requested to inspect, or that he may find uninspected, and he shall fill two sample bottle with each brand, and place one leaden tag of same number in each sample bottle, and shall plainly write on a label on said bottles the number corresponding to the number on said leaden tags in said bottles, and shall also write on the label on one of said bottles, the name of the fertilizer, chemical or cotton seed meal inspected, the name of the manufacturer, the place where manufactured, the place where inspected, the date of the inspection, and the name of the inspector, and shall send or cause to be sent to the Commissioner of Agriculture

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the samples so drawn by him annexed to a full report of said inspection, written on the form prescribed by said Commissioner of Agriculture, which report must be numbered to correspond with the number on said sample bottles, and number on the leaden tags placed therein; and it shall also be the duty of said inspectors of fertilizers to keep a complete record of all inspections made by them on forms prescribed by said Commissioner of Agriculture. Before entering upon the discharge of their duties they shall take and subscribe, before some officer authorized to administer the same, an oath faithfully to discharge all the duties which may be required of them in pursuance of this Act. Duties of inspectors as to samples, tags, etc. Reports Record. Oath of inspectors. SEC. VIII. Be it further enacted, That the Commissioner of Agriculture shall have the authority to establish such rules and regulations in regard to the inspection, analysis and sale of fertilizers, chemicals and cotton seed meal, not inconsistent with the provisions of this Act, as in his judgment will best carry out the requirements thereof. Rules prescribed by Commissioner of Agriculture. SEC. IX. Be it further enacted, That it shall be the duty of the Commissioner of Agriculture to keep a correct account of all money received from the inspection of fertilizers, and to pay the same into the treasury, after paying out of said sum the expenses and salaries of the inspectors, and for the tags and bottles used in making such inspections. Accounting for money received from inspectors. SEC. X. Be it further enacted, That all contracts for the sale of fertilizers or chemicals in the State of Georgia, made in any other manner than as required by this Act, shall be absolutely void; provided , that nothing in this Act shall be construed to restrict or void sales of acid phosphate, kainit or other fertilizer material in bulk to each other by importers, manufacturers or manipulators, who mix fertilizer materials for sale, or as preventing the free and unrestricted shipment of these articles in bulk to manufacturers or manipulators, who mix fertilizer material for sale. Contracts for sale, not made as required by this Act, void. Proviso. SEC. XI. Be it further enacted, That any person selling or offering for sale any fertilizers or chemicals, without first having complied with 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 for illegal sale or offer to sell. 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 19, 1891.

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TITLE X . RAILROAD COMMISSION AND CORPORATIONS. ACTS. Investigation, etc., of Through Freight Rates by Railroad Commission. Amending Caption of Act Creating Railroad Commission. Railroad Commission to Fix Storage Charges by Railroads, etc. Inspection of Railroads by Railroad Commission. Powers of Railroad Commission Extended to Express and Telegraph Companies. Municipal Taxation of Railroads. General Law for Uniform Amendment of Special Railroad Charters. To Prevent Unjust Discriminations between Railroads. Requiring Common Carriers to Trace Freight, etc. Equal Accommodations and Separate Cars for White and Colored Passengers, etc. General Law for Incorporating Railroads. Transportation of Live Stock by Common Carriers. General Law for Incorporating Street and Suburban Railroads. Confirming Charters of Street and Suburban Railroads under General Railroad Law. Authorizing Street Railroads to Sell to and Contract with Each Other. For Regulation of Banks. General Law for Incorporation of Banks. Regulating Interstate Building and Loan Associations. Qualifications of Railroad Telegraph Operators. Protection of Discharged Employees of Corporations. Regulating Hours of Labor of Trainmen. Amending Act as to Regulating Hours of Labor of Train Men. Requiring Certain Corporations to Furnish Discharged Employees with Causes of Discharge. Confirming Charters Granted by Superior Courts Since Act of November 13, 1889. As to Incorporation of Villages, Towns, Schools, Churches, etc. INVESTIGATION, ETC., OF THROUGH FREIGHT RATES BY RAILROAD COMMISSION. No. 62. An Act to enlarge the powers of the Railroad Commission of Georgia, to prescribe for them additional 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

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Act, it shall be the duty of the Railroad Commission of Georgia to investigate thoroughly all through freight rates from points out of Georgia to points in Georgia, and from points in Georgia to points out of Georgia, both those now fixed and those that may hereafter be fixed. Railroad Commission to investigate through freight rates. SEC. II. Be it further enacted, That whenever the Railroad Commission of Georgia finds that a through rate, charged into or out of Georgia, is, in their opinion, excessive or unreasonable, or discriminating in its nature, it shall be the duty of the Commission to call the attention of the railroad officials in Georgia to the fact, and to urge upon them the propriety of changing such rate or rates. And report improper charges to railroad officials. SEC. III. Be it further enacted, That whenever such rates are not changed according to the suggestion of the Railroad Commission, it shall be the duty of the Commission to present the facts, whenever it can legally be done, to the Interstate Commerce Commission, and to appeal to it for relief. And if not changed to present facts to Interstate Commission. SEC. IV. Be it further enacted, That in all work devolving upon the Railroad Commission, prescribed by this Act, they shall receive, upon application, the services of the Attorney-General of this State, and he shall also represent them whenever called upon to do so, before the Interstate Commerce Commission. Attorney-General to assist and represent Railroad Commission. 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 December 18, 1890. AMENDING CAPTION OF ACT CREATING RAILROAD COMMISSION. No. 338. 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 to 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,

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That the caption of the above recited Act be, and the same is, hereby amended as follows, to-wit: Caption of Act of Oct. 14, 1889, amended. After the word tariffs, in the second line, add the following words: and the location and building of passenger and freight depots, so that the whole caption of said Act will read as follows: An Act to provide for the regulation of railroad freight and passenger tariffs, and the location and building of passenger and freight depots in this State, to prevent unjust discrimination in the rates charged for the transportation of passengers and freight, 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 to 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. By inserting and the location and building of passenger and freight depots. SEC. II. Be it further enacted, That all laws in conflict with the foregoing be, and the same are, hereby repealed. Approved August 31, 1891. RAILROAD COMMISSION TO FIX STORAGE CHARGES BY RAILROADS, ETC. No. 700. An Act to require the Railroad Commission to fix rates of storage to be charged by railroad companies in this State; to prescribe regulations for charging the same, and to prescribe how suit shall be brought for overcharges, and to fix the measure of recovery, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, power is hereby conferred on the Railroad Commission of Georgia, and they are required to fix and prescribe a schedule or maximum rates and charges for storage of freight made and charged by railroad companies doing business in this State, and to fix at what time after the reception of freight at place of destination such charges for storage shall begin; with power to vary the same according to the value and character of the freight stored, the nature of the place of destination, and residence of consignee, and such other facts as in their judgment should be considered in fixing the same. Commission to fix charges for storage. And when such charges shall begin. Power to vary rates: SEC. II. Be it further enacted, That all of the provisions of the Act creating said Railroad Commission and Acts amendatory thereof, prescribing the procedure of said commission

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in fixing freight and passenger tariffs, and hearing complaints of carriers and shippers, and of altering and amending said tariffs, shall apply to the subject of fixing and amending rates and charges for storage, as aforesaid. Provisions of other Acts as to Railroad Commission applicable to this. SEC. III. Be it further enacted, That no railroad company shall make or retain, directly or indirectly, any charge for storage of freight greater than that fixed by the commission for each particular storage, nor shall they discriminate, directly or indirectly, by means of rebate, or any other device in such charges between persons. Railroads forbidden to charge storage greater than that fixed. Or to make discriminations. SEC. IV. Be it further enacted, That if any railroad company shall violate the provisions of this Act, either by exceeding the rates of storage prescribed or by discriminating as aforesaid, the person or persons so paying such overcharge, or subjected to such discrimination, shall have the right to sue for the same in any court of this State having jurisdiction of the claim, and shall have all the remedies and be entitled to recover the same penalties and measure of damages as is prescribed in the case of overcharge of freight rates, upon making like demand as is prescribed in such case, and after like failure to pay the same. Remedy for violations by railroads. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, repealed. Approved October 17, 1891. INSPECTION OF RAILROADS BY RAILROAD COMMISSION. No. 710. An Act to give the Railroad Commission of Georgia authority, upon complaint made, to inspect the railroads, or any railroad, or any part of any railroad in this State, and if found in an unsafe or dangerous condition, to require the same put and kept in such condition as will render travel over the same safe and expeditious; to provide a penalty for failing to obey the orders of the said Commission, and for other purposes. SECTION I. Be in enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the Railroad Commission of this State is hereby empowered and required, upon complaint made, to inspect for themselves, or through an agent, the railroads, or any railroad, or any part of any railroad in this State, and if the same is found in an unsafe or dangerous condition, to require

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the same put and kept in such condition as will render travel over the same safe and expeditious; provided , that reasonable time be given the railroad authorities in which to accomplish the work or repairs that may be required or ordered; provided , that this Act shall not limit or effect the liability of railroads in cases of damage to person or property. Inspection by commission required. If condition unsafe to be put and kept in safe condition. Reasonable time to be given. SEC. II. Be it further enacted, That any railroad failing or refusing to obey the orders of said commission, within the time allowed for said work, shall be liable to a penalty of not more than five thousand dollars, to be recovered by a suit brought in the name of the State, in which suits the Attorney-General, or Solicitor-General, shall represent the State, and his fees shall be the same as now provided by law. Suits shall be brought in the county where the wrong or violation occurs. Not to affect liability for damages. Penalty for not obeying order. 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 17, 1891. POWERS OF RAILROAD COMMISSION EXTENDED TO EXPRESS AND TELEGRAPH COMPANIES. No. 748. An Act to extend the powers of Railroad Commissioners so as to give them power and authority to regulate charges by express companies for transportation; to regulate charges of telegraph companies for the transmission of messages by telegraph or charges by persons engaged in the several businesses named herein; to apply the powers given to said Commissioners by law, over railroad companies, to all companies or persons owning, controlling or operating a line or lines of express and telegraph, and make the penalties prescribed against railroads for violating Commissioners' rules apply to the companies and person herein named, whose line or lines is or are wholly or in part 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, all companies or persons owning, controlling or operating, or that may hereafter own, control or operate, a line

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or lines of express or telegraph, whose line or lines is or are in whole or in part in this State, shall be under the control of the Railroad Commissioners of this State, who shall have full power to regulate the prices to be charged by any company or person or persons owning, controlling or operating any line or lines of express and telegraphs for any service performed by such company, person or persons, and all the powers given to said Commissioners over railroads in this State, and all the penalties prescribed against railroad companies or persons operating railroads by existing laws, embraced in sections of the Code of 1882, from section 719 a) to section 719(p), both inclusive, are hereby declared to be of force against corporations, companies, or a person or persons owning, controlling or operating a line or lines of express and telegraph, doing business in this State, whose line or lines is or are, wholly or in part, in this State, so far as said provisions of the Code can be made applicable to any corporation, company, person or persons, owning, controlling or operating a line or lines of express and telegraphs. The said Commissioners shall also have power and authority to require said companies to locate agencies at railroad stations. Express and telegraph companies to be under control of commission. For regulation of prices. Powers over railroads and penalties against them of force as to express and telegraph companies. So far as applicable. Location of agencies. SEC. II. Be it further enacted by the authority aforesaid, That the powers of the Commissioners to regulate charges by corporations, companies and persons herein referred to, shall apply only to charges by express for transportation from one point to another in this State; and to messages sent by telegraph from one point to another in this State. Regulation of charges only as to transportation and messages in this State. 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 21, 1891. MUNICIPAL TAXATION OF RAILROADS. No. 96. An Act to make railroad companies subject to municipal taxation. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all the property, both real and personal, belonging to railroad companies in this State, which is within the taxable limits of any municipal corporation, shall be, and the same is, hereby made subject to taxation by

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the said municipality as fully and as completely as is the property of other corporations within the said taxable limits. And it is hereby made the duty of the municipal authorities to cause the said property within the said taxable limits belonging to a railroad company to pay its proper and just pro rata of the said municipal taxes. All property of railroads subject to municipal taxation. Duty of municipalities to impose tax. SEC. II. Be it further enacted by the authority aforesaid, That in addition to the facts required to be shown by the Act of the General Assembly approved October 16, 1889, entitled an Act to provide a system of taxation of railroad property in each of the counties of the State through which said railroad runs, and to provide a mode of assessing and collecting the same, and for other purposes, every railroad company in this State shall, at the time of making the return provided for in said Act, also show the value of the company's property in each incorporated city or town through which it runs. Railroad return must show value of property in towns or cities. SEC. III. Be it further enacted by the authority aforesaid, That the rolling stock and other personal property of said railroad companies shall be distributed to said municipalities, on the same basis that rolling stock and other personal property are distributed to the counties under the provisions of said Act of October 16, 1889; that is, as the value of the whole property, real and personal, of the said company is to the value of the property located in the particular municipality, such shall be the amount of rolling stock and other personal property to be distributed for taxing purposes to each municipality. Distribution of rolling stock and personality for taxation. SEC. IV. Be it further enacted by the authority aforesaid, That all other provisions of said Act, approved October 16, 1889, be, and the same are, hereby made applicable to the assessment and collection of taxes of railroads by municipalities upon the property of such railroads located in such municipalities, and upon the rolling stock and other personal property distributed under section three (3) of this Act. Provisions of Act of Oct. 16, 1889, made applicable. SEC. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890.

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GENERAL LAW FOR UNIFORM AMENDMENT OF SPECIAL RAILROAD CHARTERS. No. 229. An Act to provide by a general law for the uniform amendment of special charters of railroad companies which have been heretofore, or may hereafter be granted, and to dispense with and alleviate special legislation in these particulars, by granting to all railroad companies now or hereafter incorporated under special charters upon the terms and subject to the provisions and limitations of this Act, all of the powers enumerated in the Code of 1882, section 1689(i) to 1689(gg) inclusive, and the Acts amendatory thereof, subject to the limitations contained in said sections and Acts. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, any railroad company, which has been heretofore or may be hereafter incorporated under any special charter granted by the General Assembly of this State, shall be entitled to exercise all the powers provided for by, and specified in, sections 1689(i) to 1689(gg) inclusive, of the Code of Georgia of 1882, and the Acts amendatory thereof, and said powers are hereby granted to them upon compliance with the provisions of this Act. Railroads incorporated under special charters granted powers provided by the general railroad law. SEC. II. Be it further enacted, That whenever any railroad company, chartered as aforesaid, desires to accept the amendment of its charter provided for in this Act, and to enjoy and exercise the powers hereby granted, it shall, by resolution of its Board of Directors, authorize its president to make and file in the office of the Secretary of State a declaration in writing, signed by its president and given under its corporate seal, certifying that it desires to enjoy the powers granted in this Act, and accepts the same as an amendment to its charter subject to all the terms and conditions of this Act. Method of obtaining the powers mentioned SEC. III. Be it further enacted, That upon the filing of such declaration with the Secretary of State, he shall issue to said company a certificate reciting that it has duly filed the declaration provided for in section 2 of this Act, and that its charter has become amended in accordance with the provisions of this Act, and that it is entitled to exercise all the powers conferred by this Act. Certificate from Secretary of State. SEC. IV. Be it further enacted, that upon the compliance with the conditions prescribed by the preceding sections of

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this Act, said company shall become vested with all the powers enumerated in said Code sections above named, and that all provisions of the charter of said company in conflict with, or limiting or restricting, said powers be, and the same are, hereby repealed. Effect of compliance with conditions of this Act. SEC. V. Be it further enacted, That whenever any railroad company shall accept the provisions of this Act, it shall thereafter hold its charter subject to the provisions of the Constitution of this State. Charter to be held subject to provisions of the Constitution. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. TO PREVENT UNJUST DISCRIMINATIONS BETWEEN RAILROADS. No. 677. An Act to further carry into effect paragraph 1 of section 2 of article 4 of the Constitution of the State, and to prevent unjust discrimination on the part of any railroad operated within or partly within this State against any other railroad company within this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any railroad company having an office or agency within the State of Georgia to refuse to put on sale, or to refuse to sell, any ticket of any other railroad company, with which the same may be directly or indirectly connected, at the price or rate fixed by the Railroad Commission of this State for passage over lines of such connecting roads, less such amount as may be directed, to be deducted from such rate by any one or more of said connecting lines; and it shall be unlawful, after the sale of such ticket, to refuse to issue check or checks for baggage over such connecting lines, and upon such tickets to the extent that the baggage may be allowed to be checked under the ordinary rules and regulations of said companies. Railroads must sell tickets of connecting roads. At rate fixed by Railroad Commission, etc. Unlawful to refuse to check baggage over connecting lines. SEC. II. Be it further enacted, That it shall be unlawful for any railroad company operating or doing business wholly or partly within this State to refuse to put on sale with the agents of any other railroad company, wherewith it may be directly or indirectly connected, tickets for any point upon its lines of road, or to refuse to receive such tickets for passage over its lines, or to refuse to receive and transport

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baggage which may be checked upon said tickets so sold; provided , that any railroad company so placing its tickets upon sale with any other railroad company may demand a reasonable deposit of money or other reasonable security, to recover the price of such tickets so placed on sale, and may demand, from time to time, such renewals of such deposits, or other security, as will protect it from any loss by reason of the amounts received from the sale of such tickets. Unlawful to refuse to put tickets on sale with agents of connecting lines. Or to refuse to receive tickets, or check baggage. Proviso. SEC. III. Be it further enacted, That every violation of any of the provisions of this Act, the railroad company, who shall, by itself or its agents, be guilty of such violation, shall be subject to a penalty of one thousand dollars, which may be recovered in any Superior, City or County Court of the county in this State in which such violation may occur, where suit may be brought by the railroad company whose road may be discriminated against, or by the person offering to buy a ticket over such road; and such penalty may be recovered by each of said parties, and the recovery by one shall not be a bar to a recovery of the other. Penalty for violating this Act. SEC. IV. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved October 15, 1891. REQUIRING COMMON CARRIERS TO TRACE FREIGHT, ETC. No. 682. An Act to require common carriers, over which freight has been shipped and has been lost, damaged or destroyed, to furnish to the shipper, consignee or their assigns, within thirty days after application, the necessary information to establish upon which line or connecting line of common carriers said loss, damage or destruction occurred, and in default, to render the carrier to which application was made liable for said loss, damage or destruction, 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 freight that has been shipped, to be conveyed by two or more common carriers to its destination, where, under the contract of shipment or by law, the responsibility of each or either shall cease upon delivery to the next in good order, has been lost, damaged or destroyed, it shall

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be the duty of the initial or any connecting carrier, upon application by the shipper, consignee or their assigns, within thirty days after application, to trace said freight and inform said applicant, in writing, when, where, how and by which carrier said freight was lost, damaged or destroyed, and the names of the parties and their official position, if any, by whom the truth of facts set out in said information can be established. Carriers upon application, must trace freight. SEC. II. Be it further enacted, That if the carrier to which application is made shall fail to trace said freight and give said information, in writing, within the time prescribed, then said carrier shall be liable for the value of the freight lost, damaged or destroyed, in the same manner and to the same extent as if said loss, damage or destruction occurred on its line. Penalty for failure. 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, 1891. EQUAL ACCOMMODATIONS AND SEPARATE CARS FOR WHITE AND COLORED PASSENGERS, ETC. No. 751. An Act to require all railroads doing business in this State to funish equal accommodations and separate cars or compartments for white and colored passengers, to require said companies to furnish comfortable seats, and to sufficiently light and ventilate said cars, to provide for keeping white and colored passengers in their respective cars or compartments, to give conductors and other employees of railroads, and conductors of dummy, electric and street cars certain powers and authority over passengers, to comply with the regulations made by said companies under the provisions of this Act, to provide a penalty for the 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, all railroads doing business in this State shall be required to furnish equal accommodations, in separate cars, or compartments of cars, for white and colored passengers; provided , that this Act shall not apply to sleeping cars. Railroads must furnish equal accommodations in separate cars or compartments. Not to apply to sleeping cars.

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SEC. II. Be it further enacted, That all conductors or other employees in charge of such cars, shall be required to assign all passengers to their respective cars or compartments of cars, provided by the said companies under the provisions of this Act, and all conductors of dummy, electric and street cars shall be required, and are hereby empowered, to assign all passengers to seats on the cars under their charge, so as to separate the white and colored races as much as practicable, and all conductors and other employees of railroads, and all conductors of dummy, electric and street cars shall have, and are hereby invested with, police powers to carry out the provisions of this Act. Employees must assign passengers to their respective cars. Conductors of street cars to assign seats so as to separate the races. Police powers conferred to carry out this Act. SEC. III. Be it further enacted, That any passenger remaining in any car or compartment or seat, other than that to which he may have been assigned, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of 1882. Jurisdiction of such offences shall be in the county in which the same occurs. The conductor and any and all employees on such cars are hereby clothed with power to eject from the train or car any passenger who refuses to remain in such car or compartment or seat as may be assigned to him. Penalty for remaining in car or seat other than that assigned. Power to eject passengers. SEC. IV. Be it further enacted, That when a railroad car is divided into compartments, the space set apart or provided for white and colored passengers, respectively, may be proportioned according to the proportion of usual and ordinary travel by each on the road or line on which said cars are used. Where car divided into compartments. SEC. V. Be it further enacted, That it shall be unlawful for the officers or employees having charge of such railroad cars to allow or permit white and colored passengers to occupy the same car or compartment, and for a violation of this section, any such officer or employee shall be guilty of a misdemeanor, and on conviction thereof shall be punished as is prescrbed in section 4310 of the Code of 1882. Unlawful to permit white and colored passengers to occupy same car, etc. Penalty. SEC. VI. Be it further enacted, That the provisions of this Act shall not apply to nurses or servants in attendance on their employers. Act not applicable to nurses or servants. SEC. VII. Be it further enacted, That all companies operating and using compartment cars or separate cars shall furnish to the passengers comfortable seats, and have such cars well and sufficiently lighted and ventilated, and a failure to so do shall be a misdemeanor, punishable under section 4310 of the Code of 1882. Seats, lights, etc. Penalty for failure to furnish. 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 21, 1891.

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GENERAL LAW FOR INCORPORATING RAILROADS. No. 752. An Act to provide for the incorporating of Railroads in this State; to define the powers and liabilities of the same; to regulate 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, all railroad companies chartered in this State shall have and exercise the powers and privileges, and be subject to the liabilities and restrictions hereinafter specified, and in incorporating the same, it shall only be necessary to state the name of the company, the names of the incorporators, the points between which it proposes to run, and the general direction thereof, and the amount of the capital stock. Each application for charter under the provisions of this Act shall be made to the Secretary of State and be accompanied by a fee of fifty dollars, which shall be paid on the filing of the application, to the Treasurer, and the Secretary of State shall not issue any license or charter before the payment of said fee. Railroads hereafter chartered to have powers, etc., here in provided. What to be stated in incorporating. Applications to be made to Secretary of State. Fee. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said companies shall be divided into shares of one hundred ($100) dollars each, and when the minimum amount of stock fixed by the Act of incorporation has been subscribed, a majority of the incorporators named in the Act shall be authorized to call a meeting for the purposes of organization; of which meeting every subscribing stockholder shall have notice. At said meeting there shall be elected a Board of Directors, consisting of not less than five (5) nor more than thirteen (13), and in said election every subscribing stockholder shall be entitled to one vote for each share which he has subscribed. Said Board of Directors shall elect from their number a President, Vice-President, Secretary and Treasurer, and they shall have authority to appoint such other officers and agents as they shall deem necessary; they shall hold their office for such time as the meeting may prescribe, or until their successors are elected, and shall have and exercise all the powers hereinafter granted to the regular Board of Directors. Capital stock. Organization. First Board of Directors. Officers. Terms of office, etc. SEC. III. Be it further enacted by the authority aforesaid, That when ten per cent. of the capital stock has been paid in as hereinafter prescribed, and not before, the said company

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shall be authorized to commence business. The Directors shall be elected annually (except the Directors elected at the organization) and shall hold their office for one year or until their successors are elected. Said board shall have and exercise the power herein granted, and shall elect from their number a President, Vice-President, if they deem best, Secretary, Treasurer and such other officers, and appoint such agent as they may deem necessary, fix their salaries or compensation, prescribe their duties, require bond for the security of the company if necessary, discharge them if proper. They shall have the right to fill vacancies in their board. The stockholders shall fix the date of the annual meetings and the same shall not be changed, except at an annual meeting or one called for that purpose, of which every stockholder shall have notice. When business may begin. Annual election of directors. Their powers, etc. Annual meetings. SEC. IV. Be it further enacted, That the directors may require the subscribers to the capital stock of the company to pay the amount by them variously subscribed, in such installments as they may deem proper; provided , that ten per cent. shall be paid in before work is commenced, and that the directors may receive cash or property, real or personal, in payment of such installments. If any stockholder shall neglect to pay any installments as required by resolution of the Board of Directors, the said board shall declare his stock forfeited, as well as all previous payments thereon, to the use of the company; but they shall not declare it so forfeited until they have served a notice in writing on him personally, or by depositing said notice in the post-office, postage paid, directed to him at the post-office nearest his usual place of residence, stating that he is required to make such payment, at the time and place expressed in such notice, and that if he fails to make the same, his stock and all previous payments thereon will be forfeited for the use of the company, which notice shall be served as aforesaid, at least sixty days previous to the day on which such payment is required to be made. Payment of capital stock. SEC. V. Be it further enacted, That the stock of every company formed under this Act shall be deemed personal estate, and shall be transferable in the manner prescribed by the by-laws of the company: but no share shall be transferable until all previous calls thereon shall have been fully paid in, and all property, whether real or personal, of any stockholder in this State, in any such corporation as is provided for in this Act, shall be exempt from the debts or liabilities of such corporation, except to the amount of the subscribed stock of, or in, such corporation. Forfeiture of stock. Transfers of stock. Liability of stockholder for debts of corporation. SEC. VI. Be it further enacted, That every corporation

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formed under this Act shall be empowered: First, to cause such examinations and surveys to be made of the proposed railroad as shall be necessary to the selection of the most advantageous route, and for such purposes, to be empowered by its officers, agents, servants or employees to enter upon the land or water of any person for that purpose. Second, to take and hold such voluntary grants of real estate and other property as may be made to it to aid in the construction, maintenance and accommodation of its roads: but the real estate received by voluntary grant shall be held and used for the purpose of such grant only. Third, to purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its road and the stations, wharves, docks, terminal facilities and all other accommodations necessary to accomplish the object of its incorporation, and to sell, lease or buy any land necessary for its use. Fourth, to lay out its road, not exceeding two hundred feet in width, and to construct the same, and for the purpose of cuttings and embankments, and for obtaining gravel and other material, to take as much land as may be necessary for the proper 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 this Act for property taken for use of such company. Fifth, to construct it road across, along or upon, or use of, any stream of water, water-course, street, highway or canal which the routes of its road shall intersect or touch, and whenever the track of any such road shall touch, intersect or cross any road, highway or street, it may be carried over or under such railroad, as may be found most expedient for the public good, and in case any embankment or cut in the construction of any railroad provided for in this Act shall make it necessary to change the course of any highway or street, it shall be lawful for the company constructing said railroad so to change the course or direction of any road, highway or street; provided , that before changing course of any public highway or street, or using the same, the consent of the public authorities having control of said highway or street shall be first obtained; provided , that no railroad constructed under the provisions of this Act shall be allowed to cross any other railroad at a grade level, but such crossing shall be either under or over such other railroad track, unless by consent of such railroad company whose track is to be crossed, and when there is such consent, then, in that event the provisions of this Act as to the stopping of trains before making such crossings shall apply. In the event it is impossible to

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cross said railroad except at a grade level, and the consent of the already constructed road cannot be had, then the differences shall be settled by the decision of the Railroad Commission, who are hereby authorized to pass such order as in their judgment is best. Sixth, to cross, intersect or join, or to unite, its railroad with any railroad heretofore or here after to be constructed, at any point in its route, or upon the ground of any other railroad company, with the necessary turnouts, sideings and switches, and other conveniences necessary in the construction of such road, and may run over any part of any other railroad's right-of-way necessary or proper to reach its freight depot, or the general, or union, or passenger depot, in any city, town or village through or near to which its said railroad may run. Seventh, to take and convey persons or property over their railroad by the use of steam, or animals, or any mechanical power, and to receive compensation therefor, and to do all those things incident to railroad companies. Eighth, to erect and maintain all convenient buildings, wharves, docks, stations, fixtures and machinery, whether within or without a city, town or village, for the accommodation and use of their passengers and freight business. Ninth, to regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor, subject to any law of this State upon the subject. Tenth, to borrow such sum or sums of money, at such rates of interest and upon such terms, as such company or its Board of Directors shall authorize or agree upon and may deem necessary or expedient, and may execute one or more trust deeds or mortgages, or both, if occasion may require, on any railroad or railroads in process of construction by such company, for the amount or amounts borrowed or owing by such company, as its Board of Directors shall deem expedient; and such company may make such provisions in such trust deed or mortgage for transferring their railroad track, depots, grounds, rights, privileges, franchises, immunities, machine houses, rolling-stock, furniture, tools implements, appendages and appurtenances, used in connection with such railroad or railroads in any manner, then belonging to said company, or which shall thereafter belong to it, as security for any bonds, debts or sums of money as may be secured by such trust deeds or mortgage, as they shall think proper; and in case of sale of any railroad or railroads, or any part thereof, constructed or in course of construction, by any railroad, or by virtue of any trust deed, or any foreclosure of any mortgage thereon, the party or parties acquiring titles under such sale, and their associates, successors and assigns, shall have or acquire

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thereby, and shall exercise and enjoy thereafter, the same rights, privileges, grants, franchises, immunities and advantages in or by said trust deed enumerated and conveyed which belonged to and were enjoyed by the company making such deed or mortgage, or contracting such debt, so far as the same relate or appertain to that portion of said road or the line thereof mentioned or described and conveyed by said mortgage or trust deed, and no farther, as fully and absolutely in all respects as the corporators, office holders, shareholders and agents of such company might or could have done therefor had no such sale or purchase taken place; provided , that such purchasers shall only operate said road until the meeting of the next General Assembly, when they shall be incorporated as other railroads in this State. Surveys, etc. Property rights. Construction of roads. Use of Streams. Streets, highways, etc. Crossing roads, highways or streets. Changing course of highways or streets. Consent to be obtained Crossing other railroads. Crossing intersecting or joining other railroads, etc. Motive powers. Compensation. Buildings, etc. Transportation of passengers and property. Borrowing money, etc. Sale under trust deed or mortgage. Proviso. SEC. VII. Be it further enacted, That in the event of any company organized under the provisions of this Act does not procure from the owners thereof, by contract, lease or purchase, the title 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, or other necessary terminal facilities, or necessary or proper for it to reach its freight depot, or the passenger depot, in any city, town or village in the State as provided in this Act, it shall be lawful for said corporation to construct its railroad over any lands belonging to other persons, or over such right-of-way or tracks of other railroads as aforesaid, upon paying or tendering to the owner thereof, or to his or her or its legally authorized representative, just and reasonable compensation for the right-of-way, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner to-wit: When the parties cannot, or do not, agree upon the damage done such other railroad company, for the use of its right-of-way or tracks as aforesaid, or to the owner or owners of the land or other property which the corporation seeks to appropriate as a right-of-way or for its purposes, the corporation created under this Act shall choose one of the citizens of this State as its assessor, and the person or persons or railroad company owning the land sought to be taken or the right-of-way, or track to be used, shall choose another as his, her, its or their assessor, and in case the persons owning such land or a majority of them, if more than one person owns the land sought to be condemned, or said railroad company owning such right-of-way or tracks sought to be used should fail or refuse to make such choice, or select some one to represent his, her, its or their interests, or should be an insane person, lunatic, idiot or minor, or under

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any disability from any cause whatsoever, and have no legal representative, then it shall be the duty of the Ordinary of the county in which such property or right-of-way, or use of tracks so sought to be condemned is situated, to make such selection for such owner or owners or railroad company, so failing or refusing, or unable to make the same as aforesaid, provided the said corporation give notice to said Ordinary that such owner or owners, or railroad company fails or refuses to act as aforesaid, or is an insane person, lunatic, idiot or minor, or under disability from any cause whatsoever, and has no legal representative; and the two assessors thus selected shall choose a third assessor, and the three assessors thus selected shall be sworn to do justice between the parties, and after hearing such evidence as may be offered, both as to the benefits, and as to the damages done the owner or owners of such right-of-way, and right to use the same, and of such track sought to be used, or of such lands sought to be condemned, as the case may be, they or a majority of them shall assess the damages and value the property so sought to be condemned, and shall say in writing what sum said corporation shall pay for the right-of-way, right to use tracks or land so sought to be condemned by it; and they shall file their said award within ten days after it is made, in the office of the Clerk of the Superior Court of the county where said lands or right-of-way, or track sought to be condemned or used, is located, and the said Clerk shall record the same, and it shall have all the force and effect of a judgment or decree by the Superior Court of said county, and in case either party is dissatisfied with said award, the party so dissatisfied, and in case he or she, or they, be under disability and have no legal representative, the Ordinary aforesaid, as the representative of such party, shall have the right, by giving written notice to the other party, within ten days from the time said award is filed, as aforesaid, in said Clerk's office, to enter an appeal in writing from said award to the Superior Court of the county where said award is filed; and at the next term of said court, unless continued for legal cause, it shall be the duty of the judge presiding in said cause to cause an issue to be made up as to the damage or valuation of said land, right-of-way, or right to use such track, as the case may be, and the same to be tried with all the rights for hearing and trying said cause in the Superior Court, and in the Supreme Court, as provided for cases at common law: provided , that no private property shall be taken or damaged until just and adequate compensation has been first paid. The entering of said appeal, and the proceedings thereon shall not hinder or in any way delay the

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said corporation's work or the progress thereof, but the same may proceed without let or hinderance from the time said condemnation proceedings are begun. If said corporation should enter said appeal, that it shall give bond and security for the payment of the amount rendered upon the final hearing of said cause. Should no appeal be entered from said award within said time, and should said corporation fail to pay the same, it shall be the duty of the Clerk of the Superior Court, upon the request of any person interested, to issue execution upon such award, as in other cases of judgment of the Superior Court, and said execution may be levied upon any of the property of such corporation, as in cases of other executions, and if such land-owner or land-owners be an insane person, lunatic, idiot or minor, or under disability from any other cause, and have no legal representative, then, and in that event, said sum so awarded or found due by said corporation for the land so taken, shall be paid to the Ordinary, and he shall cause the same to be so invested for the use of such owner or owners, and to this end he shall appoint such guardians or other legal representatives, to take, hold, manage, and control such funds as is usual, necessary or proper, and said right-of-way, and the 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. Disputed rights of way, etc. Assessment of compensation for. Oath of assessors. Award. Appeals. Proviso. Effect of entering appeal. Corporation appealing must give bond. No appeal and corporation failing to pay. Payment where land owner under disability, etc. SEC. VIII. Be it further enacted, That whenever the track of any railroad constructed by a company under the provisions of this Act, or any law of this State, shall cross a railroad or highway, such highway or railroad may be crossed under or over as may be deemed most expedient; and in cases where a cutting shall make a change in the line of any such highway, or is desirable with a view to more easy ascent or descent, the said company may take such additional lands for the construction of such road or highway upon such new line as may be deemed requisite by the directors, unless the lands so taken for the purposes aforesaid shall be donated for the purpose, under the mode provided in this Act for condemning right of way and other property. May cross under or over other railroads or highways. Additional lands where cuttings change highway. SEC. IX. Be it further enacted, That any railroad company in this State shall have the power, and authority is hereby granted, to make and enter into contracts with any railroad company, which has constructed, or shall hereafter construct, any railroad within this State, or any other State, as will enable said companies to run their roads in connection with each other, and to merge their stocks, or to consolidate with any such company, within or without this State, or to lease or purchase the stock and property of any other such company,

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and hold, use and occupy the same in such manner as they may deem most beneficial to their interests. It shall be lawful for such companies to build, construct and run as part of their corporate property such number of steamboats or vessels as they may deem necessary to facilitate the business operations of such company or companies; provided , that no railroad shall purchase a competing line of railroad, or enter into any contract with a competing line of railroad calculated to defeat or lessen competition in this State, and any violation of this section shall be deemed and held a misuser, and shall subject the corporation to all the penalties incident to such violation of the law. That the secretary or other officer or agent of any railroad corporation, who, by the charter or by-laws of such corporation, is made the custodian of the books, records, papers, or other property of such corporation, shall keep the same in his possession, at all times during business hours, have the same ready to be exhibited to any officer, director or committee of stockholders of any railroad corporation appointed by a majority in amount of said stockholders, and to furnish them, or either of them, transcripts from the records of proceedings of the board of directors of such corporation, under his official hand and seal, on the payment to him of the same fee as that required by law to the clerk of court for transcripts from the records of his office, and the said secretary shall, on resigning his office, or otherwise vacating the same, make over all such books, records, papers and all other property of the corporation which are in his possession to his successor in office, or when no successor has been appointed or elected, to the board of directors, if any, or to the person or persons appointed by the stockholders of such corporation; and such secretary, on being duly summoned to appear as a witness in any case on trial in any Court of Justice in this State, shall attend and produce such books and records of the corporation as may be demanded in such summons to be used on such trial. Merger or consolidation with other companies, etc. Leases, etc. Steamboats or vessels. Contracts with competing lines must not be such as to affect competition. Books, papers, etc. Production of in evidence. SEC. X. Be it further enacted, That any railroad company heretofore, or hereafter, incorporated by or under the laws of this State, may exercise all its rights, franchises and privileges in any other State or Territory of the United States, under and subject to the laws of the State or Territory where it may exercise or attempt to exercise the same, and may accept from any other State or Territory, and use any other additional power and privilege applicable to the carrying of persons and property by railways, steamboats and ships in said State, Territory or the high seas, or otherwise applicable to the operations of said company as herein provided. May exercise rights granted by other States, etc.

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SEC. XI. Be it further enacted, That when a railroad or branch railroad is intended to be built under this Act between two points where a railroad is now constructed, the general direction and location of such new railroad shall be at least ten miles from the railroad already constructed, but this section shall not be construed to refer to any point within ten miles of either terminus, or to prevent said roads from running as near to each other for the said first ten miles from either terminus as the interest of such company building the new route may dictate. Where another railroad is already constructed. Terminal points. SEC. XII. Be it further enacted, That no corporation created under this Act shall continue, except by extension of time by legislative enactment, for a longer period than fifty years, and that all such corporations shall be subject to the provisions of article 4 (four) of the Constitution of the State of Georgia. Term of charters. Subject to provision of article 4 of the constitution. SEC. XIII. Be it further enacted by the authority aforesaid, That none of the rights, powers and franchises herein granted shall be assigned or transferred till at least ten miles of said railroad has been constructed and equipped; provided , said railroad is of greater length than ten miles, and if it is that length or less, then no assignment, transfer, or sale shall be valid till one-half of said road has been constructed and equipped. No transfer of franchises, etc., until ten miles built, etc. SEC. XIV. Be it further enacted, That any charter granted hereafter by the State shall cease and determine, unless at least ten miles, if said road is that long, of the road has been constructed, equipped and operated within three years from the grant of the charter. Charters hereafter granted cease unless ten miles built within three years from grant, etc. SEC. XV. Be it further, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891. TRANSPORTATION OF LIVE STOCK BY COMMON CARRIERS. No. 773. An Act to require Common Carriers to receive live stock for transportation, to prescribe their liability therefor, and to regulate special contracts governing the shipment of the same and to provide a penalty for the violation of this Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That it shall be the duty of all common carriers in this State to receive for transportation all live

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stock of every description and domestic animals, when tendered for shipment by the consignor, without enforcing or requiring said consignor to contract for a liability less than the actual value of such live stock and domestic animals in case of loss or injury to the same, resulting from the negligence of said common carrier, its agents or employees; provided , said common carrier shall not be required to receive for shipment animals diseased, or physically disabled, for shipment. Common carriers must receive live stock for transportation. Without requiring contract for liability less than value. Proviso. SEC. II. Be it further enacted, That all clauses and stipulations in contracts of shipment hereafter made which limit the liability of common carriers in violation of the preceding section shall be void and of no effect unless the shipper shall voluntarily assent to said stipulations. Clauses, etc., In contracts violating preceding section, void. Unless shipper voluntarily assent. Penalty for refusal to receive for transportation. SEC. III. Be it further enacted, That when any common carrier refuses to receive live stock and domestic animals in compliance with section 1 of this Act, such carrier shall be liable to the owner for all damages acerning from the refusal to receive said stock or domestic animals for shipment. 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 21, 1891. GENERAL LAW FOR INCORPORATING STREET AND SUBURBAN RAILROADS. No. 342. An Act to provide a general law for the incorporation of companies to operate street and suburban railroads, and to regulate the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all general laws of this State providing for the incorporation of railroads, and to regulate the same, including all laws to enable purchasers of railroads to form corporations, and to exercise corporate powers and define their rights, powers and privileges, both the original statutes and all amendments thereto, be, and the same are, hereby made applicable to all street and suburban railroad companies to be incorporated for building or having railroads for the carriage of freight and passengers or either, and for their railroads run by whatever motive power; provided , that no street railway within the incorporate limits of any incorporated town or city shall be constructed without

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the consent of the corporate authorities where they shall be located; provided , that all such street railroad companies, so incorporated under general law aforesaid, shall be subject to have and shall be liable for street paving and to other regulations by municipal corporations, as are street railroads and street railroad companies incorporated by separate Act or Acts by the law of this State and of municipal corporations respectively in this State; and provided further , that when any street railroad company, by incorporation or otherwise, under general law as aforesaid, succeeds by purchase or such incorporation to the franchise or road of any other or former company or road, such successor company shall be liable for and shall carry out and discharge any and all obligations of such former company or road, as to schedule, line or route as such former company was liable for or subject to. General laws for incorporating railroads, etc., made applicable to street and suburban railroads. Consent of municipal authorities must be obtained. Liability for street paving, etc. Succession by purchase, etc., to other companies. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 31, 1891. CONFERRING CHARTERS OF STREET AND SUBURBAN RAILROADS UNDER GENERAL RAILROAD LAW. No. 343. An Act to ratify and confirm the incorporation of street and suburban railroad companies under the general law for the incorporation of railroads and to regulate the same, approved 27th of September, 1881, and amendments thereto, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all charters heretofore granted by the Secretary of State to street and suburban railroad companies are hereby confirmed and declared to have had full effect from their dates; provided , that no street railway within the incorporated limits of any incorporated town or city shall be constructed without the consent of the corporate authorities where they shall be located; provided , that all such street railroad companies heretofore incorporated, as aforesaid, shall be subject to pave and shall be liable for street paving and to other regulation by municipal corporations as are street railroads and street railroad companies incorporated by separate Act or Acts by the law of this State, and of municipal corporations, respectively, in this State; and provided

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further , that when any street railroad company, by incorporation or otherwise under general law, as aforesaid, has succeeded by purchase, or by such incorporation under general law, to the franchise or road of any other or former company or road, such successor company shall be liable for and shall carry out and discharge any and all obligations of such former company or road as to schedule, line or route as such former company was liable for or subject to. Charters heretofore granted confirmed. Consent of municipal authorities to construction of street railroad. Liability for street paving, etc. Succession by purchase, etc., to other companies. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 31, 1891. AUTHORIZING STREET RAILROADS TO SELL TO AND CONTRACT WITH EACH OTHER. No. 701. An Act to authorize street railroad companies to sell to and contract with each other, subject to certain limitations. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, all street railroad companies chartered under the general railroad law of this State, or by Acts of the Legislature, shall have power to lease or sell their lines of road, their franchises and all their other property to any other corporation created by the laws of this State for street railroad purposes, either under the general railroad laws or Acts of the Legislature; and their franchises, their lines of road and their property so sold shall remain liable in the hands of the lessee or purchaser for all present debts or claims against the company making the conveyance just as if it had not been leased or sold; provided , that nothing in this Act shall be construed to authorize any such company to sell, lease or otherwise dispose of any of its rights, powers, property or franchises so as to defeat or lessen competition, or to encourage monopoly. Power to lease or sell to other companies. Liability for debts of seller. Sale or lease must not affect competition. SEC. II. 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 October 17, 1891.

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FOR REGULATION OF BANKS. No. 615. An Act to regulate banks, 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 banks and corporations doing a banking business authorized by the laws of Georgia to do a banking business in this State must make quarterly statements under oath to the State Bank Examiner and publish the same in local papers, at the expense of the bank or corporation. Quarterly statements to be furnished and published. SEC. II. Be it further enacted, That no bank or corporation doing a banking business shall loan to any officer of the bank without good collateral. Loans to officers of bank. SEC. III. Be it further enacted, That no bank or corporation doing a banking business shall be allowed to reduce cash in hand, including amount due by banks and bankers, and the market value of all stocks and bonds actually owned and held by the bank or corporation, below twenty-five per cent. (25 per cent.) of the demand deposits. Cash to be kept on hand. SEC. IV. Be it further enacted, That no bank or corporation doing a banking business shall be allowed to loan to any one person, unless such loan is amply secured by good collateral security, more than ten per cent. (10 per cent.) of its capital stock and surplus. Amount of loans allowed. SEC. V. Be it further enacted, That whenever, by reason of losses, a bank's capital stock is impaired, the shrinkage in said capital stock, which is represented by said losses shall be charged on the books of said bank to the account of profit and loss, so that the notes and bills discounted, shown as debts due the bank, shall be the live and collectible assets of said bank. Capital stock impaired, shrinkage charged to profit and loss. SEC. VI. Be it further enacted, That the bank department of the State Treasury or the State Bank Examiner shall be allowed one Clerk at a salary not to exceed twelve hundred dollars per annum, and the said Clerk is hereby authorized at the direction of the Bank Examiner, to examine the said banks of said State. Clerk of State bank examiner Authority SEC. VII. Be it further enacted, That the Bank Examiner or his Clerk shall examine the said banks at least once a year. Examinations at least yearly. SEC. VIII. Be it further enacted, That the following shall be the oath subscribed to by the Cashier of the bank, or corporation doing a banking business, to the said quarterly statements: Oath of cashier to quarterly statements Before me came....., Cashier of.....

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bank, who, being duly sworn, says the above statement is a true statement of the condition of said bank as shown by the books on file in said bank, and he further swears that since last return made to the State Bank Examiner of the condition of said bank to the best of affiant's knowledge and belief that the said bank, through its officers, have not violated or evaded any obligation imposed by law. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891. GENERAL LAW FOR INCORPORATION OF BANKS. No. 750. An Act to prescribe the method of granting charters to banking companies in this State, to define the powers and liabilities 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 all banking companies hereafter chartered in this State shall have and exercise the powers, and be subject to the liabilities and restrictions, hereinafter specified; and in granting charters to the said companies it shall only be necessary to state in the Act of incorporation the names of the corporators, the name of the company, the place where said company proposes to do business and the amount of the capital stock. Each application for charter under the provisions of this Act shall be made to the Secretary of the State and be accompanied by a fee of fifty dollars, which shall be paid, on the filing of the application, to the Treasury, and the Secretary of State shall not issue any license or charter before the payment of said fee. Banks hereafter chartered to be subject to this Act. What to be stated in Act of incorporation. Application for charter. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said companies shall be divided into shares of one hundred dollars each, and when the minimum amount of capital stock (fixed by the Act of incorporation) has been subscribed, the majority of the persons named in the Act of incorporation are authorized to call a meeting for the purposes of organization, of which every subscribing stockholder shall have ten days' notice. At said meeting the said stockholders shall elect a Board of Directors, consisting

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of not less than five, and as many more as said meeting may determine. The said directors shall elect from their number a President (also a Vice-President if they deem necessary) and a Cashier and other necessary officers or agents. The said board thus elected shall hold their offices for a term to be fixed by the meeting, or until their successors are elected, and said first board shall have and exercise all the powers hereinafter given to the regular Board of Directors. Capital stock. Meeting for organization. First board of directors First officers. Terms of office, etc. SEC. III. Be it further enacted, That when ten per cent. of its capital stock has been actually paid in, and not before, the company shall be authorized to commence business, and shall have and exercise the following powers and privileges: To sue and be sued; have and use a common seal; to make by-laws for the proper conduct of its business, not inconsistent with the laws of this State or the United States, and generally to do all acts necessary for the execution of the powers herein granted to do a general banking business; to receive money on deposit on any terms agreed upon; to lend and borrow money, and take and give therefor such security, real or personal or mixed, as may be considered best: to receive on deposit for safe keeping valuables or other articles of personal property from any person or persons, executors, guardians, receivers, trustees, corporations, public or private officers and all other fiduciaries, charging therefor such sums of money as may be agreed on; to buy, sell and deal in foreign and domestic exchange, bills of lading, choses in action of any kind, coin and bullion, mortgages, bonds, stocks, securities and evidences of debt generally; to lend money on the same, and to negotiate the same for others; to buy or accept real estate in payment of debts in this or any other State or Territory of the United States, and when so acquired, to manage, improve, rent or lease the same; to act as the fiscal agent of any municipality, county, State or the Federal Government; to act as executor, trustee or guardian when selected by any person for that purpose; provided , that its capital stock shall amount to the sum of fifty thousand dollars before exercising this power; and provided further , that in such cases its President, Cashier and all its Directors shall be liable, as individuals, to all the penalties to which individuals exercising said trusts are liable under the general laws of the State; to purchase and own such real estate as may be necessary for the purposes of successfully conducting the business of banking; to transfer its property at pleasure; to accept the office of assignee or receiver when appointed by the court or selected by any person, natural or artificial; to do, in addition to their general banking business,

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a savings bank business, and to this end the directors authorized to make such by-laws for the proper conduct of this branch of their business peculiar to such institutions, and which shall be adopted by the stockholders before they exercise this power in their charter, and in the event any company shall undertake to exercise this power, and does so, any minor who may deposit his earnings or money therein shall be authorized to withdraw the same without consent of his parent or guardian. Commencement of business. General powers. Lending or borrowing money. Deposits. Dealings in exchange, etc., etc. May act as executor, trustee or guardian when. Real estate Transfers of property, etc. Savings business, etc. SEC. IV. Be it further enacted by the authority aforesaid, That the corporate powers of said companies shall be vested in a Board of Directors, consisting of not less than five, but which, by a vote of a majority of the stockholders, may be increased to any number not exceeding twelve, a majority of which board shall reside in the place or county where the principal office is located. Every share shall be entitled to one vote in any meeting of the stockholders, but said vote may be cast by proxy, which shall be in writing and only given to a stockholder. The Board of Directors shall elect from their number a President, a Vice-President (if the stockholders should at any time deem the same necessary), a Cashier. Said board shall have the power to appoint all officers or agents necessary to carry on the business; to prescribe their powers and duties; to discharge them when thought proper and necessary; to fix their salaries and compensation, and to require such bonds of said officers and agents, including Cashier, as they deem necessary. Said board shall also have power to make by-laws for the management of the business; to declare dividends out of the net earnings; to provide for the collation of a surplus fund; to provide how and in what manner certificates of stock shall be issued and how the same shall be transferred, and shall do all things for promotion of the business of the company not inconsistent with the laws of the State or the United States. Said Board of Directors shall be elected at the annual meeting of the stockholders and shall hold their office for one year, or until their successors are elected. The stockholders shall, at their first meeting for organization, fix the time for the regular annual meetings, but the same may be changed at any subsequent meeting of the stockholders. Board of directors. Votes by stockholders. Officers. By-laws, etc. Election of directors, etc. Regular annual meetings. SEC. V. Be it further enacted by the authority aforesaid, That the Board of Directors shall have power to prescribe how and in what sums, and at what times and places, any unpaid part of the capital stock shall be paid in, and in the event any stockholder shall fail or make default for sixty days to pay any call regularly made in his subscription to stock, the directors may direct suit to be brought against

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him forthwith for the amount of such call, or may, in their discretion, after thirty days' notice to such stockholder, cause his stock, after proper public advertisement for... days, to be put up and sold at auction to the highest bidder, and any deficiency in this sum, thus received, necessary to make the amount of the call, shall be made good by the delinquent. Any surplus over the amount of the call and the expenses of the sale, shall be paid to him. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to the company as the delinquent would have done, had he not so made default. The sale shall be at the court-house door in the county where said company is located. Payments of capital stock. Forfeiture of stock, etc. SEC. VI. Be it further enacted by the authority aforesaid, That said corporation shall be responsible to its creditors to the extent 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 or her 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 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 this Act, that, as to depositors, for all moneys deposited with said corporation, there shall be an individual liability upon such stockholders in such corporation, over and beyond the par value of his or her 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 corporation to creditors. Of stockholders. 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 21, 1891.

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REGULATING INTERSTATE BUILDING AND LOAN ASSOCIATIONS. No. 722. An Act to regulate the business of building and loan associations heretofore or hereafter incorporated under the laws of this State which do business outside of this State, and also of building and loan associations organized under the laws of any other State, Territory or foreign government which do business in this State; to require the deposit by said associations of seventy-five per cent. of all their securities with the State Treasurer, one of the State depositories or some trust company, in trust for all their members and creditors, and to prescribe how the same may be withdrawn; to provide for a public examiner of such associations, who shall examine into the affairs of same from time to time, and to require annual reports from same, and the payment of certain fees to the Secretary of State and State Treasurer; also, to impose same obligations and prohibitions upon such associations of other States doing business in this State as are imposed by said States upon associations of this State; to declare fines, interest and premiums paid on loans not usurious; to require all officers of said associations handling any of the funds thereof to give sufficient bonds for the faithful performance of their duties; to prescribe penalties for doing business in this State until the provisions of this Act are complied with, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That every building and loan association heretofore or hereafter incorporated under the laws of this State, which does business outside of this State, shall deposit and keep on deposit with the Treasurer of this State, or with a legally incorporated and duly organized trust company, to be selected by the Board of Directors of such association, in trust for all its members and creditors, seventy-five per cent. of the amount of all mortgages (or other securities) received by it in the usual course of its business. When such mortgages (or other securities) are deposited with the said trust company or State depository, such company or State depository shall certify to the Treasurer of this State that the said securities have been and are deposited with it under this Act, and the same shall not be surrendered to or returned to the said building and loan association without

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the authority or sanction of the said Treasurer of this State; provided , that every such corporation heretofore or hereafter organized, whose mortgages or other securities so deposited do not amount to twenty-five thousand dollars ($25,000), shall have fifteen months after organization, as to those not yet organized, and as to those already organized, fifteen months within three months from the passage of this Act, deposit with said State Treasurer or trust company such additional securities as with the securities so deposited shall equal in value the sum of twenty-five thousand dollars ($25,000); and every such corporation hereafter organized, within fifteen months after commencing to do business, shall deposit with the said State Treasurer or trust company, in trust as aforesaid, securities of the value of twenty-five thousand dollars ($25,000). The securities mentioned in this proviso shall consist of bonds or treasury notes of the United States, national or State bank notes, or bonds of this State or any other State of the United States, or of any solvent city, town or county of this State having legal authority to issue the same, or first mortgages on real estate, or other legal securities aggregating in value twenty-five thousand dollars ($25,000), and such securities may be withdrawn, from time to time, when mortgage securities of corresponding value shall be deposited in lieu and place thereof, as provided in this Act, or when other securities of equal character and value are substituted therefor; and it shall be the duty of the Treasurer of this State to examine the affairs of said associations, from time to time, to ascertain whether said associations have deposited seventy-five per cent. of all their securities and otherwise complied with the requirements of this Act; provided , that any association which has deposited all of its securities on hand at the time this Act takes effect shall be required to make quarterly deposits only of securities taken by it in the future, that is, at the end of periods of three months thereafter. Whenever any association incorporated under the laws of this State is required by the laws of any other State, Territory or nation to make a deposit of securities in such State, Territory or nation as a condition of doing business therein, such association may deposit a portion of its securities with the properly authorized officer of such other State, Territory or nation; provided, however , that the amount of securities kept on deposit in this State shall at all times equal seventy-five per cent. of the amount of the loans made and then outstanding in this State; and provided further , that the securities so deposited in this State shall not thereby be reduced below the sum of twenty-five thousand dollars ($25,000). Deposit of securities by associations incorporated in this State, doing business without this State. Not to be surrendered or returned without authority of State Treasurer. Proviso. Examinations by State Treasurer. Quarterly deposits by certain associations. Deposits in other States. Deposits in this State must equal 75 per cent. of outstanding loans. And not be reduced be low $25,000.

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SEC. II. Be it further enacted, That all interest and dividends and premiums which may accrue on securities held by said State Treasurer or by such trust company, as provided herein, and all dues or monthly payments which may become payable on stock pledged as security for loans, the mortgages for which are so deposited in accordance with the provisions of this Act, may be collected and retained by the association depositing such securities or mortgages. Any mortgage (or other security) which shall have been fully paid to said association, or which the borrower desires to pay off and discharge, and any mortgage (or other security) upon which default in the payment due has been made and of which said association shall desire possession for the purpose of collection or foreclosure, and all securities needed by it for deposit in any other State, Territory or nation according to the provisions of section 1 of this Act, shall be surrendered by said State Treasurer, or on his order, to the association depositing same, upon filing with him the affidavit of the president and secretary thereof, stating the reason or reasons for desiring to withdraw such security or securities, and such security or securities shall not be used for any purpose other than that stated in the affidavit; provided , that when said association is dissolved, according to the provisions of its charter, and ceases to do business, all securities deposited by it shall be returned to it upon furnishing said State Treasurer with satisfactory evidence of the fact of its dissolution as aforesaid. Bonds or stocks deposited with said State Treasurer, or trust company, as aforesaid, shall, if deemed advisable by the association, be surrendered to the association depositing same, for the purpose of being converted into cash and loaned on real estate. Interest, dues, etc., on deposits. Deposited securities fully paid off, etc., may be surrendered when. When association dissolved. Surrender of deposit for conversion into cash, etc. SEC. III. Be it further enacted, That no building and loan association organized under the laws of any other State, Territory or foreign government shall do business in this State unless said association shall deposit, and continually thereafter keep deposited, in trust for all of its members and creditors, with some responsible trust company, or with the State Treasurer of this or some other State of the United States, seventy-five per cent. of all its securities; all of the personal obligations of its members taken in the ordinary course of business of such association and secured on first mortgages on real estate; seventy-five per cent. of all dividends and interest which may accrue on securities held in trust, as aforesaid, by the trust company or the State, as provided for herein; and all dues or monthly payments, which may become payable on stock pledged as security for loans, the mortgages for which, all on deposit in accordance

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with the provisions of this Act, may be collected and retained by the association depositing such securities or mortgages. Any securities on deposit, as provided herein, of said building and loan association in this State, if the amount of said securities so deposited is less than all of its securities, may, from time to time, be drawn, if others of equal value are substituted therefor. Every building and loan association, organized under the laws of any State, Territory or foreign government, shall, before commencing to do business in this State, Deposits by associations organized in other States, etc. Requisites for transacting business of foreign associations, etc. First.File with the Secretary of this State, a duly authenticated copy of its charter or articles of incorporation. Second.File with the Secretary of this State the certificate of the proper State officer of another State or the president or secretary of some responsible trust company certifying that it has on deposit seventy-five per cent. of all the securities, not less than twenty-five thousand dollars of the kind and amount required by the laws of such other State, taken in the regular course of business, as mentioned in this Act, in trust for all the members and creditors of such building and loan association. Third.File with the Secretary of this State a duly authenticated copy of a resolution adopted by the Board of Directors of such association stipulating and agreeing, that if any legal process affecting such association, be served on said Secretary of State, and a copy thereof be mailed, postage prepaid by the party procuring the issuing of the same, or his attorney, to said association, addressed to its home office, then such service and mailing of such process shall have the same effect as personal service on said association in this State. Fourth.Pay the Secretary of this State fifty dollars ($50.00) as fees for filing the papers mentioned in this section. SEC. IV. When process against or affecting any foreign building and loan association is served on the Secretary of State, the same shall be by duplicate copies, one of which shall be filed in the office of said Secretary of State, and the other by him immediately mailed, postage prepaid to the home office of said association. The word process in this Act shall include any writ, summons, complaint, declaration or order, whereby an action, suit or proceeding shall be commenced, or which shall be issued in or upon any action, suit or proceeding at law, or in equity, authorized by law in this State. Thirty' days time shall be allowed to answer in any action, suit or proceeding. Process against foreign companies. Time allowed to answer.

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RECIPROCITY. When, by the laws of any other State, Territory or nation, any taxes, fines, penalties, license, fees, deposits of money or securities, or other obligations, or prohibitions are imposed on building and loan associations of this State, doing business in such other State, Territory or nation, or upon their agents therein, so long as such laws continue of force, the same obligations or prohibitions of whatever kind shall be imposed upon all building and loan associations of such other State, Territory or nation, doing business in this State, and upon their agents here. Reciprocity. SEC. V. Be it further enacted, That the name Building and Loan Association as used in this Act shall include all corporations, societies or organizations or associations doing a savings and loan or investment business, on the building society plan, viz., loaning its funds to its members, whether issuing certificates of stock which mature at a time fixed in advance or not. What Building and Loan Association includes. SEC. VI. Be it further enacted, That no officer, director, or agent of any foreign building and loan association shall, in this State, solicit subscriptions to the stock of such association, or sell or issue, or knowingly cause to be sold or issued, to a resident of this State, any stock of an association while said association has not on deposit, as required by section 3 of this Act, seventy-five per cent. of all its securities, or before said association has complied with all the provisions of this Act. Any violation thereof shall be deemed a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars, or more than five hundred dollars, or by imprisonment not less ten days or more than six months, or by both such fine and imprisonment in the discretion of the court. Solicitation of stock subscriptions, etc., in foreign companies. Penalty. SEC. VII. Be it further enacted, That no officer, director or agent of any building and loan association incorporated under the laws of this State shall sell, issue or knowingly cause to be sold or issued, to any person not a resident of the State in which the home office of said company is located any stock of said association while said association does not have on deposit, as required by section 1 of this Act, seventy-five per cent. of all of the securities of said association taken in the regular course of business; any violation hereof shall be deemed a misdemeanor, and upon conviction the offender shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment not less than ten days or more than six months, or by both such fine and imprisonment in the discretion of the court. Sale of stock of home company to non-residents. Penalty.

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SEC. VIII. Be it further enacted, That no fines, interest or premiums paid on loans in any building and loan association shall be deemed usurious, and the same may be collected as debts of like amount are now collected by law in this State and according to the terms and stipulations of the agreement between the association and the borrower. Fines, interest, etc., on loans not usurious. SEC. IX. Be it further enacted, That every building and loan association governed by this Act shall file with the Treasurer of this State annually, within sixty days after the expiration of its fiscal year, a statement of its assets and liabilities at the end of said fiscal year; such report shall be filed under oath by the President and Secretary, or by three of the Directors of the association. Such association shall pay to the State Treasurer ten dollars ($10.00) on filing such report. If any such association shall willfully fail to furnish to the State Treasurer any report required by this Act, at the time so required, it shall, in the discretion of a court of competent jurisdiction, forfeit the sum of twenty-five dollars ($25.00) per day for every day such report shall be delayed or withheld, and the State Treasurer may maintain an action in his name of office to recover such penalty, and the same shall be paid into the Treasury of the State and applied to the fund. Annual statements Failure to furnish. SEC. X. Be it further enacted, That every association depositing securities with the State Treasurer as provided for in this Act shall annually pay to said Treasurer a fee of fifty dollars ($50.00). Wherever in this Act it is provided for a deposit with the State Treasurer or trust company, such deposit may likewise be made with any one of the legally authorized State depositories. Annual fees. Deposits may be with State depositories. SEC. XI. Be it further enacted, That all officers of any building and loan association governed by this Act and doing business in this State, who handle or have the custody of any of the funds of such association, shall give sufficient bonds for the faithful performance of their duties as the Board of Directors may require, and no such officer shall be deemed qualified to enter upon the duties of his office until his bond is approved by the Board of Directors with whom such bonds shall be filed. The penalty for a failure of any association to file and maintain the bonds or policy as required by the provisions of this section, shall be a fine of the hundred dollars ($100) for each day such association transacts business after such bond has become due under the provisions of this Act. Said bond or policy shall be held a trust for the benefit and protection of the members of such association, and shall be enforceable by any member, whenever cause of action shall accrue thereon. Bonds of officers. Failure to comply with this Act as to bonds or policy.

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SEC. XII. Be it further enacted, That this Act shall take effect and be in force after a period of sixty days from its passage. When Act takes effect SEC. XIII. Be it further enacted, That all Acts and parts of Acts in conflict herewith are hereby repealed. Approved October 19, 1891. QUALIFICATIONS OF RAILROAD TELEGRAPH OPERATORS. No. 148. An Act to define the qualifications of telegraph operators employed by railroad companies in this State to receive and transmit dispatches governing the movements of trains. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of February, 1891, it shall be unlawful for any railroad company to employ in this State any telegraph operator to receive and transmit dispatches governing the movement of trains who is less than eighteen years of age, and who has not had at least one year's experience as a telegraph operator, and who has not stood a thorough examination before the Railroad Superintendent or Trainmaster, and received a certificate of his competency from such officers. A written record of said certificate shall be kept in the office of the officer issuing it, and be subject to inspection at any time; provided, however , that this law shall not apply to any operator above sixteen years of age employed in any telegraph office in this State at the time this Act goes into effect. Age and experience required. Examination and certificate of competency. Record of certificates. Not applicable to operators now employed over sixteen years old. Penalty for violating this Act. SEC. II. Be it further enacted, That any railroad company violating the requirements of section 1 of this Act shall forfeit for each and every offence a sum not less than fifty dollars and not more than five hundred dollars. All forfeitures collected under the provisions of this Act shall be paid into the State Treasury to the credit of the public school fund. SEC. III. Be it further enacted, That suits for the collection of forfeitures under the provisions of this Act shall be brought in the county where such violation shall occur, and shall be prosecuted by the Solicitor-General of the judicial circuit in which such county is situated. Suits for collection of penalties SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890.

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PROTECTION OF DISCHARGED EMPLOYEES OF CORPORATIONS. No. 290. An Act for the protection of discharged employees, and to prevent black-listing, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That if any railroad corporation or company or other corporation doing business in this State, or any agent or employer of any such company or corporation, after having discharged any employee from the service of any such company or corporation, shall prevent or attempt to prevent by word, writing, sign or other means, directly or indirectly, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent, employer, company or corporation shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, nor less than one hundred dollars, and such person, agent, employer, company or corporation shall be liable in penal damages to such discharged person, to be recovered by civil action, but this section shall not be construed as prohibiting any person, agent, employer, company or corporation from giving in writing any other person, company or corporation to whom such discharged person has applied for employment, a truthful statement of the reasons for such discharge, and shall furnish to such discharged employee on his application, to such address as may be given by such discharged employee, within ten days of such application made as aforesaid, a true copy of any such written statement. Preventing or at tempting to prevent re-employment forbidden. Penalty. Copy to be furnished discharged employee. Truthful statement of reasons for discharge. SEC. II. Be it further enacted, That if any railroad or railway company or corporation, or other corporation doing business in this State, shall authorize or permit, with its knowledge and consent, any of its or their officers, agents or employers to commit either or any of the acts prohibited in this Act (except as in this Act provided), such railroad or railway company or corporation, or other corporation, shall be liable in treble damages to such employee so prevented from obtaining employment, to be recovered by him in a civil action. Liability of corporation for permitting violation of this Act. SEC. III. Be it further enacted, That it shall be the duty of any person, officer, agent, employer, or company or corporation aforesaid, after having discharged any employee from the service of any such corporation or company, upon written demand by such employee, to furnish to him, within ten days

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from the application for the same, a full statement in writing of the cause or causes of his discharge, and if any such person, officer, agent, employer, or company or corporation as aforesaid shall refuse within ten days after demand as herein provided to furnish such statement to such discharged employee, it shall be ever after unlawful for any such person, company or corporation to furnish any statement of the cause of such discharge to any person or corporation or to in any way black-list, or to prevent such discharged person from procuring employment elsewhere, subject to the penalties prescribed in section 1 of this Act. And on the trial of any person for offending against the provisions of this Act, any other person who may have authorized or permitted, with knowledge and consent as aforesaid, any such offence, or who may have participated in the same, shall be a competent witness, and be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him in any prosecution against the said witness, except on an indictment for perjury, in any matter to which he may have testified, and on the trial of any such person for any violation of this Act the, prosecution shall have the authority and process of the court trying the case to compel the production in court, to be used in evidence in the case, the books and papers of any such person, company or corporation, and a failure to produce the same, after such reasonable notice as the court may in each case provide, shall be a contempt of court, and punishable as such as against the custodian or person, company or corporation having the control or in charge of such books and papers, who shall fail to produce the same; provided , that said written cause of discharge, when so made as aforesaid, at the request of such discharged employee, shall never be used as the cause for an action for slander or for libel, either civil or criminal, against the person or authority furnishing the same. Statement of cause of discharge to be furnished discharged employee. Refusal to furnish etc. Rules as to trials for violations of this Act. Written statement of cause of discharge not to be used as cause of action for libel, etc. SEC. IV. Be it further enacted, That it shall be the duty of any person, company or corporation, who has received any request or notice in writing, sign, word or otherwise, from any other person, company or corporation, preventing or attempting to prevent the employment of any person discharged from the service of either of the latter, on demand of such discharged employee, to furnish to such employee, within ten days after such demand, a true statement of the nature of such request or notice, and if in writing, a copy of the same, and if a sign, the interpretation thereof, with the name of the person, company or corporation furnishing the same, with the place of business of the person or authority

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furnishing the same, and a violation of this section shall subject the offender to all the penalties, civil and criminal, provided by the foregoing sections of this Act. Duty of person etc., receiving request, etc., preventing or attempting to prevent employment, etc. Penalty for violation. SEC. V. Be it further enacted, That the provisions of this Act shall apply to and prevent, under all the penalties aforesaid, railroad companies or corporations, under the same general management and control but having separate divisions, superintendents or master mechanics, master machinists or similar officers for separate or different lines, their officers, agents and employers from preventing or attempting to prevent, the employment of any such discharged person by any other separate division, or officer, or agent or employer of any such separate railroad line or lines. Applicable to railroads having separate divisions, etc. SEC. VI. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1891. REGULATING HOURS OF LABOR OF TRAINMEN. No. 337. An Act to regulate the hours of labor of trainmen on railroads in this State, to provide a penalty for violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be unlawful for any railroad doing business in this State to require its employees, who are engaged in the business of operating its trains over its roads, to make runs of over twelve hours, or make runs aggregating more than twelve hours in any twenty-four hours, except where such train is detained by reason of casualty or other cause from reaching its destination on schedule time; and no trainman, after having been on a run or runs for as much as twelve hours out of twenty-four hours, shall be required to again go on duty until after ten hours' rest, except in the case above stated. It shall also be unlawful for any employee of any railroad in this State, engaged in the business of operating its trains, to make runs aggregating more than twelve hours in any twenty-four hours, except where such train is detained by reason of casualty or other cause from reaching its destination on schedule time, nor to go on duty again after any twelve hours' run or runs, aggregating twelve hours, until after ten hours' rest. Unlawful to require employees operating trains to make runs of over twelve hours. Except where train detained. Ten hours rest. Unlawful for employee to make runs over twelve hours, etc.

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SEC. II. Be it further enacted, That no contract made by any railroad in this State with any employee engaged in operating its trains over its road, in which such employee shall agree to make runs of more than twelve hours, or to remain on duty more than twelve hours, except as prescribed in section 1, shall be valid, nor shall such contract be enforced as to such agreement in any court of this State. Contracts in violation of this Act void. SEC. III. Be it further enacted, That any railroad or employee violating any of the provisions of section 1 of this Act, shall be subject to a forfeiture of not less than fifty nor more than five hundred dollars. All forfeitures collected under the provisions of this Act shall be paid into the State Treasury, to the credit of the public school fund. Penalty for violating Act. SEC. IV. Be it further enacted, That suits for the collection of forfeitures under the provisions of this Act shall be brought in the county in which the principal office of the railroad employing the trainmen offending is situated, or if such company shall have no principal office in this State, then such suit may be brought in any county in which such company has a track and an agent. Suits to collect forfeiture. 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 31, 1891. AMENDING ACT AS TO REGULATING HOURS OF LABOR OF TRAINMEN. No. 725. An Act to amend an Act entitled an Act to regulate the hours of labor of trainmen on railroads in this State; to provide a penalty for violation of the same, and for other purposes, approved August 31, 1891, by striking from the first section the word twelve, wherever it occurs, and inserting in lieu thereof the word thirteen; by inserting between the word require and the word its, in the first section, the words or permit; by striking from said first section all the words after the words above stated, and substituting in lieu thereof the words hereinafter set forth; by striking from said Act section 2 in its entirety; by striking from the third section of said Act the words or employee, 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, an Act

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entitled an Act to regulate the hours of labor of trainmen on railroads in this State, to provide a penalty for violations of the same, and for other purposes, approved August 31st, 1891, be, and the same is, hereby amended by striking from the first section the word twelve, wherever it occurs, and substituting in lieu thereof the word thirteen, and by inserting between the words require and its, in the first section the words or permit; by striking from said section 1 all the words after the words above stated, and substituting in lieu thereof the following: no employee of any railroad company shall be deprived of his right to recover damages for personal injury by reason of the fact that the time of said injury was making a run of more than thirteen hours, or making a run aggregating more than thirteen hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours before ten hours rest, so that section 1, thus amended, shall read as follows: That from and after the passage of this Act it shall be unlawful for any railroad doing business in this State to require or permit its employees, who are engaged in the business of operating its trains over its roads, to make runs of over thirteen hours, or make runs aggregating more than thirteen hours in any twenty-four hours, except when such train is detained by reason of casualty, or other cause, from reaching its destination on schedule time, and no trainmen, after having been on a run or runs for as much as thirteen hours' out of twenty-four hours shall be required to again go on duty until after ten hours' rest, except in the case above stated. No employee of any railroad company shall be deprived of his right to recover damages for personal injury by reason of the fact that he, at the time of such injury, was making a run of more than thirteen hours, or making a run aggregating more than thirteen hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours before ten hours rest. Sec. 1 of Act of Aug. 31, 1891, amended. Section as amended. SEC. II. Be it further enacted by the authority aforesaid, That the aforesaid Act be, and the same is, hereby further amended by striking therefrom section 2 in its entirety. Section 2 stricken. SEC. III. Be it further enacted, That section 3 of said Act aforesaid be, and the same is, hereby amended by striking therefrom the words or employee, so that, thus amended, said section shall read as follows: That any railroad violating any of the provisions of section one of this Act shall be subject to a forfeiture of not less than fifty nor more than five hundred dollars; all forfeitures collected under the provisions of this Act shall be paid into the State Treasury to the credit of the school fund. Section 3 amended. Section as amended.

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SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891. REQUIRING CERTAIN CORPORATIONS TO FURNISH DISCHARGED EMPLOYEES CAUSES OF DISCHARGE. No. 779. An Act to require certain corporations to give to their discharged employees or agents the causes of their removal or discharge, when discharged or removed. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That hereafter, when any railroad company, telegraph company, express company, or electric street railroad company shall discharge or remove any agent or employee, it shall be the duty of such company, when requested, in writing, by such discharged agent or employee, to give a specific statement, in writing, setting forth the reason or reasons which have prompted, caused or induced such discharge or removal, and if such discharge or removal has been prompted, caused or induced, in whole or in part, by any complaint or communication made to such company, it shall be the duty of the company to inform the discharged agent or employee of the substance and nature of such communication or complaint, and when and by whom such complaint or communication was made. Railroad, express, telegraph and electric street railway companies must furnish statement of cause of discharge, etc. SEC. II. Be it further enacted, That the written request provided for in the preceding section of this Act, to be effective, must be signed by the discharged agent or employee, and be delivered, by an officer authorized to serve the process of citation of a court within this State, either to the President, Secretary or Treasurer of such company, or to the local agent representing such company in any county within this State, or by leaving the same at the principal office of such company during office hours. Requirements as to request for statement. SEC. III. Be it further enacted, That any company to whom has been delivered a written request, as provided for in the preceding section of this Act, shall have twenty days from the date of the delivery thereof within which to give the information requested. The statement required by such company to be given to a discharged agent or employee may be delivered to such agent or employee by an officer authorized

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to serve the process of citation, or by leaving the same, addressed to such discharged agent or employee, with the County Clerk of the county in which the written request was preferred. If such company shall fail or refuse to give the information as hereinbefore provided for, or shall give a false statement thereof, it shall be liable to such discharged agent or employee for damages in the sum of five thousand dollars. Time within which to comply. How statement may be delivered, etc. Penalty for failure to furnish. 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 21, 1891. CONFIRMING CHARTERS GRANTED BY SUPERIOR COURTS SINCE ACT OF NOVEMBER 13, 1889. No. 374. An Act to ratify and confirm all charters of corporations granted by the Superior Courts of this State since the passage of the Act approved November 13, 1889, with the following caption, to-wit: An Act to require the Clerks of the Superior Courts of each county in the 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 book 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, where the law as it existed previous to the passage of said Act has been substantially complied with. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all charters of corporations which have been granted by the Superior Courts of this State since the passage of the above recited Act, approved November 13, 1889, in the granting of which the law of this State in such case provided has been substantially complied with, as it existed previous to the passage of said above recited Act, be, and the same is, hereby ratified and confirmed, and declared to be valid and legal and to have all the force, effect, power and authority as if said charters had been granted in strict compliance and conformity with said above recited Act, approved November 13, 1889. All charters granted by Superior Courts since Nov. 13, 1889. Where law substantially complied with. Confirmed. SEC. II. Be it further enacted, That all laws and parts of

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laws in conflict with this Act be, and the same are, hereby repealed. Approved September 7, 1891. AS TO INCORPORATING VILLAGES, TOWNS, SCHOOLS, CHURCHES, ETC. No. 717. An Act to provide the mode of granting charters, and amendments to charters already granted, or that may hereafter be granted, incorporating towns, villages and municipalities of less than 2,000 inhabitants; and of schools, churches and other societies in 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, that the General Assembly shall have no power or authority, by local or special enactment, to grant any charter incorporating or amending any charter heretofore or hereafter granted incorporating any town, villages or municipalities of less than two thousand inhabitants; nor of any school, church or other society in this State. All such charters and amendments shall be granted by the Superior Court of the county in which the same is situated as now or may hereafter be provided for by law. General Assembly may not incorporate or amend charters of towns or villages of less than 2,000 inhabitants. No. of schools, churches or societies. But must be granted by Superior Courts. SEC. II. Be it further enacted, That any town, village or municipality desiring to have only a part of the powers and privileges enumerated in sections 774 to 797(c) of Revised Code of 1882 granted to said corporation, the same may be so restricted in its operation by specifying the same in the order granting the same. Where only part of powers, etc., mentioned in Code secs. 774 to 797(c) desired SEC. III. Be it further enacted, That any town, village or municipality of less than two thousand inhabitants, and schools, churches and other societies desiring to amend charters already granted them to suspend the operation of any part of the same, shall proceed as provided by law for the incorporation of the same, and upon the Superior Court passing an order allowing said amendment, the same shall have the force and effect of suspending the law asked to be suspended, and to put into force and effect the law declared to go into effect by said amendment so allowed. Amendments to charters, etc. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 19, 1891.

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TITLE XI . MISCELLANEOUS. ACTS. Apportionment of Representatives in the General Assembly. Dividing the State into Eleven Congressional Districts. Formation of Second Regiment of Georgia Volunteers. First Regiment Georgia Cavalry Changed to Fifth. Formation of Ninth Regiment of Georgia Volunteers. Formation of Fourth Regiment of Georgia Volunteers. Ninth Regiment Georgia Volunteers Changed to Third. Permanent Camp Site for Georgia Volunteers. Honorable Retirement of Officers Georgia Volunteers. Ceding Jurisdiction to United States over Land for National Park. Ceding Jurisdiction to United States over Certain Land in Savannah Ceding Jurisdiction to United States over Land for Public Buildings Pensioning Widows of Confederate Soldiers. Providing for Payment of Pensions Due Confederate Soldiers at Time of their Death. Exempting Pensions of Confederate Soldiers and of their Widows from Legal Process. Examination of Pension Rolls by Grand Juries. Amending Act of October 21, 1887, as to Regulation of Insurance Business. To Prevent Combinations or Pools of Insurance Companies, etc. When Judgment Liens on Realty of Non-Residents Take Effect as to Third Parties. When Attachment Liens on Realty Take Effect as to Third Parties. Filing, Hearing and Determination of Contested Elections. Protecting Primary Elections. Whipping Bosses for County and Municipal Chain-gangs. Authorizing Hiring Out of Misdemeanor Convicts, etc. Forbidding White and Colored Convicts Being Confined or Chained Together. Forbidding Seining or Netting for Mountain Trout. Amending Law for Protection of Oysters. For Protection of Game. Setting Apart a Day as Arbor Day Exempting Licensed Stationary Engineers from Jury Duty. Increasing Compensation Sheriff Supreme Court. Regulating Appointment of Peace Officers, Detectives, etc. Obligations to Pay Attorney's Fees in Addition to Interest Void, etc. Inspection and Analysis of Cotton Seed Meal, etc. Special Criminal Baliffs for Solicitors-General. Authorizing Judges Superior Courts to Fix Grades of Turn-Pike Roads. Punishing Fraudulent Entries and Practices in Speed Contests. Amending Act Prohibiting Cock Fighting. Providing Payment for Jurors who Appear though not Sworn. Amending Act Making Municipal Councilmen and Aldermen Ineligible to other Municipal Offices.

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Repealing Act Providing for Record Book of Superior Court Charters, etc. Regulating the Law of Year's Support. Requiring Hotel Keepers, etc., on Sea-coast to Maintain Life-Boats, etc. Renewal of or Repairing Pavements in Cities of over Twenty Thousand Population. Amending Act as to Sale, etc., by Guardians of Estates of Wards. Conferring Police Power on Conductors, etc., of Street Railroads. Allowing Appointment of Tax-Assessors by Towns and Cities. Setting Apart a Legal Holiday to be Known as Labor Day. Regulating Appointment, etc., Physician Lunatic Asylum. Providing Additional Security for Material Men and Laborers, etc. Further Restricting Issuing of Licenses by State Board of Pharmacy. Authorizing Building of Milita District Court-Houses, etc. Prescribing Time of Residence of Applicants for Divorce. Amending Act Regulating Sale of Flour and Meal. Protecting Insane Persons in their Postal Rights. Providing Assistants for State Chimist, etc. Disbursement of Money Received under Act Refunding Direct Tax. Amending Act to Lay Out, etc., New County from Counties of Union and Gilmer. Rendering Legal Certain Citations, Notices, etc. Prohibiting Dumping of Carcasses in Streams. APPORTIONMENT OF REPRESENTATIVES IN THE GENERAL ASSEMBLY. No. 341. An Act to change the apportionment of Representatives in the General Assembly, and to fix the same in accordance with the United States census of 1890, as provided in article 3. section 3, paragraph 1 of the Constitution of the State of Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the House of Representatives shall consist of one hundred and seventy-five members, apportioned as follows: To the six largest counties, to-wit, Fulton, Chatham, Richmond, Bibb, Burke and Floyd, three representatives each; to the twenty-six next largest counties, to-wit, Muscogee, Thomas, Washington, Coweta, Cobb, Carroll, Sumter, Houston, Meriwether, Troup, Bartow, Decatur, Gwinnett, Jackson, Monroe Wilkes, Dooly, Hall, Walton, Jefferson, DeKalb, Hancock, Greene, Oglethorpe, Pulaski and Harris, two representatives each; and to the remaining one hundred and five counties, one representative each. Number of representatives. Apportionment. SEC. II. Be it likewise enacted, That this Act shall not take effect until the terms of the members of the present House of Representatives expire. When this Act to take effect. SEC. III. Be it likewise enacted, That all laws in conflict with this Act are hereby repealed. Approved August 31, 1891.

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DIVIDING THE STATE INTO ELEVEN CONGRESSIONAL DISTRICTS. No. 496. An Act to divide the State of Georgia into eleven congressional districts, in conformity to an Act of the Congress of the United States, approved February 7, 1891. 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 from and after the passage of this Act the State of Georgia is divided into eleven congressional districts, each of which districts shall be entitled to elect one Representative in the Congress of the United States. State divided into eleven districts. SEC. II. Be it further enacted by authority aforesaid, That the said districts shall be known as Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. Numbers. SEC. III. Be it further enacted by authority aforesaid, That the districts shall be composed of the following counties respectively: First DistrictChatham, Burke, Screven, Emanuel, Bulloch, Effingham, Bryall, Tatnall, Liberty, McIntosll. First district. Second DistrictQuitman, Clay, Randolph, Terrell, Calhoun Dougherty, Worth, Early, Baker, Miller, Mitchell, Colquitt, Berrien, Decatur, Thomas. Second. Third DistrictStewart, Webster, Sumter, Lee, Dooly, Wilcox, Schley, Pulaski, Twiggs, Houston, Macon, Taylor, Crawford. Third. Fourth DistrictMuscogee, Marion, Talbot, Harris, Meriwether, Troup, Coweta, Heard, Carroll, Chattahoochee. Fourth. Fifth DistrictFulton, Douglas, Campbell, Clayton, DeKalb, Rockdale, Newton, Walton. Fifth. Sixth DistrictBibb, Baldwin, Jones, Monroe, Upson, Pike, Spalding, Fayette, Henry, Butts. Sixth. Seventh DistrictHaralson, Paulding, Cobb, Polk, Floyd, Bartow, Chattooga, Gordon, Walker, Dade, Catoosa, Whitheld, Murray. Seventh. Eighth DistrictJasper, Putnam, Morgan, Greene, Oconee, Clarke, Oglethorpe, Madison, Elbert, Hart, Franklin, Wilkes. Eighth. Ninth District[Illegible Text], Union, Towns, Rabun, Habersham, White, Lumpkin, Dawson, Gilmer, Pickens, Cherokee, Forsyth, Milton, Gwinnett, Jackson Hall, Banks. Ninth. Tenth DistrictRichmond, Columbia, Lincoln, Jefferson, Glascock, McDume, Warren, Taliaferro, Washington, Wilkinson, Hancock. Tenth. Eleventh DistrictGlynn, Johnson, Laurens, Montgomery, Dodge, Telfair, Irwin, Coffee, Appling, Wayne, Pierce, [Illegible Text] Clinch, Echols, Lowndes, Brooks, Charlton, Camden. Eleventh. SEC. IV. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are, hereby repealed. Approved September 26, 1891.

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FORMATION OF SECOND REGIMENT OF GEORGIA VOLUNTEERS. No. 35. An Act to authorize an increase in the number of companies of the second battalion, Georgia Volunteers, so as to form the Second Regiment of Georgia Volunteers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Adjutant-General be, and is, hereby required to assign other companies of Georgia volunteers to the second battalion, so that the total numbers thereof shall not exceed twelve (12), and that when the number shall reach seven, said battalion shall become the Second Regiment Georgia Volunteers, and become a body corporate under said name. Other companies to be assigned to second battalion. So as to form Second Regiment. SEC. II. Be it further enacted that the officers of said regiment shall be one colonel, one lieutenant-colonel, one major (unless the army regulations of the United States shall provide for more, in which event the number in said regiment shall conform thereto), an adjutant, a quartermaster, a commissary, a paymaster, a chaplain and a surgeon. The colonel, lieutenant-colonel and major shall be elected within thirty days after the formation of said regiment, in conformity with the military election laws of the State, upon an order issued by the Governor. The other officers herein mentioned shall be appointed by the colonel, and shall have the rank of first lieutenant. None of said officers shall be commissioned by the Governor until examined, as required by law, and until the colonel shall certify that said officer is properly uniformed. Officers of regiment. Election of principal officers. Other officers to be appointed. Examination, etc. SEC. III. Be it further enacted, That none of the rights and privileges conferred by law on either of the companies of said regiment are repealed or abridged by this Act, unless repugnant hereto. Existing company rights not repealed nor abridged. SEC. IV. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved December 11, 1890. FIRST REGIMENT GEORGIA CAVALRY CHANGED TO FIFTH. No. 167. An Act to amend an Act approved November 11, 1889, entitled 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, by striking out the word First, in the second line of the caption, in the seventh and ninth lines of the first section of the Act, and in the first line of the second section, and inserting in lieu thereof the word Fifth. SECTION I. Be it enacted by the General Assembly of Georgia, That section 1 of the Act to organize and incorporate a regiment

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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, approved November 11, 1889, be, and the same is, hereby amended, by striking out the word First, in the seventh and ninth liness of said section, and inserting in lieu thereof the word Fifth, so that said section, when amended, shall read as follows: First section of Act organizing, etc., First Regiment amended. 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 [Illegible Text] Light Dragoons and the Screven Troop be, and the same are, hereby organized and created into a regiment, which shall be called The Fifth Regiment of Georgia Cavalry; that said troops are hereby incorporated and made a body politic, under the said name of The Fifth 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 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. Section as amended. SEC. II. Be it further enacted, That section 2 of said Act be, and the same is, hereby amended, by striking out the word First, in the first line, and inserting in lieu thereof the word Fifth, so that said section, when amended, shall read as follows: Section second amended. That said Fifth 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. Section as amended. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. FORMATION OF NINTH REGIMENT GEORGIA VOLUNTEERS. No. 191. An Act to organize and incorporate a Regiment of Georgia Infantry, to empower the said regiment to acquire, hold and dispose of property real and personal; to issue bonds, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the following companies of infantry, to-wit: The

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Greene Rifles, of Greensboro, Georgia: the Piedmont Rifles, of Gainesville, Georgia; the Elbert Light Infantry, of Elberton, Georgia, the Conyers Volunteers, of Conyers, Georgia; the Clarke Rifles, of Athens, Georgia: and the Dalton Guards, of Dalton, Georgia, be, and the same are, hereby organized into a regiment, which shall be known as the Ninth Regiment of Georgia Volunteers. That said companies are hereby incorporated and made a body politic, under the name and style of the Ninth Regiment of Georgia Volunteers, with the right to acquire real and personal property by purchase, gift, devise or otherwise, for the purpose of organization, and to sell or dispose of the same; to employ 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 the United States; to exercise all such power and privileges as are incident to incorporations, and to do all such acts as are necestary for the legitimate execution of said purpose: provided always , that nothing herein contained shall in any manner defeat or impair the existing charters of said several companies. Companies to compose regiment. Name of regiment. Corporate rights. Existing company charters not affected. SEC. II. Be it further enacted, That said Ninth Regiment of Georgia Volunteers in its corporate name may issue coupon bonds of 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 it property, for the purpose of raising funds to promote the objects of its organization. Rights to issue bonds, etc. SEC. III. Be it further enacted, That said regiment shall consist of not more than ten companies: one colonel, one lieutenant-colonel, two majors, one adjutant, one inspector of rifle practice and one quartermaster, each with the rank of first lieutenant, a sergeant-major and a quartermaster-sergeant. To these may be added, in the discretion of the regimental commander, a paymaster, a commissary, a surgeon, each with the rank of first lieutenent: also a chaplain and a hospital steward. Number of companies, officers. SEC. IV. Be it further enacted, That other companies of infantry may be attached to said regiment, by the Governor, until the number of companies in said regiment shall be ten. Attaching other companies. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. FORMATION OF FOURTH REGIMENT GEORGIA VOLUNTEERS. No. 289. An Act to organize and incorporate the Fourth Regiment of Georgia Volunteers; to empower the said regiment to acquire, hold and dispose of property, real and personal; to issue bonds, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the following companies of infantry, to-wit: The Albany

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Guards, of Albany, Georgia; the Dawson Guards, of Dawson, Georgia; the Fort Gaines Guards, of Fort Gaines, Georgia; the Thomasville Guards, of Thomasville, Georgia; the Valdosta Videttes, of Valdosta, Georgia; the Quitman Grays, of Quitman, Georgia; the Waycross Rifles, of Waycross, Georgia; the Brunswick Riflemen, of Brunswick, Georgia; the Dublin Light Infantry, of Dublin, Georgia, and one other company of infantry to be designated and attached by the adjutant and inspector-general within thirty days from the passage of this Act, be, and the same are, hereby organized into a regiment, which shall be known as the Fourth Regiment of Georgia Volunteers: that said companies, together with such others as may hereafter be attached thereto, are hereby incorporated and made a body politic under the name and style of the Fourth Regiment of Georgia Volunteers, with the right to acquire real and personal property by purchase, gift, devise or otherwise, for the purpose of organization, and to sell or dispose of the same; to employ 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 powers and privileges as are incident to corporations, and to do all such acts as are necessary for the legitimate execution of said purpose; provided , that nothing herein contained shall, in any manner, defeat or impair the existing charters of said several companies. Companies composing regiment. Regimental name. Corporate powers. SEC. II. Be it further enacted, That said Fourth Regiment of Georgia Volunteers, 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 objects of its organization. Bonds, etc. SEC. III. Be it further enacted, That said regiment shall consist of not less than ten companies, but the adjutant and inspector-general may, at any time, when he may deem it expedient and best, designate and attach as many as two additional companies, thereby increasing the number of companies composing said regiment to twelve, which shall be the maximum limit. Number of companies. SEC. IV. Be it further enacted, That the officers of said regiment shall be one colonel, one lieutenant-colonel, not more than two majors, one adjutant, one quartermaster (the two last named with the rank of first lieutenant), 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 lieutenant; also a chaplain, a commissary-sergeant and a hospital steward. Officers. SEC. V. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 11, 1891.

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NINTH REGIMENT GEORGIA VOLUNTEERS CHANGED TO THIRD. No. 413. An Act to change the Ninth Regiment of Georgia Volunteers to the Third Regiment of Georgia Volunteers, 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 Regiment of Georgia Volunteers now known as the Ninth Regiment shall be the Third Regiment of Georgia Volunteers. Present Ninth Regiment to be known as Third. 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 11, 1891. PERMANENT CAMP SITE FOR GEORGIA VOLUNTEERS. No. 709. An Act to authorize the Military Advisory Board of this State to select a permanent camp site to be used for the annual encampment and training of the Georgia Volunteers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Military Advisory Board of this State are hereby authorized and empowered to select and prepare a permanent camp site to be used for the annual encampment of the Georgia Volunteers, in such part of this State and upon such terms and conditions as to said board may seem best; provided , that said board may have authority to order any command or commands of the State forces into camp in any other locality than at such permanent site, under such regulations as may be placed upon them by the board: provided further , no expenses shall be incurred by the State in establishing the encampment in addition to the appropriation heretofore made. Camp site to be selected. Terms Commands may be ordered into other camps. No additional appropriation for. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 17, 1891.

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HONORABLE RETIREMENT OF OFFICERS GEORGIA VOLUNTEERS. No. 780. An Act to provide for the honorable retirement from service of the Commissioned Officers of the Georgia Volunteers, 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 commissioned officers of the Georgia Volunteers who shall have been at the date of retirement in commission for a period of ten years, or who shall have served in the ranks and in commission for a period of fifteen years, may, upon their application and the approval of the Governor of the State, be honorably retired from service and their name inscribed upon a roll to be established and maintained in the office of the adjutant and inspector-general, and known as the Roll of Retired Officers; and said retired officers shall have all the rights, privileges, immunities and exemptions now or hereafter enjoyed by the Georgia Volunteers, and be entitled to wear, upon any occasion, the uniform of the highest rank that they may have held: provided , that the time of service of any officer in the Confederate service shall be counted, if necessary, to make the ten or fifteen year's service required; and the privilege of retirement shall be extended to commissioned officers who have heretofore resigned: and the service required need not be continuous. Officers in commission ten or in ranks and commission fifteen years. Upon application to and approval by Governor be honorably retired, etc. Privileges, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891. CEDING JURISDICTION TO UNITED STATES OVER LAND FOR A NATIONAL PARK. No. 1. An Act to cede jurisdiction to the United States of certain lands therein described for the Chickamauga and Chattanooga National Park. WHEREAS, By section 2 of the Act of Congress, entitled An Act to established a national military park at the battle-field of Chickamauga, approved August 19th, 1890, it is provided that upon the cession of jurisdiction by the Legislature of the State of Georgia over the lands and roads hereinafter mentioned, and the report of the Attorney-General of the United States, that a perfect title has been secured by the United States thereto, under the provisions of the Act of Congress of August 1, 1888, chapter 728, the

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lands and roads embraced in the area bounded as described therein together with the roads described in section 1 of said Act first above mentioned, shall be and are thereby declared to be a national park, to be known as the Chickamauga and Chattanooga National Park: that is to say, the area inclosed by a line, beginning on the LaFayette or State road, in Georgia, at a point where the bottom of ravine next north of the house known on the field of Chickamauga as the Cloud house, and being about six hundred yards north of said house, due east to the Chickamauga river, and due west to the intersection of the Dry Valley road at McFarland's Gap; thence along the west side of the Dry valley and Crawfish Springs roads to the south side of the road from Crawfish Springs to Lee and Gordon's mills; thence along the south side of the last named road to Lee and Gordon's mills; thence along the channel of the Chickamauga river to the line forming the northern boundary of the park, as hereinbefore described, containing seven thousand and six hundred acres more or less: therefore, Preamble. Be it enacted by the General Assembly of the State of Georgia, That the jurisdiction of this State is hereby coded to the United States of America over all such lands and roads as are described and referred to in the foregoing preamble to this Act, which lie within the territorial limits of this State, for the purposes of a national park, or so much thereof as the national Congress may deem best; provided , that this [Illegible Text] is upon the express condition that the State of Georgia shall so far retain a concurrent jurisdiction with the United States over said lands and roads as that all civil and criminal process issued under the authority of this State may be executed thereon in like manner as if this Act had not been passed; and upon the further express conditions, that the State shall retain its civil and criminal jurisdiction over persons and citizens in said coded territory as over other persons and citizens in the State, and the property of said citizens and residents thereon, except land and such other property as the general government may desire for its use, and that the property belonging to persons residing within said coded territory shall be liable to State and county taxes, the same as if they resided elsewhere, and that citizens of this State in said coded territory shall retain all rights of State suffrage and citizenship; provided further , that nothing herein contained shall interfere with the jurisdiction of the United States over any matter or subjects set out in the Act of Congress establishing said national park, approved August 19th, 1890, or with any laws, rules or regulations that Congress may hereafter adopt for the preservation or protection of its property and rights in said coded territory, and the proper maintenance of good order therein; provided further , that this cession shall not take effect until the United States shall have acquired title to said lands. Jurisdiction coded. State retaining jurisdiction as to execution of process, etc. Not to interfere with jurisdiction of United States over matters set out in Act of Congress of Aug. 19, 1890, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 19, 1890.

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CEDING JURISDICTION TO UNITED STATES OVER CERTAIN LAND IN SAVANNAH. No. 267. An Act to code to the United States of America exclusive jurisdiction over land in the city of Savannah to be conveyed by the Savannah Volunteer Guards, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and immediately after the passage of this Act, the Savannah Volunteer Guards are authorized and empowered to sell and convey to the United States of America the fee simple title to that lot, parcel or tract of land in Chatham county, Georgia, known as the Guards Armory lot, being the rectangular lot bounded by Bull, President, Whitaker and York streets, in the city of Savannah, and that from and immediately after the sale of said land as aforesaid, the United States of America shall have and exercise exclusive jurisdiction over the same during the time the United States shall be or remain the owners thereof, for all purposes except the administration of the criminal laws of the State of Georgia and the service of civil process therein. Land over which jurisdiction coded. Rights as to service of process, etc., retained. SEC. II. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1891. CEDING JURISDICTION TO UNITED STATES OVER LAND FOR PUBLIC BUILDINGS. No. 503. An Act to code to the government of the United States of America jurisdiction in certain lands upon which to erect public buildings for the transaction of its business, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the jurisdiction of the State is hereby coded to the United States of America in such lands not to exceed one acre in any one tract and privileges as may be purchased in this State, upon which to erect public buildings; provided , that this cession is upon the express condition that the State of Georgia shall so far retain a concurrent jurisdiction with the United States over said lands, as that all civil and criminal process issued under the authority of this State may be executed thereon in like manner, as if this Act had not been passed; and upon the further condition that the State shall retain its civil and criminal jurisdiction over persons and citizens in said coded territory, as over other persons and citizens in this State: provided further , that

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nothing herein contained shall interfere with the jurisdiction of the United States over any matter or subjects set out in the Acts of Congress donating money for the erection of public buildings for the transaction of its business in this State; or with any laws, rules or regulations that Congress may hereafter adopt for the preservation and protection of its property and rights in said coded territory, and the proper maintenance of good order therein; provided further , that this cession shall not take effect until the United States shall have acquired titles to said lands. Jurisdiction coded generally over land for public buildings. Rights as to process, etc., retained. Not to affect jurisdiction of United States over matters set out in certain Acts of Congress, etc. When cession takes effect. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 26, 1891. PENSIONING WIDOWS OF CONFEDERATE SOLDIERS. No. 89. An Act to allow pensions to certain Confederate widows, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia. To the widow of every Confederate soldier now residing in the State of Georgia, and so long as she may continue to so reside, there shall be paid annually, beginning on the 15th day of February, 1891, a pension of one hundred (100) dollars; provided , that this Act shall only apply to such widows as were married at the time of the service of such husband in the Confederate army, and have remained unmarried since the death of such soldier husband; provided further , that the said soldier husband shall have died in the service of the Confederate States, or since from wounds received therein, or disease contracted in the service. Who entitled, amount of pension, etc. SEC. II. Be it further enacted by the authority aforesaid, That each applicant for the benefits of this Act shall furnish the evidence of the enlistment and service of her husband in the Confederate army, or the State forces, during the war, and that his death, whether it resulted during or since the war, was directly the results of the service; but if any soldier husband so enlisted did not return after the close of the war, and nothing having been heard of him since, evidence of these facts shall be conclusive as to his death. The evidence shall be made by witnesses, not less than three, and in conformity with the rules and forms to be prescribed by the Governor. Each applicant must also furnish the certificate of the Ordinary of the county wherein she resides, showing her residence, and that she resided in Georgia at the date of the approval of this Act. Evidence to be furnished, etc. SEC. III. Be it further enacted, That the sum necessary to make the payments provided by this Act, is hereby appropriated out of any money in the treasury not otherwise appropriated. Necessary sum appropriated.

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SEC. IV. Be it further enacted, That the entire fees and charges of the Ordinary shall not exceed one dollar for any and all service rendered. Fees. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 23, 1890. PROVIDING FOR PAYMENT OF PENSIONS DUE CONFEDERATE SOLDIERS AT TIME OF THEIR DEATH. No. 606. An Act to authorize and empower the Governor to cause to be paid to the widow or dependent children of deceased Confederate soldiers the pensions due to said soldiers, respectively, at the time of their death. 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 Governor to cause to be paid to the widow or to the dependent children of any deceased Confederate soldier any pension which may be shown to be due to said soldier at the time of his death, or to which his right had accrued before his death, and which had not been drawn by him. Said payments to be made upon sworn proof submitted to the Governor, showing date of the death of the soldier, and the fact that the applicant is his widow, or that the children are dependent children of said deceased soldier. This law to be construed to apply to one pension due at the date of the death of the soldier. Pension due at time of death to be paid widow or dependent children. Proofs necessary. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 9, 1891. EXEMPTING PENSIONS OF CONFEDERATE SOLDIERS AND OF THEIR WIDOWS FROM LEGAL PROCESS. No. 658. An Act to exempt from garnishment and other legal process the pensions of Confederate soldiers and widows of Confederate soldiers. 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 pensions of Confederate

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soldiers, and widows of Confederate soldiers, shall be exempt from garnishment and all other legal process, no matter in whose hands the pension or pensions may be: and no court or ministerial officer in this State shall ever have jurisdiction or authority to issue or enforce any garnishment or other process against the same. Pensions exempted from legal process. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 14, 1891. EXAMINATION OF PENSION ROLLS BY GRAND JURIES. No. 723. An Act to provide for an examination of the pension rolls by the grand juries of the 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, it shall be the duty of the Governor, acting through the clerk in charge of the pensions, to transmit to the Clerk of the Superior Court of each county in this State, on or before January 1st of each year, a complete list of all the soldiers and widows of soldiers residing in said county, as their names appear upon the pension rolls of the State, and it shall be the duty of said Clerk of the Superior Court to deliver said list of pensioners to the first grand jury that shall meet after the same has been received by said Clerk. List to be transmitted to Clerks Superior Courts. And delivered to grand jury. SEC. II. Be it likewise enacted, That it shall be the duty of the grand jury to inspect and examine said list of pensioners, and to report the same in their general presentment, stating whether in their opinion all the persons whose names appear upon said lists are entitled to receive pensions, and giving the names of such persons whose claims to pensions are, in the opinion of said grand jury, of a doubtful character. In making said examination the grand jury shall have power to subp[oelig]na witnesses and examine them touching the validity of said claims for pensions, and the Clerk of the court shall promptly transmit to the Governor an exact copy of that portion of the presentments of the grand jury which refers to pensions, and the Governor shall cause additional proofs or evidence to be given in all claims which are reported as doubtful or illegal by said grand jury, and unless the claim is supported by satifactory proof, the same shall be disallowed and the name stricken from the pension roll and the judges of the Superior Courts are hereby required to give this law specially in charge to the grand juries before whom said pension lists are placed for examination. Examination of lists and report. Proofs, etc. Judges to give this law in charge. SEC. III. Be it likewise enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 19, 1891.

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AMENDING ACT OF OCTOBER 24, 1887, AS TO REGULATION OF INSURANCE BUSINESS. No. 90. An Act to amend the third paragraph of section 9 of an Act entitled an Act to regulate the business of insurance in this State, approved October 24, 1887, 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 third paragraph of section 9 of an Act entitled an Act to regulate the business of insurance in this State, approved October 24, 1887, be, and the same is, hereby amended by inserting in the third line of said paragraph, after the word adjusters, the words or inspectors, and to add at the close of said paragraph the following words: provided further , that it shall not be lawful for the said inspectors to solicit business for their companies, so that, thus amended, said paragraph shall read as follows: Par. 3 of sec. 9 amended Any person who shall do any of the acts mentioned in this section shall also be personally liable to the holder of any policy of insurance, in respect of which such act was done, for any loss covered by the same: provided , that the penalties provided for in this section shall not apply to adjusters or inspectors of authorized insurance companies from whom the citizens of this State have purchased insurance for themselves, as provided for in this section, whenever the person or persons purchasing said insurance shall immediately notify the Insurance Commissioner, giving the name and locality of said company in which they have policies, and at the same time pay to said Insurance Commissioner the same licenses, fees and taxes for each company as are now or may hereafter be required of fire insurance companies authorized to do business by the laws of this State: and when the license fees for any company have been paid in any one year by any person or persons who have purchased insurance from said company, then, in that case, any person or persons purchasing insurance from said company thereafter shall not be liable for the license fees of said company during the said year, but only for such taxes on premiums as may be required from time to time of insurance companies authorized to do business in this State; provided further , that it shall not be lawful for said inspectors to solicit business for their companies. Paragraph as amended. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 23, 1890.

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TO PREVENT COMBINATIONS OR POOLS OF INSURANCE COMPANIES, ETC. No. 745. An Act to prevent combinations or pools of insurance companies or their agents, tending to defeat or lessen competition in the business of insurance 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 authority of the same, That from and after the passage of this Act, it shall be unlawful for any insurance company or companies, authorized to do business in this State, or the agent or agents thereof, to make, maintain, or enter into any contract, agreement, pool or other arrangement, with any other insurance company or companies liecensed to do business in this State, or the agent or agents thereof, for the purpose of, or that may have the tendency or effect of, preventing or lessening competition in the business of insurance transacted in this State. And when it shall be made to appear to the Commissioner of Insurance, that any company or companies, agent or agents, have entered into any such contract, agreement, pool or other arrangement, thereupon said Commission shall revoke the license issued to such company or companies, and the same shall not be reissued until the President or chief officer of such company or companies shall file an affidavit with said Commissioner stating that such contracts, agreements, pools or other arrangements, have been annulled and made void; provided , that nothing in this Act shall be so construed as to prevent any insurance company, legally authorized to transact business in this State, from [Illegible Text] surveying, inspecting or examining the premises to be insured by and with the consent of the owner, for the purpose of bringing about improvements in fire protection, so as to lessen the cost of insurance by reducing rates. Unlawful for companies or agents to make or maintain contracts, etc., affecting competition. Revocation of license. Surveys, inspections, etc. SEC. II. Be it further enacted by the authority aforesaid, That any citizen of this State (whose rates of insurance have been increased, or who has been refused insurance at reasonable rates), shall have the right to file a written complaint under oath, to the best of his knowledge and belief with the Insurance Commissioner, charging any company or companies authorized to do business in this State with a violation of the preceding sections of this Act, and that thereupon it shall be the duty of said Insurance Commissioner to issue a citation, addressed to the company or companies against whom said complaint is made requiring it or them to be and appear before said Insurance Commissioner at a specified time and place to be fixed by said Insurance Commissioner, not less than twenty nor more than forty days from the date of the filing of such complaint, and show cause why its or their license or licenses should not be revoked as provided by the first sections thereof; and it is further provided , that said citation shall be served not less than ten days from

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the date of filing said complaint by the Sheriffs or Constables of said State in the same manner as provided by law for the service of process upon insurance companies. Complaints by citizens. Citation to company complained against. SEC. III. Be it further enacted by the authority aforesaid, That for the purposes of the provision of this Act, the Insurance Commissioner shall have power to administer oaths, issue subp[oelig]nas for witnesses, hear testimony, issue commissions for taking testimony by interrogatories, and the party or parties complaining, and the company or companies defending, shall have the right to serve notice for the production of books and papers; and all to be done under the same rules as now provided by law for civil actions in the Superior Courts. Practice as to testimony, etc. The county in which Insurance Commissioners shall fix the hearing shall be, as to this Act, the loci forum of said hearing or trial. The costs and fees for the Sheriff or Constable, witnesses, and the Commissioners taking interrogatories shall be the same as now provided by law for similar service in the Superior Courts of this State, the same to be taxed against and paid by the party or parties cast in said suit, and against whom said Insurance Commissioner shall find; for which costs said Insurance Commissioner is hereby authorized to issue execution, the same to be levied and collected as executions from the courts of this State. Forum. Fees. 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 21, [Illegible Text]. WHEN JUDGMENT LIENS ON REALTY OF NON-RESIDENTS TAKE EFFECT AS TO THIRD PARTIES. No. 72. An Act to provide when judgment liens on realty of non-residents shall take effect as against third parties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That, as against the interests of third parties acting in good faith and without notice, who may have acquired a transfer or lien binding any real estate, situated in this State, of a non-resident thereof, no money judgment obtained 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 against said non-resident, shall have a lien upon real estate of said non-resident from the rendition thereof, unless the execution issuing thereon shall be entered upon the general execution docket of the county in which such real estate is situated 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. Judgment lien not good from rendition unless execution recorded. On execution docket of county where land lies within ten days. Lien from date of subsequent entry.

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SEC. II. Be it further enacted, That nothing in this Act shall be construed to affect the validity or force of any judgment against a non-resident defendant as between the parties thereto. Not to affect liens as between parties. SEC. III. 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. Clerks fees SEC. IV. That this Act shall not go into operation until thirty days after the same is approved by the Governor, and it shall not apply to judgments obtained before the expiration of said thirty days. When Act goes into effect, etc. SEC. V. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890. WHEN ATTACHMENT LIENS ON REALTY TAKE EFFECT AS TO THIRD PARTIES. No. 73. An Act to provide when attachment liens on realty shall take effect as against third parties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Clerk of the Superior Court of each county shall keep an attachment docket, either in connection with the general execution docket or in a separate book provided for that purpose, showing the names of plaintiff and defendant in attachment, the court to which it is returnable, the amount claimed, the day and hour of levy and a brief general description of the land levied upon. Attachment docket. Showing what. SEC. II. Be it further enacted, That as against the interests of third parties, acting in good faith and without notice, who may have acquired a transfer or lien binding any real estate, no attachment levied upon said real estate shall be a lien on the same from the levy thereof, unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from such entry, and it shall be the duty of the Sheriff to have said entry made within the five days. Attachment not lien on realty unless entered on docket etc. SEC. III. Be it further enacted, That nothing in this Act shall be construed to affect the validity or force of any attachment as between the parties thereto. Not to affect parties SEC. IV. Be it further enacted, That for entering such attachment, as aforesaid, upon the docket the Clerk shall be entitled to a fee of ten cents, to be taxed in the bill of costs. Fee. SEC. V. Be it further enacted, That this Act shall not go into operation until thirty days after the same is approved by the Governor,

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and it shall not apply to attachments levied before the expiration of said thirty days. When Act goes into effect etc. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890. FILING, HEARING AND DETERMINING CONTESTED ELECTIONS. No. 678. An Act to provide for the filing, hearing and determining contested elections in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, all contests growing out of the election for any Ordinary, Clerk of the Superior Court, Sheriff, Receiver of Tax Returns, Tax-Collector, County Treasurer, Surveyor, Coroner or County Commissioner of Roads and Revenues of any county in this State, shall be filed, heard and determined by the Judge of the Superior Court of the circuit wherein the contest may arise, and may be heard at chambers or in term time. Contests over elections of county officers filed with, heard and determined by Judge Superior Court. At Chambers or in term. SEC. II. Be it further enacted, That whenever any contest arises over an election of any Justice of the Peace and Constables within this State, the same shall be filed with, heard and determined by, the Ordinary of the county where such contests may arise. Contested elections of Justices Peace and Constables, by Ordinary. SEC. III. Be it further enacted, That when any party desires to contest the election of any one returned as elected, either for any of the county offices named, or of any Justice of the Peace, the person so contesting shall give notice as now provided by law, and he shall also mail a written request to the Governor to withhold the commission from the person returned as elected, until the proposed contest shall be determined. The testimony shall be taken as now provided by law, unless otherwise directed by the Judge of the Superior Court or Ordinary, as the case may be, or by the consent of all parties at interest Notice, etc. to be given by contestant. Testimony. SEC. IV. Be it further enacted, That the Ordinary shall be entitled to a fee of ten dollars for each contest heard, including all services, to be taxed against the losing party to the contest. Fees. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 16, 1891.

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PROTECTING PRIMARY ELECTIONS. No. 778. An Act to protect primary elections and conventions of political parties in this State, and to punish frauds committed thereat. 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 that every political, primary election held by any political party, organization or association for the purpose of choosing or selecting candidates for office or the election of delegates to conventions in this State shall be presided over and conducted, in the manner and form prescribed by the rules of the political party, organization or association holding such primary elections, by managers selected in the manner prescribed by such rules. Such managers shall before entering upon the discharge of their duties each take and subscribe to an oath that he will fairly, impartially and honestly conduct the same according to the provisions of this Act, and in accordance with the laws of said State governing regular elections for the offices of said State. Should one or more of the managers thus appointed to hold such elections fail to appear on the day of election, the remaining manager or managers shall appoint others in their stead and administer to them the oath herein prescribed. The managers shall take the oath before the Notary Public or other officer authorized to administer oaths, but if no such officer can be conveniently had the managers may administer the oath to each other. Such oaths shall, after being made and subscribed to, be filed in the office of the Clerk of the Superior Court of the county in which such primary election shall be held within five days after an election. How primary elections to be conducted. Oath of managers, etc. SEC. II. Be it further enacted, That before any ballots are received at such primary elections, and immediately before opening the polls such managers shall open each ballot box to be used in such election, and shall exhibit the same publicly to show that there are no ballots in such box. They shall then close and lock or seal up such box except the opening to receive the ballots, and shall not again open the same until the close of the election. They shall keep a list of voters voting at such election, and shall before receiving any ballot administer to the voter an oath, provided such voter's vote is challenged, that he is duly qualified to vote according to the rules of the party, and according to the election laws of said State, and that he has not voted before in such primary election then being held. At the close of the election the managers shall proceed publicly to count the votes and declare the result. They shall certify the result of such election, and transmit such certificate with the tally sheet or poll list, together with the ballots cast, and all other papers relating to such primary election within

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the time prescribed, and to the person or persons designated by the rules of the party, organization or association holding such election. Exhibition of ballot box before opening polls. Box then to be closed etc. List of voters. Challenges. Counting votes and declaration of result. Transmission of certificate, lists, tally sheet, etc. Time, place etc., of election. SEC. III. Be it further enacted, That every such primary election shall be held at the time and place, and under the regulations prescribed by the rules of the party, organization or association holding the same, and the return shall be made and the result declared as prescribed in the foregoing section. And the returns of the managers with the tally sheets or poll list, together with all other papers connected with such election, shall all be filed in the office of the Clerk of the Superior Court for the county in which such election is held within four days after the final declaration of the result thereof, and shall remain there for public inspection. Tally sheets etc., to be deposited in office. Clerk Superior Court. SEC. IV. Be it further enacted, That any manager who shall be guilty of willfully violating any of the duties and obligations devolving upon him as such manager shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars, or imprisonment not to exceed six months, and any manager who shall be guilty of any fraud or corruption in the management of such election shall be guilty of a misdemeanor, and upon conviction shall be fined in the sum not to exceed two hundred and fifty dollars, or imprisonment for a term not to exceed twelve months, or both in the discretion of the court. Violation of Act by manager. SEC. V. Be it further enacted, That any voter who shall, if challenged, swear falsely in taking the prescribed oath, or shall personate another person and take the oath in his name in order to vote, such voter shall be guilty of perjury, and shall be punished upon conviction as for perjury. False oath, etc., by voter. SEC. VI. Be it further enacted, That if any person voting at such primary election shall vote more than once or at more than one polling place, shall be guilty of a misdemeanor, and on conviction thereof be fined not less than fifty nor more than two hundred dollars. Illegal voting. SEC. VII. Be it further enacted, That all laws and part of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891. WHIPPING BOSSES FOR COUNTY AND MUNICIPAL CHAIN-GANGS. No. 398. An Act to regulate the work and control of convicts by the county and municipal authorities of this State, to provide for the appointment in certain cases of a whipping boss, 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

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the governing authorities of any county or municipal corporation in this State, employing or having labor performed by convicts, in any such county or municipal corporation, respectively, to select or appoint a whipping boss for such convicts, and fix his compensation and prescribe his duties: provided however that proper and necessary discipline may be administered by the superintendent or other officer or person having control, under authority, of any convict or convicts without the employment of a whipping boss. Selection or appointment of whipping bosses Proviso. SEC. II. Be it further enacted, That no whipping shall be administered to a convict by any whipping boss or other officer or person except in cases where the same is reasonably necessary to enforce discipline or compel work or labor by such convict No whipping save when reasonably necessary SEC. III. Be it further enacted, That said governing authorities of counties and municipal corporations, respectively, employing or having labor performed by convicts, shall prepare and have published full and complete, reasonable and humane, rules and regulations for the government of the convicts under their control, which rules may be amended as occasion may require, but shall specifically prescribe the powers and duties, in all respects, of the Superintendent, Commissioner, Guard. Whipping Boss, or other person connected with the management of convicts, as to the care, keeping, control, work and discipline of convicts. Rules to be prepared and published for government of convicts. SEC. IV. Be it further enacted, That no Superintendent, Commissioner, Guard, Whipping Boss, or other person or employee of convicts, shall be personally liable for any injury or damage to any convict resulting from the employment, care, keeping, control, work and discipline of convicts who are under the direction of said governing authorities, respectively, in accordance with reasonable and humane rules and regulations adopted as aforesaid. Superintendent, etc., not personally liable for damage to convict. SEC. V. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved September 11, 1891. AUTHORIZING HIRING OUT OF MISDEMEANOR CONVICTS, ETC. No. 679. An act to authorize county authorities to hire out misdemeanor convicts, and to provide for the distribution of the money arising therefrom, 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 county authorities, in which convictions for misdemeanors may be had, and said convicts are delivered to any other county or municipal corporation, as now provided by law, said county authorities are hereby authorized to receive compensation for the labor of said convicts, and the money so received shall be first applied to the payment of the fees

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of the officers of court, including Justices of the Peace and Constables who rendered services in such cases: and to the payment of witnesses' fees, and the balance paid into the county treasury for county purposes. Compensation for labor of convicts. Disposition of money received. 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, 1891. FORBIDDING WHITE AND COLORED CONVICTS BEING CONFINED OR CHAINED TOGETHER. No. 612. An Act to make it unlawful for white and colored convicts to be confined together or work chained together, and to provide a penalty for the violation thereof. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or firm leasing or controlling any convicts in this State to confine white and colored convicts together, or to work them chained together, nor shall they be chained together going to or from their work, or at any other time. White and; colored convicts not to be confined or chained together. SEC. II. Be it further enacted by the authority aforesaid, That any person, and each member of any firm of persons violating the provisions of this Act, shall be guilty of a misdemeanor, and on conviction shall be punished as provided in section [Illegible Text] 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 October 10, 1891. FORBIDDING SEINING OR NETTING FOR MOUNTAIN TROUT. No. 76. An Act to prevent seining and netting for Mountain Trout in any of the streams of this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to seine or net for fish in any of the streams of this State in which Mountain Trout exist, or are placed. Seining or netting for mountain trout forbidden.

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SEC. II. Be it further enacted that any person indicted and found guilty of violating the first section 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 militating against this law are hereby repealed. Approved December 20, 1890. AMENDING LAW FOR PROTECTION OF OYSTERS. No. 322. An Act to amend an Act to repeal section 4618 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 the 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(e) 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. Mary's 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 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, propagating and cultivation, the revenue to be paid therefor, the penalties for violation of this Act, and for other purposes therein mentioned, approved September 19, 1889, by restricting the use of natural beds, by showing the method of staking, by removing restrictions upon subleasing, by lessening the limit within which deep water leases may be granted, by regulating the buoys, by providing what shall be evidence of natural oyster beds, and of vacant lands, and by requiring lights upon boats engaged in night work, ratifying leases heretofore granted, and prescribing punishment for a violation of the Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for any person or persons, corporation or corporations, or agents thereof, who are engaged in any other State in the business

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of shipping or canning oysters, to procure oyster beds of this State. Any person violating this section shall be punished as prescribed in section 4310 of the Code. Those in oyster business elsewhere forbidden to procure oyster beds of this State. Penalty. SEC. II. Be it further enacted by the authority aforesaid, That section 7 of the above recited Act, which provides for the leasing of five acre lots for oyster purposes, and for staking off the same at the line of ordinary mean low tide, be, and the same is, hereby amended by striking out, from the ninth line thereof, the words low tide, and inserting in lieu thereof the following: high water in all cases where the leased ground is opposite the public marshes of this State, and in all other cases at the line of low water, except where the consent of the adjacent land-owners is obtained to the staking off at said line of high tide, and by striking out from said section 7 the words where there are no public beds which have, prior to the application, been resorted to by the public for the purpose of procuring oysters by the use of tongs, for consumption or sale, and by inserting in lieu thereof the following: as evidenced by the survey referred to in section 5 of this Act, so that said section, as amended, shall read as follows: 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 (1000) feet from the shore, at ordinary mean low tide, upon satisfactory proof, on hearing had before the County Commissioners or the Ordinary, that said territory had been duly staked off at the line of ordinary mean high water, in all cases where the leased ground is opposite the public marshes of this State, and in all other cases at the line of low water, except where the consent of the adjacent land-owners is obtained, for the staking off at said line of high tide, for a period of thirty (30) days' before the hearing of such application, shall execute a lease for twenty (20) 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 beds as evidenced by the survey referred to in section 5 of this Act; provided however , that any person who has already planted any ground within said county shall have the preference in obtaining the lease of such grounds, and upon application of any other person for said territory, the proper authorities for executing such leases shall give thirty (30) 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 (30), 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 one hundred and twenty (120) feet of the line of ordinary mean low tide in front of and adjoining habitable high land returned for taxation. Sec. 7 of Act of Sept. 19, 1889, amended. As to leasing and staking off lots, etc. Section as amended. SEC. III. Be it further enacted by the authority aforesaid, That section 8 of the above recited Act, which provides, among other

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things, for the staking of five acre leases of oyster ground, be, and and the same is, hereby amended by striking out from the thirteenth line thereof the words low tide of such planting ground, and inserting in lieu thereof the following: high water of such planting grounds in all cases where the leased ground is opposite the public marshes of this State, and in all other cases at the line of low water, except where the consent of the adjacent land-owners is obtained to the staking off at said line of high water, and by striking out the words eleven (11) feet in height, and inserting in lieu thereof, the words six (6) feet above ground, and by striking out the words, provided further , that said lessee shall have no authority to sublet or assign his lease until after the expiration of five years, from the date of his entry thereunder, so that said section, as amended, shall read as follows: That said lease shall convey the exclusive privileges of bedding or plainting oysters thereon to the distance of one thousand (1000) feet beyond mean low water mark, and within such limits each applicant shall be entitled to not more than five (5) acres of such territory, which need not be continuous, 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 (100) bushels of dead shells, or plants one hundred (100) bushels of oysters to every acre of planting ground, at the rate of one acre or more each year, until five (5) acres have been planted; and provided, also , that he cause to be placed, at interwals of one hundred (100) yards along the line of ordinary mean high water of such planting ground, in all cases where the leased ground is opposite to the public marshes of this State, and in all other cases at the line of low water, except where the consent of the adjacent land-owners is obtained to the staking off at said line of high water, a post not less than six (6) feet above ground, and board attached, the latter not less than one foot square, upon which a black letter O, not less than eight (8) 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 a five (5) acre tract under this Act herein provided for, shall extend beyond the middle of the stream: provided further , that in the event that said lessee shall fail to comply with the requirement of this section as to the cultivation of his territory, he shall forfeit so much of his territory as has not been cultivated as hereinbefore required, and if said lessee shall, at any time during the term of his lease, abandon said territory and cease to cultivate oysters there for the space of one year, said lease shall be void and territory shall revert to the State. Sec. 8 amended. As to planting grounds, etc. Section as amended. SEC. IV. Be it further enacted by the authority aforesaid, That section 9 of the above recited Act, which provides, among other things, for the leasing of five hundred (500) acre tracts, be, and the same is, hereby amended by striking out the words unless satisfactory proof is made to them, on a hearing duly had, that said territory, prior to the filing of said application, has been resorted to by the public for the purpose of procuring oysters by the use of tongs for consumption or sale, so that said section, as amended, shall read as follows: That, upon the application of any person or

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persons, made to the County Commissioners of the county within which said territory may be situated, or, where there are no County Commissioners, then the Ordinary for said county, for territory within the navigable waters of this State for which an application has already been made, and which is located more than one thousand (1,000) 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 said territory is located, for thirty (30) 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, said County Commissioners, or said Ordinary, shall grant, in the name of and in behalf of the State, to such person or persons, by written instrument, a lease of said territory for fifty (50) 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, distinctly 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 person shall be entitled to receive from said authority a lease for more than five hundred (500) acres within said waters; and provided further , that the planting, cultivating and dredging of oysters therein shall in no wise interfere with navigation. Section nine amended. As to proof upon application for leases, etc. Section as amended. SEC. V. Be it further enacted by authority aforesaid, That a new section be added to said Act, between sections 9 and 10 thereof, which shall be as follows: Whenever it is impracticable to obtain, as provided for in section 9, as much as five hundred (500) acres of continuous territory beyond the limits of one thousand (1,000) feet from mean low water, or whenever, in the judgment of the County Commissioners or the Ordinary, it is for the best interest of the State so to do, said County Commissioners or Ordinary, upon due application therefor, may grant leases, under section 9 of said Act, to extend within said limits of one thousand (1,000) feet to the line of low water where the land adjacent thereto consists of marshes, and to a point one hundred and twenty (120) feet from said line of low water, where the land adjacent thereto is habitable highland returned for taxation. If impracticable to maintain the buoys in position in consequence of the strength of the current or for other cause, ranges and range stakes, if shown on the survey recorded in the office of the Clerk of the Superior Court, shall be deemed sufficient. New section added. When impracticable to obtain 500 acres continuous territory beyond 1,000 feet from mean low water. Or when to best interest of State. Leases may be granted within 1,000 feet limit, etc. As to buoys SEC. VI. Be it further enacted by the authority aforesaid, That the natural oyster beds of this State shall forever remain the property of this State, open to all her citizens for the procuring of oysters for consumption, sale seed or propagating purposes; and for the better securing of this purpose the charts made and published,

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in consequence of a resolution passed by the Legislature of this State, by United States geodetic survey, known as Bulletin No. 19, be, and they are, hereby declared to be conclusive evidence of the location of such natural oyster beds and of vacant ground; provided , that wherever beds, shown by said Bulletin No. 19 to be natural oyster beds, shall, as a matter of fact, not extend below low water mark, then the territory below low water mark shall, nevertheless, be open to lease under the terms of this Act, except as herein stated, it shall not be lawful for the County Commissioners or Ordinary to grant leases to any ground shown on said Bulletin No. 19 to contain a natural bed, and it shall be lawful for them to grant leases on any or all territory indicated on said Bulletin No. 19 as vacant. Natural oyster beds to remain property of State. Certain charts conclusive evidence of natural beds, etc. Proviso. SEC. VII. Be it further enacted by the authority aforesaid, That it shall not be lawful to tong or catch oysters between sunset and sunrise, unless an unobstructed light, six feet above the gunwale, be carried on board the boat used for such purpose, and any person who shall be convicted of a violation of this section shall be punished as prescribed in section 4310 of the Code. Tonging or catching at night. Penalty. SEC. VIII. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to affect the titles of the lessees of oyster territory which has heretofore been leased by County Commissioners or Ordinaries, and all leases executed by them before the passage of this Act, or any assignments which have been made of the leases of five (5) acre tracts are hereby confirmed and validated. This Act not to affect leases heretofore granted. 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 22, 1891. FOR PROTECTION OF GAME. No. 683. An Act to protect game in the State of Georgia during certain seasons, 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 to hunt, kill or take in any manner any deer in the State of Georgia between the first day of January and the first day of September in any year. Deer. SEC. II. Be it further enacted, That it shall be unlawful for any person to hunt, kill or take in any manner, or to rob the nests of eggs or young of any wild turkey, partridge or pheasant between the first day of May and the first day of September in any year. Nests of wild turkeys, partridges and pheasants. Local laws not affected by this Act. SEC. III. Be it further enacted, That the provisions of this Act shall not change or modify any existing local laws now in force in any of the counties of this State.

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SEC. IV. Be it further enacted, That any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine of not less than ten dollars nor more than twenty dollars, or be confined at hard labor in the county chain-gang, or any chain-gang adopted by the county, for not more than three months, in the discretion of the court trying the offence. 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 October 16, 1891. SETTING APART A DAY AS ARBOR DAY. No. 60. An act to encourage tree planting, and to conserve the forests of the State by setting apart the first Friday in December as Arbor Day, and for other purposes. SECTION I. The General Assembly of the State of Georgia to enact, That the first Friday in December in each year shall be set apart and consecrated as a day for tree planting, and shall be known throughout the State as Arbor Day. First Tuesday in December Arbor Day. SEC. II. Be it further enacted, That it shall be the duty of the State School Commissioner to take the matter of the observance of Arbor Day by the public, under his general supervision, and through the County School Commissioners to cause the public schools of the State to observe Arbor Day as the superintendents and teachers may think best, in order to show the pupils the value and beauty of forestry by practical tree planting on school, church, and other public lots, lawns, as well as on the public highways. Observance of SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1890. EXEMPTING LICENSED STATIONARY ENGINEERS FROM JURY DUTY. No. 70. An Act to exempt from jury duty all regularly licensed stationary engineers actually engaged in the regular management of engines at their place of occupation. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, all regularly licensed stationary engineers

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in this State actually engaged in the regular management of engines at their place of occupation shall be exempt from jury duty; but nothing herein contained shall be construed to disqualify the persons above named from jury duty, or to exclude their names from the jury box. Licensed stationary engineers exempted from jury duty. But not disqualified SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890. INCREASING COMPENSATION SHERIFF SUPREME COURT. No. 127. An Act to amend an Act to fix the compensation of the sheriff of the Supreme Court, and to provide for the manner of its payment, approved October 3d, 1887. SECTION I. Be it enacted by the General Assembly of Georgia, That the first section of the above recited Act be hereby amended by striking from the fourth line of said section the words eight hundred dollars, and by inserting in lieu thereof the following words, to-wit: one thousand dollars, so as to hereby provide that the compensation of the sheriff of the Supreme Court shall be one thousand dollars per annum from and after the passage of this Act, payable as by the Act of which this is amendatory provided. Compensation increased to one thousand dollars. SEC. II. Be it further enacted, All of the other provisions of the above recited Act of which this is amendatory are continued in force. Other provisions of Act of Oct. 3. 1887, continued of force. SEC. III. Be it further enacted. All laws in conflict with this Act are hereby repealed. Approved December 26, 1890. REGULATING APPOINTMENT OF PEACE OFFICERS AND DETECTIVES. No. 263. An Act to regulate the appointment of Special Deputy Sheriffs, Special Constables, Marshals, Policemen, or other peace officers, or Detectives in the 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 no sheriff of a county, mayor of a city, or other person authorized by law to appoint special deputy sheriffs, special constables, marshals, policemen,

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or other peace officers, or detectives in this State, to preserve the public peace and prevent or detect crime, shall hereafter appoint as such special deputy, special constable, marshal, policeman or other peace officer or detective, any person who is not a citizen of this State, and no person shall assume or exercise such functions, powers, duties, or privileges incident and belonging to the office of special deputy sheriff, special constable, marshal or policeman, or other peace officer or detective, without first having received his appointment in writing from the lawfully constituted authorities of the State. Non-residents not to be appointed. Functions of peace officer or detective not to be assumed without written appointment. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons who shall, without due authority, exercise or attempt to exercise the functions of or hold himself or themselves out to any one as a deputy sheriff, marshal, policeman, constable or other peace officer or detective 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 nothing in this Act shall be construed to interfere with the police powers granted to conductors of passenger trains; provided further , that this Act shall not apply in times of riot or unusual disturbance, or in other instances now provided for by law. Penalty. Not to affect police power of conductors Nor apply in time of riot, etc. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 30, 1890. OBLIGATIONS TO PAY ATTORNEY'S FEES, IN ADDITION TO INTEREST, VOID, ETC. No. 265. An Act to declare all obligations to pay attorney's fees, in addition to the interest specified therein, upon any note or other evidences, of indebtedness void and of no effect, and to prohibit the collection 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, all obligations to pay attorney fees upon any note or other evidences of indebtedness, in addition to the rate of interest specified therein, is hereby declared to be absolutely void, and no court shall have power to enforce such contract and agreement to pay such attorney fees, unless a plea or pleas be filed by the defendant and not sustained. Obligations for attorney's fees, in addition to interest upon notes, etc., void. Unless plea filed by defendant and not sustained. SEC. II. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 22, 1891.

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INSPECTION AND ANALYSIS OF COTTON SEED MEAL, ETC. No. 266. An Act to require all cotton seed meal to be subjected to analysis and inspection as a condition precedent to being offered for sale, and to forbid the sale in this State of such cotton seed meal if it be shown by the official analysis that the same contains less than seven and one-half per centum of ammonia, 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 from and after the passage of this Act, it shall not be lawful for any person or persons to offer for sale in this State any cotton seed meal until the same shall have been duly analyzed by the State Chemist, and inspected as now required by law in the matter of all fertilizers and chemicals for manufacturing or composting purposes. Nor shall it be lawful to offer such cotton seed meal for sale, in this State, if it be shown by the official analysis that the same contains less than seven and one-half per centum of ammonia; provided , that the provisions of this Act as to the per centum mentioned in this section, shall not apply to meal manufactured from Sea Island cotton seed, but the Commissioner of Agriculture shall, upon the passage of this Act, fix and make public a minimum per centum which shall control as to the cotton seed meal referred to in this proviso; provided further , that if any cotton seed meal shall not analyze up to the required per centum of ammonia, the same may be offered for sale, as second-class meal, provided the true analysis be made known to the purchaser and stamped on the sacks. Inspection and analysis required. As required of fertilizers. Unlawful to offer for sale if containing less than 7 percent, ammonia. Not applicable to meal from Sea Island cotton seed Minimum percentage as to Sea Island cotton seed meal. May be offered as second-class meal etc. SEC. II. Be it further enacted by the authority aforesaid, That there shall be branded upon or attached to each sack, barrel or package of cotton seed meal offered for sale in this State, the true analysis as determined by the State Chemist, and the number of pounds net in such sack, barrel or package. Analysis and number pounds to be branded upon or attached to packages. SEC. III. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Agriculture to take all steps necessary to make effective the provisions of sections 1 and 2 of this Act. Commissioner of Agriculture to carry out provisions of this Act. SEC. IV. 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 1882. Penalty for violations. 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 July 22, 1891.

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SPECIAL CRIMINAL BAILIFFS FOR SOLICITORS-GENERAL. No. 276. An Act to provide for the appointment and compensation, and to prescribe the duties of special criminal bailiffs for the Solicitors-General in the Superior, City and County Courts, in counties having more than twenty thousand inhabitants in this State, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, That from and after the passage of this Act, in each county in this State having more than twenty thousand inhabitants, the Solicitor-General of the Superior, City and County Court shall each be entitled to a special criminal bailiff, to be appointed by such Solicitor-General with the approval of the judge of the court, and to be subject to removal by such judge and Solicitor-General for misconduct in office, or other sufficient cause, to be judged of by them. Special criminal bailiffs in counties with more than twenty thousand population. Appointment and removal. SEC. II. Be it further enacted by authority of the same, That the compensation of the bailiff so appointed shall be fixed by the Ordinary or by the County Commissioners in those counties where such boards exist, and shall be paid out of the County Treasury on warrants drawn by the Ordinary or the Board of Commissioners of Roads and Revenues in the several counties where such bailiffs are appointed as aforesaid. Compensation. SEC. III. Be it further enacted by the authority aforesaid, That it shall be the duty of the special criminal bailiffs provided for in this Act to prepare all criminal business pending in the courts for which they were appointed respectively for trial, by arresting defendants, summoning witnesses, and serving attachments on witnesses, and performing such other duties in connection with the criminal business of the courts in which they are serving as may be directed by the presiding judges and Solicitors-General of said courts. Duty. SEC. IV. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 6, 1891.

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AUTHORIZING JUDGES SUPERIOR COURTS TO FIX GRADES OF TURN-PIKE ROADS. No. 299. An Act to authorize the judges of the Superior Courts of this State, in granting charters to turn-pike road companies, to fix and prescribe the grade of such roads, 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 judges of the Superior Courts of said State, in granting charters to incorporate turn-pike road companies upon application, may, in their discretion, fix and prescribe the grade of such turn-pike roads, which shall be reasonable and fair, taking into consideration the elevation of the ground upon which such turn-pike roads are to be constructed. Authorizing Superior Court Judges to fix grade of turn pikes. 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 14, 1891. PUNISHING FRAUDULENT ENTRIES AND PRACTICES IN SPEED CONTESTS. No. 332. An Act to punish fraudulent entries and practices in speed contests. SECTION. I. Be it enacted by the General Assembly, and it is hereby enacted by authority of same, That from and after the passage of this Act, that if any person or persons shall knowingly and corruptly enter, or cause to be entered for competition, or to compete for any prize, purse, premium, stake, or sweepstakes offered by an agricultural society or driving club, or other society organized under the laws of this State, where the same is to be decided by a contest of speed, any horse, mare, gelding, colt or filly, under an assumed or false name, or out of its proper class or division, with intent to cheat or deceive such society or organization or association, he shall on conviction be punished as prescribed in section 4310 of the Code. Entering animals under false names, etc. Penalty. SEC. II. Be it further enacted, That the class or division in which an entry is made within the meaning of this Act shall be determined by the rules and regulations of the society organization or association under whose auspices the contest is to be conducted and the published terms and conditions under which the prize, purse, premium, stake or sweepstake is offered, opened or announced. Rules for determining class or division in which entry is made SEC. III. Be it further enacted, That the true name of any horse, mare, gelding, colt or filly, within the meaning of this Act, shall be

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the name by which it is known, under and according to the rules and regulations of such society, organization or association, and the name by which any horse, mare, gelding, colt or filly has once competed for any prize, purse, premium, stake or sweepstakes, shall be regarded as its true name unless the name is changed as provided by said rules and regulations. True name of animal within meaning of this Act. SEC. IV. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed. Approved August 29, 1891. AMENDING ACT PROHIBITING COCK FIGHTING. No. 339. An Act to amend an Act to prohibit cock fighting or betting thereon, and to prescribe a punishment for the same, approved November 11, 1889, and for other purposes. 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 from section 1 of said Act the figures 1725, after the words as prescribed in section, and before the words of the Code, and inserting in lieu thereof figures 4310, so that said section 1 of said Act, when amended, will read as follows: Section 1. 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 4310 of the Code of Georgia of 1882. Sec. 1 of Act of Nov. 11, 1889, amended. Penalty to be as prescribed in Code, sec. 4310. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 31, 1891. PROVIDING PAYMENT FOR JURORS WHO APPEAR, THOUGH NOT SWORN. No. 340. An Act to provide for the payment of certain jurors, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same, That from and

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after the passage of this Act the grand and petite jurors who are drawn on the regular panel, and who appear in answer to the summons, shall receive compensation for the day of their appearance though they may not be sworn. Payment of jurors appearing, though not sworn. 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 31, 1891. AMENDING ACT MAKING MUNICIPAL COUNCILMEN AND ALDERMEN INELIGIBLE TO OTHER MUNICIPAL OFFICES. No. 372. An Act to amend 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, approved November 12, 1889, 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 declare councilmen and aldermen of towns and cities ineligible during their term of office to any other municipal office in said towns and cities, approved November 12, 1889, be amended, by striking from the first section of said Act, in line four of the printed volume, the words ineligible to, and inserting in lieu thereof the following words, to-wit: incompetent to hold, except in towns of less than two thousand inhabitants, so that said section, when amended, shall read as follows: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. That from and after the passage of this Act councilmen and aldermen of the towns and cities of this State shall be incompetent to hold, except in towns of less than two thousand inhabitants, any other municipal office in said towns and cities during the term of office for which they were chosen. Sec. 1 of Act of Nov. 12, 1889, amended. Incompetent to hold instead of ineligible to. Section as amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 7, 1891.

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REPEALING ACT PROVIDING FOR RECORD BOOK OF SUPERIOR COURT CHARTERS, ETC. No. 388. An Act to repeal an Act approved November 13, 1889, with the following caption, to-wit: 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 book 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, That the above recited Act, approved November 13 1889, be, and the same is, hereby repealed. Act of Nov. 13, 1889, as to record book Superior Court charters, repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 8, 1891. REGULATING THE LAW OF YEAR'S SUPPORT. No. 446. An Act to regulate the law of year's support. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That whenever the vendor of land shall make a deed thereto, and take a mortgage to secure the purchase money thereof, neither the widow, nor the widow and minor child or children nor the the minor child or children of the vendee shall be entitled to a year's support in said land as against said vendor, his heirs, executors, administrators and assigns, until the purchase money of said land is fully paid. Claim for year's support not good against vendor, etc. of land, holding mortgage, until purchase money 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 September 16, 1891.

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REQUIRING HOTEL KEEPERS, ETC., ON SEA-COAST TO MAINTAIN LIFE-BOATS, ETC. No. 599. An Act to require the proprietors or keepers of hotels, boarding houses or other public houses or bath-houses on the sea-coast of Georgia, where the public may resort for the purposes of surf-bathing, to keep and maintain, during the surf-bathing season, suitable life-boats or life-rafts, life-preservers and appliances for use in case of emergencies to bathers, to provide penalties for violations thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the proprietor or keeper of every hotel, boarding-house or other public house or bath-house on the sea-coast of Georgia, where the public may resort for purposes of surf-bathing, shall at all times, during the surf-bathing season, keep and maintain at their respective establishments, in full view and accessible to bathers and guests of such house, a suitable and sea-worthy life-boat or life-raft, fully equipped with oars, oar-locks, life-preservers and life-ropes, and mounted upon a proper wheeled carriage, which boat or raft and appliances shall be kept at all times ready for instant use, in case of emergencies to bathers requiring the use of such boat, raft or other appliances, and in default of complying with the provisions of this section, no proprietor or keeper of such hotel, boarding-house, public-house or bath-house shall have the right to collect any charge, debt, account, note or other writing from any guests of such house, the consideration of which is board, lodging or other service rendered such guest during the surf-bathing season by the proprietor or keeper of any such house; provided , that the provisions of this section shall not go into effect until after January first, eighteen hundred and ninety-two. Hotel keepers, etc., on beaches required to keep life boats, etc. Failure to comply for feits claim for board, etc. Act to go into effect January 1, 1892. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of the foregoing section shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of Georgia. Penalty for violation. SEC. III. Be it further enacted by the authority aforesaid, That all laws and part of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891.

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RENEWAL OR REPAIRING PAVEMENTS IN CITIES OF OVER TWENTY THOUSAND POPULATION. No. 634. An Act to provide for renewing or repairing any pavement now laid or to be laid in any city of this State, having a population over twenty thousand (20,000). SECTION I. Be it enacted by the General Assembly, That the Mayor and Council, or other governing authority of any city of this State, having a population of over twenty thousand, shall have power and authority to renew, by the use of any material that may be decided on, or repair any pavement now laid, or hereinafter laid in said city, upon the same terms and conditions, as to assessment of property and street-car companies, as were in force when the said pavement was originally laid; provided , in the judgment of the City Council of said city the pavement was worn out and no longer serviceable as a good pavement, it being the intent and purpose of this Act, that the City Council or other governing authority of said cities shall have the power to pave again any street on which the pavements are worn out and useless. Renewal of or repairs of pavement by assessment, etc., Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved October 10, 1891. AMENDING ACT AS TO SALE, ETC., BY GUARDIANS OF ESTATES OF WARDS. No. 652. An Act to amend an Act approved November 11, 1889, entitled an Act to allow guardians to sell the estate of their wards for reinvestment, 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 Senate and House of Representatives, That from and after the passage of this Act, the above recited Act be, and the same is, hereby amended by striking from said Act the whole of the second section thereof, and by substituting for said section the following: That before such application is made such guardian shall publish once a week for for four weeks, in the newspaper in which county advertisements are usually published in the county of said guardian's appointment, and if the property sought to be sold is land, also in the county where the land lies, a notice of his intention to apply for such order to sell and reinvest, which notice shall describe the property sought

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to be sold, the reasons for making the application, and shall also state the time and place where said application will be made. If said application is made in vacation, the judge to whom it is made may hear and pass upon the same at any place within his Judicial Circuit, just as he may upon any business heard in chambers. Said guardian shall, in his petition to the said judge, fully describe the property sought to be sold, the income thereon, the expenses, if any, of keeping the same, the reasons for asking the sale, and shall also describe the property in which he wishes to reinvest the proceeds. He shall also state in said petition whether he seeks to sell the property privately or at public outcry. Said petition shall be verified by the oath of the guardian. The guardian shall cause a copy of said petition to be served personally upon each of his wards who is over the age of fourteen, and shall also cause a copy of said petition to be served personally upon one or more of the next of kin of said ward, which next of kin shall be some one other than the guardian. Service of all said copies shall be made at least ten days before the time of hearing the application. At the hearing the judge, before granting the application, shall carefully examine into the matter and satisfy himself, by evidence other than the verified petition, that said order to sell and reinvest should be granted: said judge shall also appoint a guardian ad litem , as provided by existing laws for the sale of trust estate where minors are interested. Striking second section of Act of Nov. 11, 1889. New section. Notice of application to be given. Requisites of notice. Where application in vacation. What petition must contain. Service of. Examination by judge Guardian ad litem. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved October 14, 1891. CONFERRING POLICE POWERS ON CONDUCTORS, ETC., OF STREET RAILROADS. No. 693. An Act to confer police powers upon the conductors, motormen and drivers of street railroad cars in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the conductors, motormen and drivers of street railroad cars in this State are hereby invested with all the powers, duties and responsibilities of police officers while on duty on their trains or cars, and while on duty at the termini of their lines; provided , nothing herein contained shall affect the liability of any railroad company for the act of its employers. Police power conferred on conductors, etc. Not to affect liability of company. SEC. II. Be it further enacted, That when a passenger is guilty of disorderly conduct or uses any obscene, vulgar or profane language, or plays any game of cards, or other game of chance for money or

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other thing of value, or is guilty of any disorderly or improper conduct tending to cause a breach of the peace, said conductors, motormen and drivers, either or all of them, are hereby authorized to eject such passengers from the cars, using only such force as may be necessary to accomplish such removal, and the said officers may command the assistance of the employees of the company, and the passengers on such train or cars to assist in such removal, and said officers may cause any person or persons who violate the provisions of this Act, who commit acts which are in violation of the laws of this State, to be detained and delivered to the proper officers for trial as soon as practicable, and said officers are authorized to exercise the police powers hereby conferred at the termini, also of their lines, while on duty either as conductors, motormen or drivers. Authority to eject passengers, etc. Arrests. 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, 1891. ALLOWING APPOINTMENT OF TAX-ASSESSORS BY TOWNS AND CITIES. No. 696. An Act to authorize and empower the Mayor and Council or other governing authorities of each town or city in this State to elect Assessors to assess the property of the town or city liable for taxation, 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 council of each town or city in the State are hereby authorized and empowered, in their option, to elect three freeholders residing in the town or city assessors, who shall value and assess all the property within said town or city liable for taxation. That all persons who are dissatisfied with the value placed on their property shall, if they desire, appear before said assessors and produce testimony as to the value of property, and the decision of said assessors, after hearing the evidence, shall be final; provided , that this Act shall not affect towns or cities now having the power to appoint assessors. Tax assessors for municipalities. Persons dissatisfied with assessment may appear, etc. Decision after hearing final. Proviso. SEC. II. Be it further enacted, That said assessors shall make their reports at such time and in such manner as the town or city authorities shall determine, and shall be governed in all their acts and doings by rules made by the town or city authorities, unless contrary to the laws of this State, and the town or city authorities shall, in levying or assessing the rate of taxation, do so upon the value of the property in said town or city as reported by the assessors. Reports by assessors, etc. Tax to be upon values as reported by assessors. 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, 1891.

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SETTING APART A LEGAL HOLIDAY TO BE KNOWN AS LABOR DAY. No. 698. An Act to set apart the first Monday in September of each year as a legal holiday to be known as Labor Day. SECTION I. Be it enacted by the General Assembly of the State Georgia, That from after the passage of this Act the 1st Monday in September of each and every year be, and the same is, hereby set apart as a legal holiday, to be known as Labor Day. First Monday in September Labor Day. 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, 1891. REGULATING APPOINTMENT, ETC., PHYSICIAN LUNATIC ASYLUM. No. 703. An Act to regulate the appointment and term of office and removal of Physician of the Lunatic Asylum. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act no person shall be elected a Physician of the Lunatic Asylum until after he shall have been rigidly and thoroughly examined by the Board of Trustees of the Asylum, and found by the board to be well qualified to discharge the duties of the office: provided , that hereafter the Board of Trustees shall select three competent physicians, one of whom shall be a member and Chairman of the Board of Trustees, and require all applicants for election to the position of superintendent and assistant physicians, as well as all those now in those positions at the Asylum who have not been so examined, to appear before said commission and stand their examination, and the examination papers to be returned to the board, with such recommendations as said Board of Physicians may make, and then said board shall commission said applicant, if the examination is satisfactory, who shall hold their respective offices two years, subject to removal by the Board of Trustees; all questions, with the answers made by each applicant in the presence of the Board of Physicians, to be filed in the archives of the Asylum for future reference; said examining board of physicians to be paid such sum as said trustees may allow, out of the contingent fund of the Asylum. No person to be elected until rigidly and thoroughly examined. Commission to conduct examination. Persons who must be examined, etc. Commissions. Terms of office. Questions and answers to be filed. Compensation of examiners.

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SEC. II. Be it further enacted, That a second examination shall not be required of those who have already been examined and elected; provided further , that such election shall be biennially; provided further , that those officers who have served continuously for a period of ten years shall not be required to stand the examinations provided for in this Act. Second examination not required. Biennial elections. Officers of ten years continuous service not required to stand examination. 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 17, 1891. PROVIDING ADDITIONAL SECURITY FOR MATERIAL-MEN AND LABORERS, ETC. No. 713. An Act to provide additional security to material-men and laborers; to provide a penalty for making false affidavits, 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 person, firm or corporation that gives out to contract the building or constructing of any house, store, mill, railroad or other structure of like nature, shall retain twenty-five per cent. of the contract price thereof until the contractor shall submit to such person, firm or corporation an affidavit that all debts incurred for material and labor in building or constructing such house, store, mill, railroad, or other structure of like nature, have been paid, or that the persons to whom such debts for material and labor are owed have consented to the payment of said twenty five per cent.; and any person swearing falsely in making the affidavit as aforesaid shall be guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code. And any person, firm or corporation that shall pay over to a contractor the said twenty-five per cent. of the contract price of said house, store, mill, railroad or other structure of like nature, without requiring the affidavit as aforesaid, shall be liable to the extent of twenty-five per cent. of said contract price to any material-man or laborer for material furnished or work for said contractor in building or constructing said house, store, mill, railroad, or other structure of like nature. But nothing in this Act shall be construed to impair any rights now given by law to material-men and laborers. Twenty-five per cent. contract price to be retained. Until contractor submits affidavit of payment of debts, etc. Penalty for making false affidavit. For failing to retain the twenty-five per cent. Not to impair existing rights of material-men and laborers. SEC. II. Be it likewise enacted, That all laws in conflict with this Act are hereby repealed. Approved October 19, 1891.

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FURTHER RESTRICTING ISSUING OF LICENSES BY STATE BOARD OF PHARMACY. No. 726. An Act to amend an Act approved October 25, 1889, which was entitled 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, so as to further limit and restrict the issuing of licenses by the Georgia State Board of Pharmacy, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4 of the Act approved October 25, 1889, stated in the caption hereof, be, and the same is, hereby amended by striking out from said section 4 all after the word follows, in the third line thereof, and before the word all, in the seventeenth line thereof, and inserting in lieu of the stricken words the following words, to-wit: It shall be the duty of the Georgia State Board of Pharmacy to grant license: First, 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. Second, to such physicians, graduates of a regular medical college, and such graduates of schools of pharmacy as shall have passed a satisfactory examination before said Board of Pharmacy. Third, to pharmacists who have obtained license from such other State Boards of Pharmacy as may be recognized by said Georgia State Board of Pharmacy, so that said section 4, as amended, shall read as follows: 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: It shall be the duty of the Georgia State Board of Pharmacy to grant license: First, 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. Second, to such physicians, graduates of a regular medical college, and such graduates of schools of pharmacy as shall have passed a satisfactory examination before said Board of Pharmacy. Third, to pharmacists who have obtained license from such other State Boards of Pharmacy as may be 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 in the place of business of such licentiate; provided , that this Act shall not apply to physicians who are graduates of medical colleges in good standing, and who have been practicing medicine for five years at the time of the passage of this Act. Sec. 4 of Act of Oct. 25, 1889, amended. To whom licenses shall be granted. Section as amended.

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SEC. II. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved October 20, 1891. AUTHORIZING BUILDING OF MILITIA DISTRICT COURT HOUSES, ETC. No. 740. An Act to authorize the building of court-houses in the several militia districts of this State, and the levy of a tax for that purpose, 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 from and after the passage of this Act the county authorities having charge of the county revenues in this State are hereby authorized and empowered, upon the recommendation of the grand jury of said county, to erect, at a cost not exceeding one hundred dollars each, a suitable court-house in each militia district, outside of the incorporate towns, in the counties of this State, and said authorities are authorized to levy a tax for that purpose. After said court-house has been erected, the court ground shall not be removed without the consent of the said county authorities. Court-houses may be erected. Upon recommendation by grand jury, Costs, etc. Tax for. Removal of court grounds. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891. PRESCRIBING TIME OF RESIDENCE OF APPLICANTS FOR DIVORCE. No. 741. An Act to prescribe the time of residence in this State, and of the counties therein, of all persons making application for divorce to the courts of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act that no court in this State shall grant divorce of any character to any person or persons who has not been a bona fide resident of the State twelve months and the county wherein the said suit is filed six months before the filing of said application for divorce. Bona fide residence of twelve months in State and six months in county. Before suit filed.

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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 October 20, 1891. AMENDING ACT REGULATING SALE OF FLOUR AND MEAL. No. 755. An Act to amend an Act entitled 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 placed, 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, approved November 11, 1889, be amended by striking out the word sacking, in the eighth line of the first section of said Act, and inserting in lieu thereof the words offering for sale, 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 an Act entitled 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, approved November 11, 1889, be, and the same is, hereby amended by striking out the word sacking, in the eighth line of the first section of said Act, and inserting in lieu thereof the words offering for sale, so that said section, when amended, shall read as follows: Amending first section of Act of Nov. 11, 1889. Stamping etc., of weight to be by person offering for sale instead of person sacking. 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 the duty of each and every miller or manufacturer of flour or of corn meal (and every merchant or dealer) offering for sale 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, contained therein, and 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. This Act shall not apply to millers, merchants or dealers selling flour or meal in quantities less than a full sack, or in any quantities when sold by weight. Section as amended.

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SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891. PROTECTING INSANE PERSONS IN THEIR POSTAL RIGHTS. No. 759. An Act for the protection of persons confined in the Insane Asylum of this State in their rights to communicate by letter with their friends, and to prevent sane persons from being imprisoned in insane asylums, 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 each inmate of every insane asylum, both public and private, in this State, shall be permitted to select one person, a relative or friend, from the outside world, with whom he or she may correspond by letter whenever he or she may desire, and over every such letter or letters directed to such chosen relative or friend, there shall be no censorship exercised or allowed by any of the asylum officials or employees, but the post-office rights of such inmates, so far as the person so chosen is concerned, shall be as free and unrestricted as are those rights of any other resident or citizen of the United States, and shall be under the protection of the same postal laws; and every such inmate shall have the right, if he or she so desires, to make a new choice of such correspondent every three months; and it shall be the duty of the superintendent to furnish every such inmate, if requested to do so, with suitable material for writing, inclosing, sealing, stamping and mailing at least one letter a week, unless the inmate is otherwise furnished with such materials, and all such letters shall be dropped by the writers thereof, accompanied by an attendant when necessary, into a United States post-office box, but the attendant shall in all cases see that such letters are directed to the patient's correspondent, and if they are not so directed they shall be held subject to the superintendent's disposal. Inmates of insane asylums may select a correspondent. No censorship of letters, etc. New choice Writing material, etc., to be furnished. Mailing, etc. SEC. II. Be it further enacted by the authority aforesaid, That it is hereby made the duty of the superintendent to keep registered and posted in some public place in the asylum a true list of the names of all persons so chosen, and by whom chosen, and it is hereby made the duty of the superintendent to inform each person so chosen of the name of the party choosing him or her, and to request him or her to write his or her name on the outside of the envelope of every letter he or she writes to such inmate, and all such letters bearing the writer's name on the outside shall be promptly delivered to the person addressed, and shall not be opened

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or read by any one else without the voluntary consent of the party to whom the same is addressed being first obtained; provided, however , if there is any reason to believe that the envelope contains material which might be used for medication, then, in that case, the letter shall be opened in the presence of a competent witness, and this substance shall be delivered to the superintendent to be disposed of at his discretion, but the letter must be delivered as directed. Registry of correspondents chosen. Letters to inmates from their correspondents. SEC. III. Be it further enacted by the authority aforesaid, That any superintendent, officer or employee of any asylum in this State, whether public or private, who refuses or neglects to comply with, or wilfully and knowingly violates, any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars nor less than fifty dollars, to which may be added imprisonment in the county jail not more than sixty days nor less than ten days, and shall thereafter be incapable of holding any office in any asylum in this State. Penalty for neglect or violation of this Act. SEC. IV. Be it further enacted by the authority aforesaid, That any person who maliciously causes the imprisonment of any sane person, knowing such person to be sane, in any asylum, public or private, shall, upon conviction thereof, be fined in a sum of not more than five thousand dollars nor a sum less than one hundred dollars, and be imprisoned in the State prison not more than fourteen years nor less than two years; provided, however , that this Act shall not be in force or take effect within less than sixty days after the passage of this Act. Penalty for maliciously causing imprisonment of sane person. SEC. V. Be it further enacted, That a copy of this Act shall be printed, framed and kept posted in every ward of every insane asylum, both public and private, in this State. Copy of Act to be posted. SEC. VI. Be it further enacted, That the Judges of the Superior Courts shall give this Act in special charge to the grand juries of such counties as have lunatic asylums located therein, and require said juries to see that the provisions of this Act are enforced. Judges to give this Act in charge. 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, 1891. PROVIDING ASSISTANTS FOR STATE CHEMISTS, ETC. No. 760. An Act to provide for the appointment of two assistants for the State Chemist of the State of Georgia, and to provide chemicals and apparatus for the work of said State Chemist and his assistants, 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

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from and after the passage of this Act, it shall be the duty of the State Chemist to employ two assistants, at a salary not exceeding one thousand dollars each per annum, whose duty it shall be to aid the State Chemist in all matters pertaining to his office and laboratory as he may direct. They shall hold their positions at the pleasure of the State Chemist during his term of office, and shall be subject to his direction in all matters pertaining to his duties; furthermore an amount not exceeding one thousand dollars annually shall be subject to the order of the State Chemist for replenishing chemicals and apparatus used by him and his assistants in accomplishing the analysis of the various brands of fertilizers sold in the State of Georgia each year. Assistants for State Chemist. Salary. Duty. Terms of office, etc. Replenishing chemicals, etc. Salaries, etc., to be paid out of inspection fees. SEC. II. Be it further enacted, That the salaries of the assistants and the amount for the chemicals be paid out of the fees arising from inspection of fertilizers. 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 21, 1891. DISBURSEMENT OF MONEY RECEIVED UNDER ACT REFUNDING DIRECT TAX. No. 761. An Act to provide for the payment to the persons entitled thereto of the money received by the State of Georgia from the United States under the Act approved March 2, 1891, refunding the direct tax, collected under the Act approved August 5, 1861, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That when the money credited to the State of Georgia by the United States under the Act approved March 2, 1891, refunding the direct tax collected under the Act approved August 5, 1861, shall have been paid into the treasury of the State of Georgia, and when the copies of the tax-lists, and other evidence of payment of the direct taxes to the United States by persons or inhabitants of Georgia, shall have been made and filed in the executive office in pursuance of the resolutions relating to the same, passed by this General Assembly, it shall be the duty of the Governor of this State to have published once a week for two weeks in the paper in which sheriff's sales are advertised in each county of this State in which said direct taxes were collected, the names of the persons who paid said taxes, and the amount paid by each as appears from said tax-lists, and other evidence obtained as aforesaid. Notices to be published. What notice to contain. SEC. II. Be it likewise enacted, That all claims for said direct tax-money shall be filed with the Governor, who shall have prepared proper blank forms for making such claims and establishing

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the same by satisfactory evidence. Upon proper proof the Governor shall draw his warrant upon the Treasurer in favor of the person or persons from whom said tax was collected, as appears by said copy tax-lists, or if such person or persons be dead, then the warrant shall be drawn in favor of the duly qualified legal representative of such person or persons; and the Governor shall forward to the Ordinary of each county in which such tax was collected a sufficient number of printed blank forms of applications, affidavits, instructions and so forth to accommodate those desiring and entitled to recover said tax-money. Filing, etc. of claims. Payment. Blank forms, etc. SEC. III. Be it likewise enacted, That all claims under the trust created by the refunding Act of Congress, above mentioned, shall be filed with the Governor within six years after the approval of said Act on March 2, 1891: and all claims not so filed shall be forever barred, and all moneys not claimed by the expiration of said six years shall be covered into the treasury, as the property of the State. When claims under trust created by refunding Act must be filed. SEC. IV. Be it likewise enacted, That all laws in conflict with this Act are hereby repealed. Approved October 21, 1891. AMENDING ACT TO LAY OUT A NEW COUNTY FROM COUNTIES OF UNION AND GILMER. No. 766. An Act to amend an Act to lay out and organize a new county from the counties of Union and Gilmer, approved January 21, 1854, by correcting a clerical error therein. SECTION I. The General Assembly do enact, That the Act approved January 21, 1854, entitled an Act to lay out and organize a new county from the counties of Union and Gilmer be, and the same is hereby amended, by striking the numerals and words 162, now the district line between 5th and 6th of the first section at the Lumpkin Line, in the thirteenth line of said Act, and inserting in lieu thereof the numerals 228, so that said section 1 of said Act, when amended, will read as follows: Section 1 Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, that a new county shall be laid out and organized from the counties of Gilmer and Union to be included in the following boundaries, to-wit: Amending sec. 1 of Act of Jan. 21, 1854. Section as amended. Beginning at the northwest corner of lot No. 163, 27th District, second section; thence south to the southwest corner of lot No. 180, 27th District, second section; thence east to lot No. 9, in the 7th District and second section; thence on a straight line to the southeast corner of the 7th District and second section; thence south with the district line to lot No. 9, in the 6th District and first section; thence northeast with the Blue ridge to lot No. 228; thence in a straight

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line to Wm. Cornelias, in the county of Union; thence due north to the top of the ridge, dividing the waters of Tacoah and Notley rivers; thence along the top of said dividing ridge northwest to the head of Dooley creek; thence in a north direction along the top of the main ridge to the North Carolina line, at or near Jesse Roper's; thence along the North Carolina line to the line dividing Tennessee and Georgia; thence along said line to the starting point. 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 21, 1891. RENDERING LEGAL CERTAIN CITATIONS, NOTICES, ETC. No. 769. An Act to make sufficient and legal all publications of citations, notices, advertisements, etc., by ordinaries, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees or others, which are, at the passage of this Act, required to be published in a newspaper for thirty days, or for four weeks, or once a week for four weeks, if the same have been published once a week for four weeks immediately preceding the term or day when the order is to be granted, or the sale to take place, notwithstanding the number of days between the first publication and the term or day when the order is to be granted or the sale to take place shall be more or less than thirty days, 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 authority of the same, That from after the passage of this Act in all cases where the law of force at the passage of this Act, requires citations, notices, advertisements, etc., by ordinaries, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees or others, to be published in a newspaper for thirty days, or for four weeks, or once a week for four weeks, it shall be sufficient and legal to publish the same once a week for four weeks (that is, one insertion each week for each of the four weeks), immediately preceding the term or day when the order is to be granted, or the sale is to take place, and the number of days between the date of the first publication, and the term or day when the order is to be granted or the sale to take place, whether more or less than thirty days, shall not in any manner invalidate or render irregular the said notice, citation, advertisment, order or sale. Citations, notices, etc., may be published only once a week for four weeks. SEC. II. Be it further enacted, That all laws and parts of laws an conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891.

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PROHIBITING DUMPING OF CARCASSES IN STREAMS. No. 774. An Act to prohibit the dumping of carcasses in the streams of this State, to provide a penalty therefor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to dump, cast, or otherwise place a carcass of any horse, cow, sheep, goat, dog, or other animal in any river, creek or other stream in this State. Dumping carcasses into streams prohibited. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act, 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 herewith be, and the same are, hereby repealed. Approved October 21, 1891.

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Part II.Corporations. TITLE I.RAILROAD COMPANIES. TITLE II.STEAMBOAT, CANAL AND NAVIGATION COMPANIES, ETC. TITLE III.INSURANCE AND GUARANTY COMPANIES.

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TITLE I . RAILROAD COMPANIES. ACTS. Relieving Rome Street Railroad from Penalty for Failure to Pay Taxes. Incorporating the Electric Railway Company of Savannah. Amending Charter of the Eatonton and Machen Railroad Company. Authorizing Savannah and Western Railroad Company to Construct and Operate a Certain Track in Columbus. Extending Charter of Macon and Atlantic Railway Company. Authorizing Increase of Capital Stock of Savannah, Americus and Montgomery Railway. Authorizing Mobile and Garrard Railroad Company or Lessees to Construct and Maintain Certain Track in Columbus. Incorporating North Georgia Railway Company. Incorporating North Highlands Railroad Company. Relieving Lexington Terminal Railroad Company from Penalty for Failure to Pay Taxes. Incorporating Brunswick and St. Simon's Railway Company. Amending Charter Savannah and Isle of Hope Railway Company. Authorizing Manchester and Augusta Railroad Company to Construct Railroad into Georgia. Incorporating Capital Railway Company. Incorporating Richland, Gulf and Northern Railroad Company. Incorporating Cedartown Street Railroad Company. Relieving Gainesville and Hall County Street Railroad Company from Penalty for Failure to Pay Taxes. Amending Charter Metropolitan Street Railroad Company. Extending Charter of Western and Atlantic Railroad Company. Amending Charter Abbeville and Waycross Railroad Company. Incorporating Athens and Cornelia Railroad Company. Renewing Charter of Atlanta Street Railroad Company, etc. Amending Charter Gate City Street Railroad Company. Amending Charter West End and Atlanta Railroad Company. Incorporating Atlanta and Birmingham Railroad Company. Incorporating Suburban and West End Railway Company. Incorporating Atlantic and Northwestern Railroad Company. Incorporating Atlanta, West End and West View Street Railway Company. Incorporating the Jackson Street Railway Company. Amending Charter Metropolitan Street Railway Company of Macon. Incorporating the Etna Railroad I Company.

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Amending Charter Athens Railway Company. Incorporating Millen and Southern Railway Company. Amending Charter Ellijay Street Railroad Company. Incorporating Vernon Park Railway Company. Incorporating Southern National Railroad Company. Incorporating Alabama Eastern Railroad Company. Incorporating Brunswick and Northern Railway Company. Amending Charter West Atlanta Street Railroad Company. Amending Charter Griffin Street Railroad Company. Incorporating Macon and Indian Springs Railway Company. Incorporating Dalton, Spring Place and Eastern Railroad Company. Amending Charter City and Suburban Railway of Savannah. Amending Charter Coast Line Railroad Company of Savannah, Ga. Authorizing East Tennessee, Virginia and Georgia Railway Company to Boild Certain Side Track. Amending Charter Cincinnati. Georgia and Florida Railroad Company. Amending Charter Talbotton and Western Railroad Company. Amending Charter Carrollton Street Railway Company. Incorporating North Augusta Railroad Company. Incorporating Seaboard and Augusta Railroad Company. Amending Charter Atlanta and Edgewood Street Railroad Company. Amending Charter Louisville Branch Railroad Company. Authorizing Increase of Stock Louisville Branch Railroad Company. Incorporating Alcovy and Northern Railroad Company. Incorporating Tallapoosa Street Railway Company. Extension Indian Springs and Flovilla Railroad upon State Reserve. Incorporating South Atlantic Railroad Company. Amending Charter Cincinnati, Georgia and Florida Railroad Company, Amending Charter Atlanta and Alabama Railway Company. Amending Charter Washington and Elberton Railway Company. Amending Charter Cartersville and Gainesville Air-Line Railroad Company. Amending Charter Georgia, Carolina and Northern Railway Company. Incorporating Atlanta. Hapeville and Manchester Railroad Company. Incorporating Atlanta. Southern and Western Railroad Company. Amending Charter Chattanooga and Gulf Railroad Company. Incorporating Atlanta, Americus and Florida Railway Company. Incorporating Georgia, Virginia and Baltimore Railroad Company. Amending Charter Middle Georgia and Atlantic Railway Company. Amending Charter Nacoochee Valley Railroad Company. Amending Charter Abbeville and Waycross Railroad Company. Amending Charter Fairmount Valley Railroad Company. Incorporating Savannah and Oconee Railroad Company. Incorporating Georgia Mineral Railroad Company. Amending Charter Louisville Branch Railroad Company. Incorporating Americus Transit Company. Incorporating Smithville and Hawkinsville Railroad Company. Incorporating Thomson and Lincolton Railroad Company. Incorporating Brunswick, LaGrange and Northwestern Railroad Company. Amending Charter Carrollton Street Railway Company. Incorporating McRae Ocilla and Southwestern Railroad Company. Changing Name Indian Springs Railroad Company. Incorporating Washington and Middleton Railroad Company. Incorporating Soque and Tallulah Railroad Company. Amending Charter Savannah Street and Rural Resort Railroad Company. Incorporating Southover Street Railroad Company. Incorporating Madison and Eatonton Dummy Line Company. Amending Charter Albany and Bainbridge Railroad Company. Incorporating Wayne Southern Railroad Company. Amending Charter Waycross Air-Line Railroad Company. Incorporating Chalybeate Springs Railroad Company.

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Incorporating East and West Railway Company. Incorporating North Macon Street Railroad Company. Amending Charter Cartersville and Gainesville Air-Line Railroad Company. Incorporating Covington and Ocmulgee Railroad Company. Incorporating Atlanta and Manchester Railroad Company. Incorporating Tobacco Belt and Florida Railroad Company. Incorporating the Transvale Railway Company. Incorporating Carrollton and Roanoke Railroad Company. Incorporating Boston and Albany Railroad Company. Incorporating Jesup and Waynesville Railroad Company. Authorizing Georgia. Southern and Florida Railroad Company to Close and Occupy a Certain Alley in Macon. Incorporating Tifton and Northeastern Railroad Company. Incorporating Quitman Street Railway Company. Incorporating Southern Air Line Railroad Company. Incorporating Atlantic and Northwestern Railroad Company. RELIEVING ROME STREET RAILROAD FROM PENALTY FOR FAILURE TO PAY TAXES. No. 5. An Act to relieve the Rome Street Railroad Company from the penalty provided by the Act of September 17, 1889 (p). WHEREAS, The Rome Street Railroad Company paid the taxes due on its property to the State within five days after the time provided by the above Act, and its failure to pay the same by the first day of October last was the result of inadvertence and mistake. Preamble SECTION I. Be it therefore enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That the Rome Street Railroad Company be relieved from the payment of the penalty provided by an Act to prescribe and fix a penalty upon all railroad companies of this State which failed to pay to the State the taxes due by such railroad companies by the first day of October in each year, passed on the 17th day of September, 1889. Rome Street Railroad relieved from 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 25, 1890.

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INCORPORATING THE ELECTRIC RAILWAY COMPANY OF SAVANNAH. No. 26. An Act to incorporate The Electric Railway Company of Savannah, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Jacob S. Collins, W. K. Wilkinson, Robert M. Hicks, W. F. McCauley, Thomas Nugent, J. R. Anderson, Walter G. Charlton, William W. Mackall, Jr., and Hugh Logan of the city of Savannah, Georgia, together with such other persons as may become associated with them under this Act, their successors and assigns be, and they are, hereby created a body politic and corporate under the name of The Electric Railway Company of Savannah, and that by that name they and their successors and assigns shall and may continue, as such body politic, may sue and be sued in any of the courts or elsewhere, may make by-laws, and rules and regulations for its government 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, and the time and mode of electing them, may have a common seal, may purchase, accept, hold, enjoy or convey any property, real or personal, or privileges that may be necessary for the purposes herein set forth, or which may be acquired in the pursuit or for the purposes of its business; and may borrow money and issue bonds or other obligations therefor, and secure the same by mortgage, trust deed or otherwise, on all the property, privileges and franchises of said company. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, That said company shall have the power and authority to lay out, construct, equip, use and operate by electricity, or such other power or means of propulsion as the Mayor and Aldermen of the city of Savannah may consent to, a line of street railway in said city commencing on St. Julian street immediately to the east of the market; thence along St. Julian street to Johnson square; thence to the left and around said square, and on Bryan street back to St. Julian street; thence along St. Julian street to Price street; thence along Price street to Gwinnett street; thence along Gwinnett street to Ott street; and thence along

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Ott street to the corporate limits of said city, the consent of the Mayor and Aldermen of the city of Savannah having already been obtained for the use of said streets as signified by a resolution of council passed on the 14th day of August, 1890, and upon such other streets, routes and ways therein as said Mayor and Aldermen may hereafter consent to; and shall have the further authority, subject to such consent; to extend, construct and equip, and operate suitable connecting lines to the Savannah, Florida and Western Railway Company's wharves, but not upon said wharves without first obtaining the consent of said railway company so to do, or to any other point in Chatham county; provided , that said railroad company shall be subject to all ordinances of the city of Savannah regulating the laying down, construction and operation of railways in the streets of said city that now exists, or that may be hereafter enacted by the Mayor and Aldermen of said city; provided further , that in all cases where the right-of-way shall be contested, or the directors of said company cannot agree with any person through or over whose land any part or appendage, or switches, station-houses or platforms are to be constructed, as to the amount of damages sustained, such right-of-way shall be granted, and such damages shall be ascertained, adjusted and paid for, as provided for in such cases by the charter of the Central Railroad and Banking Company of Georgia. Route, etc. Connecting lines. Subject to city ordinances. Contested right of way. SEC. III. Be it further enacted, That the capital stock of said company shall be twenty thousand dollars ($20,000.00), which may be increased to not more than one hundred and fifty thousand dollars ($150,000.00) from time to time by a vote of a majority of the stockholders, books of subscription for which may be opened in Savannah or at any other place in the United States which may be deemed expedient; said stock shall be divided into shares of one hundred dollars ($100) each, and shall be paid for, issued and transferable in such manner, and upon such conditions as the Board of Directors may determine, each of said shares being entitled to vote at such time, and in such manner as the said company shall by its by-laws prescribe. Capital stock. SEC. IV. Be it further enacted, That said company shall have power and authority to connect within the corporate limits of said city with any railway now constructed, or which may hereafter be constructed in said city or county, and to lease or sell the said railway with its appurtenances, franchises and privileges to, or consolidate with, any other railway company competent to own and operate the same. Connections with other railroads, etc. SEC. V. Be it further enacted, That the consent of the Mayor and Aldermen of the city of Savannah required in

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behalf of this Act or any part thereof, or to the use of any street, way or route within the coporate limits of said city, may be signified by a resolution passed in council, either before or subsequent to the passage of this Act; provided , that the said company shall cause to be published in the official gazette 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, other than those hereinbefore named, that said company seeks to use. Method in which consent of municipal authorities may be manifested Notice of applications for use of streets. SEC. VI. Be it further enacted, That work shall be begun and completed by said company on the line of railway along the streets hereinbefore specifically designated within the periods limited by the said resolution of council, unless the said Mayor and Aldermen, in their discretion, grant an extension of time, and that work shall be begun upon any line of said company along any other streets of said city, the consent to the use of which has been obtained from the council as hereinbefore provided, within six months from the granting of said consent, and shall be completed within two years therefrom; provided , that if there is not constructed and in operation at least one mile of said street railway within five years from the passage of this Act, then, and in that case, the charter shall expire and become void. When work shall begin and end. One mile to be in operation within five years or charter void. SEC. VII. Be it further enacted, That the said company shall enjoy all the privileges, rights and powers conferred by this Act for the term of fifty (50) years. Term of charter. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 9, 1890. AMENDING CHARTER OF THE EATONTON AND MACHEN RAILROAD COMPANY. No. 42. An Act to amend an Act entitled an Act to incorporate the Eatonton and Machen Railroad Company, to grant certain powers, rights and privileges thereto, etc., approved September 9th, 1889, and the Act amendatory thereof, approved October 16, 1889, so as to increase the number of the Board of Directors, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, That the third section of the Act first referred

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to above, which fixes the number of the Board of Directors to be charged with the management of the affairs of said corporation, be, and the same is, hereby amended by striking out from the third line of said section the word five and inserting in lieu thereof the word nine (9), so that said section, as amended, shall read as follows: Number of directors increased. The affairs of said corporation shall be managed by a Board of Directors to consist of nine (9) 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. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 11, 1890. AUTHORIZING SAVANNAH AND WESTERN RAILROAD COMPANY TO CONSTRUCT AND OPERATE A CERTAIN TRACK IN COLUMBUS. No. 43. An Act to authorize the Savannah and Western Railroad Company to lay down and operate a railroad track across First avenue and Seventeenth street, in the city of Columbus, so as to connect the main track of said Savannah and Western Railroad from the junction of the track of the Columbus and Rome Railway with the City Mills on the east bank of the Chattahoochee river between Seventeenth and Nineteenth streets in said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Savannah and Western Railroad Company be, and it is, hereby authorized to lay down and operate a railroad track across First avenue and Seventeenth street, in the city of Columbus, so as to connect the main track of said Savannah and Western Railroad from the junction of the track of the Columbus and Rome Railway

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with the City Mills, on the east bank of the Chattahoochee river, between Seventeenth and Nineteenth streets, in said city; provided , that nothing in this Act shall be so construed as authorizing said Savannah and Western Railroad Company to stop its cars or engines in the said avenue or street, upon such track, for the purpose of loading or unloading any of such cars in said avenue or street, or for any other purpose, for longer than five minutes at any one time. Authority to lay down, etc., track across First avenue and 17th street. Proviso. SEC. II. For violation of the proviso above stated, the engineer in charge shall be guilty of a misdemeanor, and shall be punished as provided in section 4310 of the Code of Georgia. Penalty for violating terms of proviso. SEC. III. Be it further enacted, That in constructing said track the sidewalks to be crossed shall be obstructed as little as the proper construction of said track will permit, and the grade of said track shall, as far as practicable, be even with the level of the streets, and the grading between the track and on each side thereof shall be kept in such condition by the railroad company constructing the same, as not to obstruct or impair the streets for the use of private vehicles more than is necessary for a proper construction of said track. Regulations as to construction, etc. SEC. IV. Be it further enacted, That should the railroad fail and neglect to maintain the grading as required by this Act, the same may be done by the Mayor of the city of Columbus, after ten days' written notice of the defects in the said grading, and of his intention to do the work; provided , the said railroad company does not do it, which notice shall be served on the depot agent of said railroad or its lessees, at Columbus, or on any officer of said railroad or its lessees, and the cost of said work done by the said Mayor, shall be paid by said railroad company or its lessees, to the city of Columbus within thirty days from the presentation of a bill for said work, and if said work is not paid for in the time prescribed, then the privileges and franchises herein granted shall be null and void. Failure to maintain grading. SEC. V. Be it further enacted, That nothing in this Act shall be construed as an acquiescence by the State in any misuse or violation, if any such exist, of its chartered privileges, granted to the said company in its original charter. This Act not acquiescence in violation of original charter. SEC. VI. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 13, 1890.

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EXTENDING CHARTER OF MACON AND ATLANTIC RAILWAY COMPANY. No. 50. An Act to extend the charter of the Macon and Atlantic Railway Company, so that its corporate existence may continue for the term of sixty years from the date of its charter granted under the general law for the incorporation of railroads. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in accordance with section 1689 of the Code of Georgia, the charter granted to the Macon and Atlantic Railway Company, under the general law for the incorporation of railroads in this State, upon May 24, 1890, be extended to the term of sixty years from said date, with the rights, powers and privileges therein and thereby granted. Charter extended for sixty years from May 24, 1890. SEC. II. Be it further enacted, That all laws in conflict with this Act be hereby repealed. Approved December 16, 1890. AUTHORIZING INCREASE OF CAPITAL STOCK OF SAVANNAH, AMERICUS AND MONTGOMERY RAILWAY. No. 57. An Act to amend the charter of the Savannah, Americus and Montgomery Railway, so as to authorize said corporation to increase its capital stock. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Savannah, Americus and Montgomery Railway, a corporation chartered under the laws of this State, is hereby authorized to increase its capital stock at any time to any amount not exceeding five millions of dollars, by a vote of two-thirds in value of the stock of said corporation. Authorizing increase to not exceeding five million dollars. SEC. II. Be it 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 December 16, 1890.

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AUTHORIZING MOBILE AND GIRARD RAILROAD COMPANY OR LESSEES TO CONSTRUCT AND MAINTAIN CERTAIN TRACK IN COLUMBUS. No. 61. An Act to authorize the Mobile and Girard Railroad Company, or its lessees, to construct, maintain and use a railroad track connecting with the track of the Mobile and Girard Railroad at some point on Ninth street, in the city of Columbus, and running into the yards of the Empire Mills Company, and for other purposes. WHEREAS, By resolution of the Mayor and Council of the city of Columbus, the Mobile and Girard Railroad Company was authorized to construct, maintain and use in Ninth street, in the city of Columbus, and in the other streets of said city, side-tracks for the speedy delivery of freights; and Preamble WHEREAS, By a vote of the people of the city of Columbus, said action of the Mayor and Council was ratified, now in order that the expressed authority may be fully exercised and made fully legal; SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That the Mobile and Girard Railroad Company, or its lessees, be, and are, hereby authorized, and shall have full power and authority to construct, maintain and use a railroad track connecting with the track of the Mobile and Girard Railroad Company, at some point on Ninth street in the city of Columbus, not more than two hundred (200) feet east of Broad street, and running into the yards of the Empire Mills Company, which lies on the west side of Broad street, on the corner of Broad and Ninth streets in said city of Columbus, Georgia. Authority to construct, etc., track connecting with Mobile and Girard Railroad on Ninth street, etc. SEC. II. Be it further enacted, That in constructing said track the sidewalks to be cressed shall be obstructed as little as the proper construction of said track will permit, and the grade of said track shall, as far as practicable, be even with the level of the streets and the grading between the track and on each side the road shall be kept in such condition by the railroad company constructing the same as not to obstruct or impair the streets for the use of private vehicles more than is necessary for a proper construction of said track. Regulations for constructing track. SEC. III. Be it further enacted, That engines and cars-switching on said track shall not occupy the streets continuously, in such way as to obstruct the streets and prevent the

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passage of persons and private and other vehicles, for longer than five minutes continuously. For violation of the same the engineer shall be guilty of a misdemeanor, and punished as prescribed in section 4310 of the Code. Obstruction of streets. Penalty. SEC. IV. Be it further enacted, That should the railroad fail and neglect to maintain the grading as required by this Act, the same may be done by the Mayor of the city of Columbus, ten days after having given written notice of his intention to said Mobile and Girard Railroad Company or its lessees, which notice shall be given to the depot agent of said railroad or its lessees, or to any officer of said railroad or its lessees, and the cost of said work shall be paid by said railroad company to the city, and if not paid within thirty days after notice of amount due to city is served upon said depot agent, then the privileges and franchises herein granted shall be null and void. Failure to maintain grading SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1890. INCORPORATING NORTH GEORGIA RAILWAY COMPANY. No. 85. An Act to incorporate the North Georgia Railway 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 C. D. Smith, William Scruggs, John McFall, Mark. A. Hardin, W. E. Candler, W. J. Kirk, Wm. R. McConnell, E. B. Murray, W. F. Parker, A. Truiuerman, J. E. Brazeale, P. K. McCalley and A. Means, their successors and associates be, and they are, hereby incorporated under the name and style of The North Georgia Railway 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. General powers. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be $100,000.00, divided into shares of $100 each; but a majority of stockholders shall have the power to increase said capital stock,

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from time to time, in such amounts as they may deem proper, to an amount not to exceed $3,000,000.00. The corporation shall have the right to commence business so soon as 10 per cent. of the capital first aforesaid shall have been subscribed, either in money or property. Capital stock. SEC. III. Be it further enacted, That the affairs of the said corporation shall be managed by a Board of Directors, to consist of nine 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 the Board of Directors, so far as it relates to elective officers and heads of departments. The said board shall 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. Directors, officers, etc. By-laws, SEC. IV. Be it further enacted by the authority aforesaid, That the corporation shall have the right and authority to lay out, construct, maintain, equip, and operate a standard gauge line of railroad from the Chattooga river, near Lee's ferry, through the counties of Rabun, Towns, Union and Fannin 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 necessary by its Board of Directors. It may purchase, condemn, or otherwise 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. Motive power. Right of way, etc. 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. Disputed rights of way.

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SEC. VI. Be it further enacted by the authority aforesaid, That the said corporation shall be authorized to construct such branches along its 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 and operating the said branches, as are granted herein for the construction and operation of the main 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 operated as to all such branches as aforesaid. Branches. SEC. VII. Be it further enacted by the authority aforesaid, That the principal office of said corporation shall be located at Hiawassee, in Towns county, but that the Board of Directors shall have power to move the same to other points when deemed expedient. 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 amounts as the 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, privilege, 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 the power to purchase, lease or contract for the use and enjoyment, in whole or in part, of any other railroad chartered, or constructed, lying within or without the limit of this State, whenever the Board of Directors may deem it to the interest of the corporation to do so. It is also further empowered 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 cost thereof, being taken in bonds and stocks of the company as may be agreed upon. It shall also have the authority to consolidate and run its railroad in connection with any other railroad, within or without the limits of this State, to sell or merge its capital stock with any other railroad company; or to lease its franchises, track, rolling stock or other property to any

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other railroad company whenever its Board of Directors may decide that the same be beneficial to the interests of the company; provided , that in all cases of lease, sale, consolidation with other roads, contract with persons or associations for construction and equipment, or any other action which would effect ownership of the road, such action or actions must be first confirmed by a majority of the stockholders, who shall be called together for the purpose by due notice from the proper authorities. Borrowing money, etc. Purchase, lease, etc., of other railroads. Contracts for construction. Consolidation with other railroads, etc. Lease, sale, etc., affecting ownership of road must be confirmed by stockholders. SEC. IX. Be it further enacted by the authority aforesaid, That the said corporation shall be authorized to construct its railroad across, along, or upon any stream of water, watercourse, 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 crossed over or under said railroad, as may be found most expedient for the public good, the consent of the municipal authorities of such town or city having been first obtained therefor. 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 shall also have the right to cross other railroads at a grade level, or be crossed under or over such railroad as may be deemed expedient by the Board of Directors, and the powers and rights set forth in section 5 of this Act shall be applicable thereto. Use of streams, streets, highways, etc. Crossing 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 control the affairs of the company until 10 per cent. of its capital stock shall be subscribed, at which time a majority of the Board of Corporators shall call the stockholders together, after twenty days' notice, who, in convention assembled, either in person or by proxies duly executed, shall proceed to permanently organize the company by the election of nine directors, who, upon their election, shall assume control of the company, in accordance with section 3 of this Act. Temporary control. First meeting of stockholders and permanent organization. SEC. XI. Be it further enacted by the authority aforesaid, That this charter shall continue for the space of thirty years from and after the passage of this Act. Term of charter. SEC. XII. Be it further enacted by the authority aforesaid, That unless at least five miles of said road-bed is graded within three (3) years of the passage of this Act and ready for the cross-ties and iron, then this charter is to become

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void and of no effect, and the rights, franchises and privileges herein granted shall not be subject to sale until at least five miles of said road-bed is ironed and ready for the rolling stock. Unless five miles graded within three years charter void. No sale until five miles completed. SEC. XIII. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to give to said company any authority to take or damage any private property till just and adequate compensation be first paid. Nor shall said company sell, lease, assign or transfer any of its own rights, powers, privileges or franchises; nor shall it take by sale, lease, assignment or transfer any of the rights, powers, privileges or franchises of any other railroad company which may have the effect to defeat or lessen competition. Compensation for private property taken or damaged. No sale, lease, etc., so as to affect competition. SEC. XIV. 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 December 22, 1890. INCORPORATING NORTH HIGHLANDS RAILROAD COMPANY. No. 98. An Act to incorporate North Highlands 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 Samuel A. Carter, E. J. Rankin, J. B. Holst, T. F. Smith, R. A. Carson, D. P. Dozier, and Rhodes Browne and such other persons, as they may associate with them, their successors and assigns, be, and they are, hereby created a body politic and corporate under the name and style of North Highlands Railroad Company, and under such name to have continuous succession, with power to sue and be sued, plead and be impleaded in any and all of the courts of this State; to have and use a corporate seal and change the same at pleasure; to receive, hold, use, enjoy and dispose of all such real and personal property as may be essential to or promote the objects and interests of said company, together with such other powers as are herein conferred, as well as all general powers incident to like corporations and conferred thereon by the laws of this State. Corporators. Corporate name. General powers. SEC. II. Be it further enacted by the authority aforesaid, That said company be, and it is, hereby authorized and empowered

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to survey, lay out, construct and equip, maintain and operate a railroad for the transportation of freight and passengers from a point in Muscogee county, at or near the south line of the city of Columbus, extending thence north along, through and over the streets of said city to a point in Muscogee county, on or near the Chattahoochee river, not more than five miles north of the northern boundary line of said city, and to such points within the city of Columbus, and over any street in said city on which is not located another street railroad, and over the unoccupied portion of any street in the city of Columbus on which may be located the line of another street railroad, as it may choose, the consent of the municipal authorities first being had to the use of the streets within said city, and to such other points in the county of Muscogee, within a radius of five miles in any direction from the corporate limits of said city of Columbus, as may be hereafter determined by said company, with power, when deemed necessary, to change the location and extend its line of road. The said company shall be required to grade the streets over which it passes and make said streets level with the track; said company shall have the right to charge reasonable passenger fares and freight tariff subject to the approval of the Mayor and Aldermen of said city; provided , that said North Highlands Railroad Company shall not be authorized to parallel on the same street any other railroad now located in said city more than one block at any one point, nor shall any other railroad be allowed to parallel said North Highlands Railroad, whenever its track be located, established and constructed, more than one block on the same street at the same point, unless consent of the Mayor and Council is first hereafter obtained by ordinance after due notice by publication; provided , that the said consent of the City Council and Mayor shall apply to both of said railroads. Route, etc. Right to parallel other railroad on city streets etc. SEC. III. Be it further enacted by the authority aforesaid, That for the purpose of constructing, maintaining and operating its said lines of railroad, the said company is hereby empowered to cause such examinations and surveys to be made of the proposed lines and branches as shall be necessary to the selection of the most advantageous route or routes, and for that purpose is hereby authorized and empowered by its officers, agents, servants or employees to enter upon the land of any person; to acquire by gift or purchase real estate or other property for the construction, maintenance and accommodation of said railroad; to hold and use such real estate and other property useful for the same, and for stations, connections with other railroads, terminal

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facilities and all other accommodations necessary to accomplish the objects of this incorporation, and to acquire, lease, buy, mortgage and dispose of all lands necessary or convenient for its use; to lay out its line of railroad along and over the streets of the city of Columbus, the consent of the municipal authorities being thereto first obtained, and on a right-of-way (outside of the city of Columbus) not exceeding two hundred feet in width, and for the purpose of cutting and filling, for obtaining gravel and material, to take as much land as may be necessary for proper construction and security of said railroad, and to remove trees and other obstructions on the right-of-way and road, making compensation therefor in the manner prescribed in this Act; to construct its railroad across, along and upon, and to use any water-course, street, highway or canal, and along or across any other railroad which the routes of its railroad shall intersect or touch, and whenever the track of its road shall touch, intersect or cross any road, highway or street, or any other railroad track, it may be carried over, under or across the same at grade level, otherwise, as may be found most expedient and as it shall determine; to cross, intersect, join or unite its railroad with any railroad heretofore or hereafter constructed at any point on its route, or upon the ground of any other railroad company, with the necessary turnouts, sidings and switches and other conveniencies necessary in the construction of the railroad, and may run over the right-of-way of any other railroad to its freight or passenger depot, or general or union depot in the city of Columbus; to take and convey persons and all manner of property over their railroad and receive compensation therefor, and to do all things necessary or incident to a railroad business; to propel its engines and cars by the use of steam, electricity, animals or any mechanical or other motive power; to erect and maintain convenient buildings, station-houses, fixtures and machinery, whether within or without the city of Columbus, for the accommodation and use of its passenger and freight business; to borrow money and issue bonds, notes or other evidences of indebtedness therefor, and secure the same by mortgage upon a deed of trust to any or all of its property, assets and franchises. Examinations and surveys. Acquisition of property Right of way. Use of water-course, streets, railroads, etc. Crossings of and connections with other railroads, etc. Motive power, etc. Borrowing money, etc. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said corporation shall be fifty thousand dollars, divided into shares of one hundred dollars each, with privilege to increase the same to two hundred thousand dollars, or to any sum less than two hundred thousand dollars, by a majority vote of its stockholders, and said corporation may organize and commence business when

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twenty thousand dollars of stock shall have been subscribed, and ten per cent. thereof shall have been paid in. Capital stock. SEC. V. Be it further enacted by the authority aforesaid, That books of subscription may be opened by the Board of Directors in the city of Columbus, and subscriptions to the capital stock of said company may be made in the form of a general contract or promissory note or other form which may be selected, or paid in cost, work, material, equipment or property of any kind, under the direction and in the discretion of the Board of Directors, and certificates of stock shall be issued to the person so paying, on the basis of one share for every hundred dollars so paid, but no certificate shall be issued for less than one share; but nothing in this Act shall be so construed as to render invalid, illegal or less binding any subscription made to or contract made with said North Highlands Railroad Company, as incorporated under the laws of this State. This Act is intended and made as ancillary to all the rights, powers and privileges conferred on said North Highlands Railroad Company by virtue of its previous incorporation under the general laws of this State provided for the incorporation of railroad companies; the powers herein conferred, when not conferred by the general law under which it was incorporated, are additional and enlarged powers, and all changes made herein from those general laws under which its certificate of incorporation was received are to be construed as amendments to its said chartered rights and privileges, and all grants and confirmations in this Act of the same privileges, as exist by general laws under which said company received a certificate from the Secretary of State, are intended as a legislative grant of the same. Books of subscription, etc. Certificates of stock. This act ancillary to previous incorporation under general law. 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, docks, wharves and other appurtenances are desired to be located, cannot agree on the amount to be paid by the company for the right of way or title to the land desired, then, notwithstanding the disagreement, it shall and may be lawful for said company to construct its railroad over any land belonging to other persons or corporations, and across the rights of way and tracks of other railroads, upon paying or tendering to the owner thereof, or to his, her or their authorized representative, just and reasonable compensation for the right of way or needed land, which compensation, when not agreed on, shall be fixed and determined in the following manner: The company shall choose one person, a

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citizen of this State, as its assessor; the person or corporation owning the land or right of way over and on which it is sought to build or construct such railroad, may choose another citizen as an assessor. If the person or persons owning such land or right of way shall fail or refuse to choose an assessor, or shall be a minor, lunatic, idiot, or other person laboring under a disqualification in law, without a legal representative, it shall be, and is, hereby made the duty of the Ordinary of the county in which is located such land or right of way to make the selection of assessor for the owner; provided , that the company shall give notice to the Ordinary that the owner fails or refuses to make selection of an assessor, or that he or she has no legal representative and is a minor, lunatic, idiot, or is otherwise disqualified in law from making such selection. The two assessors thus selected shall make a choice of a third assessor; the three thus selected shall be sworn, before an officer authorized to administer an oath, to do justice between the parties, and after hearing all competent evidence offered by either party, touching the benefits as well as the damages that will result to the owner from the location of the railroad on such land or right of way, or on such track, or from the condemnation of the land sought to be obtained by the railroad company, the said assessors or a majority of them shall assess the damages to be paid by the railroad company, or value the property sought to be condemned, as the case may be. This award shall be made in writing, shall specify the amount to be paid, and designate the right of way or the property so condemned, and when made, shall, within ten days thereafter, be filed in the office of the Clerk of the Superior Court of the county in which the land lies, over which a right of way is sought, or which is sought to be condemned. The Clerk shall receive, file and record the award in his office, and it shall; if not appealed from, have the force and effect of a judgment of the Superior Court. Either party dissatisfied with the award shall have the right of appeal to the Superior Court by giving written notice to the other party within ten days after said award has been filed, and entering an appeal in writing to the Superior Court. In case the owner of the land is under disability, as provided in this section, and without a legal representation, the Ordinary may give the notice for such disabled person, and in the same manner, notice in a similar case may be given to the Ordinary where the company may enter an appeal, and issue shall be made on such appeal and tried in the Superior Court as cases at common law, with right to either party to except and carry same before Supreme Court. The entering

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an appeal shall in no case hinder or delay the construction and building the railroad, or the erection of the buildings, etc., on said land or right of way, but the same may proceed from the time such condemnation proceedings are begun. If the appeal is entered by the railroad company, they shall give bond with security for the payment of the amount adjudged on the final hearing. Should no appeal be entered within ten days, and the company fail or refuse to pay the amount of the award, then the Clerk shall, on application of the owner or Ordinary where he is authorized to act, issue execution on said award, and proceedings shall be had thereon as in cases of judgments and executions in the Superior Court. All sums collected by the Ordinary for persons unrepresented and laboring under any of the disabilities contemplated shall be held by him for the use of such person, and he shall cause proper legal representatives of such person to be made, and the amount recovered shall be held and treated as a part of the estate of such disabled person, and in all cases the right of way or title to the property condemned shall vest and remain in the said company according to the terms of the award. Disputed rights of way, etc. Appeal. In case no appeal entered. Sums collected for persons under disability etc. SEC. VII. Be it further enacted by the authority aforesaid, That the principal office of said company shall be in the city of Columbus, Muscogee county, Georgia, but the said company shall have the power and authority to establish such other or branch offices as it may deem expedient and proper. 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 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 it may determine, and to secure the payment of the principal and interest of said bonds by mortgages or deeds of trust of its railroad, real and personal property, franchises and all other rights of property; also, to make and issue preferred stock and give preference in the payment of dividends, as may best subserve the purposes and interests of said company. 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 seven directors, who shall be elected annually by the stockholders, a majority of which board shall be residents of this State; but no person shall be a director who is not a stockholder in said company. The first election shall be held by the stockholders at their regular meeting in the year 1891, at such time and place as may be prescribed by the by-laws of the company. In all meetings of the stockholders each stockholder shall be entitled to

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as many votes as shares owned by him or her. All elections shall be by ballot, and the votes cast in person, or by proxy duly given in writing. Under the organization had by virtue of the certificate of incorporation under existing laws, the following persons were chosen as directors to serve until the annual meeting of stockholders in 1891, and they are hereby appointed and authorized to act as directors of said company until the annual meeting of the stockholders in 1891, and until their successors are elected, to-wit: Samuel A. Carter, E. J. Rankin, J. B. Holst, T. F. Smith, R. A. Carson, D. P. Dozier and Rhodes Browne, with all the powers conferred by this Act and by the by-laws of the company. The Board of Directors of said company shall have power to fill all vacancies which may occur in said board between the annual elections by stockholders, but the board shall have the authority, in their discretion, if they deem best, after the passage of this Act, to call a meeting of stockholders, at any time before the annual meeting in 1891, for the election of a new Board of Directors, to serve until such annual meeting. Directors First meeting of stockholders. Votes of stockholders. Elections. Provisional directors. Vacancies. Called meeting of stockholders to elect temporary directors. SEC. X. Be it further enacted by the authority aforesaid, That the present and all future Boards of Directors shall elect from their number a president of said railroad company, and to elect or appoint such other officers, agents and employees as they may deem necessary and proper to carry on the business of said company. The president and Board of Directors shall have power to conduct and control all the business and affairs of the company, except as to matters expressly ordered otherwise by the stockholders, to make all contracts, fix salaries, to regulate the time and manner in which passengers and freight shall be transported, to fix and receive compensation therefor, call in and demand payment of subscription, in installments or as they may deem proper. The directors shall have power to adopt a corporate seal, make by-laws and regulations, and declare dividends, but the stockholders shall have power to regulate and limit the powers of the board and modify and change the by-laws. Officers and their powers. SEC. XI. Be it further enacted by the authority aforesaid, That the stock in said company shall only be transferable on the books of the company, under regulations to be prescribed in the by-laws, but no share shall be transferred until the sum of one hundred dollars shall have been paid thereon to the company. Transfer of stock. SEC. 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,

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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 for debts of corporation. SEC. XIII. Be it further enacted by the authority aforesaid, That this Act of incorporation shall continue and be in force for the term of fifty years. Term of charter. SEC. XIV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. RELIEVING LEXINGTON TERMINAL RAILROAD COMPANY FROM PENALTY FOR FAILURE TO PAY TAXES. No. 99. An Act to relieve Lexington Terminal Railroad Company of the penalty incurred on account of failure to pay taxes due the State on October the 1st, 1890, under provisions of an Act approved September the 17th, 1889. SECTION I. Be it enacted by the General Assembly of this State, That the Lexington Terminal Railroad Company is hereby relieved from the payment of the penalty incurred on account of failure to pay taxes due the State on October the 1st, 1890, under and by virtue of an Act approved September the 17th, 1889, and that the Comptroller-General be authorized and required to cancel the execution issued therefor, upon payment of the cost incurred in issuing the same. Relieved from penalty for failure to pay tax of 1890. SEC. II Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 24, 1890.

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INCORPORATING BRUNSWICK AND ST. SIMON'S RAILWAY COMPANY. No. 104. An Act to incorporate the Brunswick and St. Simon's Railway Company, and for other purposes. SECTION I. The General Assembly of Georgia enact that James B. Scott, Jacob E. Dost, Rutledge Holmes and Stewart Johnson, all of said State, their associates, successors and assigns, are hereby created and constituted a body corporate under the name and style of the Brunswick and St. Simon's Railway Company, for the term of thirty years, and by that name shall have the right and be capable to sue and be sued; to have and use a common seal, and alter, change and destroy the same at pleasure; to make, alter and repeal any by-laws not repugnant to the laws of this State or the United States; to acquire by gift, lease or purchase, any property, real, personal or mixed, and hold and dispose of the same at pleasure, and generally to do any and all acts not inconsistent with the laws of this State or the United States for successfully carrying the objects of this Act into full force and effect. Corporators. Corporate name and term. General powers. SEC. II. Be it further enacted, That the capital stock of said company shall be two hundred and fifty thousand dollars, with the right to increase the same, from time to time, to an amount not exceeding one million dollars, to be divided into shares of one hundred dollars each. Capital stock. SEC. III. Be it further enacted, That said company shall have the right to organize and commence operations under this Act, when ten per cent. of the capital stock shall have been paid in. When business may begin. SEC. IV. Be it further enacted, That the incorporators, 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 subscribed in money or its equivalent, to be determined and accepted by the Board of Directors hereinafter named, if said directors deem best to accept any other thing of value in lieu of said money. Stock subscriptions. SEC. V. Be it further enacted, That at the first meeting of the subscribers to said stock, to be collected 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 four nor more than eleven shall be selected from the stockholders

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for the term of one year and until their successors are elected. Such directors shall select from their number a president and vice-president of said company. They shall also have the power to select and appoint any and all such other officers, agents and employees of said company, as they may deem proper, and determine the amount of their compensation, and they shall manage and control the affairs and business of said company, declare and pay dividends when earned, and generally supervise and control the interests of said company. There shall also be an annual meeting of the stockholders of said company at its principal office, at which time a Board of Directors, as aforesaid, shall be elected for one year and until their successors are elected. At all such meetings a majority of the stockholders present, in person or by written proxy, shall constitute a quorum, but no person not a stockholder shall be capable of holding such proxy. At a meeting of the directors, a majority of the directors shall constitute a quorum, and whenever a director shall cease to be a stockholder in said company, his office shall thereupon be vacant, and the Board of Directors shall have the power to fill his place, or any other vacancy in the Board of Directors which may occur, until the meeting of the stockholders held next thereafter, and until such directors are elected as aforesaid the incorporators hereof, or a majority of them, shall exercise all the powers of said directors. First meeting of stockholders. Directors and officers Annual meetings of stockholders, etc. Vacancies. Provisional directors. SEC. VI. Be it further enacted, That said company shall have full power to survey, lay out, locate, build, construct, equip and operate a railroad from and in the city of Brunswick to St. Simon's Island and to any point or points thereon, in the county of Glynn and State of Georgia, and to carry passengers and freight thereon, and charge and collect toll therefor. The right-of-way of said road shall not be over two hundred feet in width, except where it may be necessary for its side-tracks, switches, depots and other necessary buildings. Route, etc. Right of way. SEC. VII. Be it further enacted, That section 1689(1) of the Code of this State, edition of 1882, is hereby made a part of, and incorporated with this Act, and all the powers therein mentioned may be exercised by this company. Disputed rights of way. SEC. VIII. Be it further enacted, That the principal office of said company shall be in the city of Brunswick, aforesaid. Principal office. SEC. IX. Be it further enacted, That said company shall have full power and authority to survey, lay out, locate, construct, equip and operate a branch road or roads from and to such main line as it may deem advisable. Branches.

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SEC. X. Be it further, enacted, That said company shall also have full power to borrow money at such times and on such terms as it may think best, and secure the payment of the same by mortgage deed or deed of trust, upon any or all or part of its property and franchises and rights, generally, or by means of bonds, or otherwise, and to do any and all things necessary to fully secure the payment of said money so borrowed. Borrowing money, etc. SEC. XI. Be it further enacted, That nothing in this charter shall be construed to allow or authorize said company to take or damage any private property until just and adequate compensation be first paid. Nor shall said company have the right to sell, lease, or otherwise dispose of any of its rights, privileges, franchises or powers so as to defeat or lessen competition or create monopoly. May not take or damage private property without compensation. Nor sell, lease, etc., so as to affect competition. SEC. XII. Be it further enacted by the authority aforesaid, That all the rights, powers and privileges granted by this Act, shall lapse and become valid unless said company shall in good faith begin to construct and operate said railroad within five years from the passage of this Act. Unless construction and operation begun in five years charter void. SEC. XIII. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. AMENDING CHARTER SAVANNAH AND ISLE OF HOPE RAILWAY COMPANY. No. 116. An Act to amend an Act to incorporate the Savannah and Isle of Hope Railway Company, and for other purposes connected therewith, approved November 13, 1889, by striking from the 3d section thereof the word and, in the thirteenth line of said section, between the words Bay and Mills, and by adding to the names of the streets named in said section, the streets, Williams, South Broad, Wheaton, Waters' Road, and other streets, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by the authority of the same, That from and after the passage of this Act, section 3 of an Act entitled an Act to incorporate the Savannah and Isle of Hope Railway Company, and for other purposes connected therewith, approved November 13, 1889, be, and the same is, hereby amended, by striking from said section the

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word and, in the thirteenth line of said section, between the words Bay and Mills, and by adding to the said section after the word Mills, in the thirteenth line thereof, the following words, to-wit: Williams and South Broad; and after the word streets, in the thirteenth line of said section the following words, to-wit: Wheaton street to Waters' Road, Waters' Road to a point near Estill avenue, and such other street or streets in the city of Savannah as the Mayor and Aldermen of said city may consent for said Savannah and Isle of Hope Railway Company to construct and equip its road through, so that when section, so amended, shall read as follows: Privilege to use additional streets. Section 3. Be it further enacted, That 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 as 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, Twelfth. New Houston, and through South Avenue, Estelle Avenue, Waters' Road, Lovers' Lane, and through Anderson, Price, Broughton, West Broad, Bay, Mills, Williams and South Broad streets, Wheaton street to Waters' Road, Waters' Road to a point near Estill Avenue, and such other street or streets in the city of Savannah as the Mayor and Aldermen of said city may consent for said Savannah and Isle of Hope Railway Company to construct and equip its road through, on such terms and conditions as may be consented to by the City Council of Savannah 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

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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. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved December 24, 1890. AUTHORIZING MANCHESTER AND AUGUSTA RAILROAD COMPANY TO CONSTRUCT RAILROAD IN GEORGIA, ETC. No. 120. An Act to authorize the Manchester and Augusta Railroad Company, a railroad corporation chartered by the laws of the State of South Carolina, to construct its railroad from its terminus in South Carolina to and into this State, to some point in or near the city of Augusta, and through the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Manchester and Augusta Railroad Company, a corporation duly chartered by the laws of the State of South Carolina be, and the same is, hereby authorized to construct its railroad from the point of its terminus in South Carolina, from or near Hamburg in said State, across the Savannah river into the State of Georgia, so that the same may be extended, constructed, maintained and operated to and into the city of Augusta, and through the city of Augusta to some point beyond the limits of said city of Augusta, not exceeding ten miles from said city, where proper and suitable connections may be made with other railroads; provided , that the provisions of this Act so far as it relates to the entrance of said road into the city of Augusta, and its passage through said city shall not become operative until the City Council shall have consented thereto. Authorizing construction into and operation in Georgia. Consent of municipal authorities of Augusta. SEC. II. Be it further enacted, That the said Manchester and Augusta Railroad Company is hereby made a corporation

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in the State of Georgia, and by such name shall have in this State all the powers, rights and privileges, prescribed and given, and be subject to all of the duties prescribed and provided in an Act approved September 27, 1881, entitled an Act to provide a general law for the incorporation of railroads, and to regulate the same, and to all laws passed since the passage of said Act, amending the said Act, where the same are applicable. Made a Georgia corporation. SEC. III. Be it further enacted, That the corporation hereby created shall continue, and may hold, exercise and enjoy all the rights, powers, privileges and franchises granted by this Act, for and during the term of thirty (30) years. Term of charter. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 24, 1890. INCORPORATING CAPITAL RAILWAY COMPANY. No. 134. An Act to incorporate the Capital 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 Henry Y. McCord, Shepherd F. Chapman, L. Craig, J. C. Carter and Frank Carter 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 Capital Railway Company. Corporators. Corporate name. SEC. II. 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 or over the following streets in Atlanta, to-wit: Marietta, Broad and Mitchell streets, Capitol avenue, from Mitchell street to Jones street, and Jones and Connolly streets, and along such other streets as it may desire. Route. SEC. III. 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

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herein mentioned, it shall first obtain the assent of the authorities therein having charge of roads, respectively. Consent of municipal authorities to be obtained. SEC. IV. Be it further enacted, That said corporation shall also have power and authority from time to time to survey, lay out, construct and equip, use and enjoy such other routes or lines of railroad in the city of Atlanta, and in the counties of Fulton, DeKalb, Campbell and Cobb, in addition to those especially named in this Act, as it may desire, and to extend any or all of those named, 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 Atlanta, the consent of the proper authorities of said city. Said company shall have all powers granted in section 1689(l) of the Code of 1882; provided , that nothing in this Act shall be construed to authorize said company to take or damage any private property till just and adequate compensation be first paid. Additional lines. Consent therefor. Disputed rights of way. SEC. V. Be it further enacted, That this corporation if hereby granted all the rights, powers, franchises and privileges heretofore granted to the Metropolitan Street Railway 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 (2), five (5), six (6), eight (8) and nine (9) are hereby made a part of the charter of the Capital Railway Company. Given rights granted to Metropolitan Street Railroad Company in Act of Dec. 12, 1882. SEC. VI. 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, part of which may be issued as preferred stock. Said capital stock may be increased from time to time, to any sum not exceeding one 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 a meeting called for that purpose. But said corporation may organize and commence business wherever the sum of ten thousand dollars is subscribed, and this charter to remain of force, for and during the period of fifty years, with the privilege of renewal at the expiration of said period. Capital stock. Organization and beginning business. Term of charter. SEC. VII. Be it further enacted, That said corporation shall have the right to use in the running of its trains, animal, electric, steam and all other mechanical powers now known or hereafter discovered, any one or more. Motive power

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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. First board of directors SEC. IX. Be it further enacted, That the rights, powers and privileges herein granted shall cease to be of force and effect unless three miles of road is built, and in running order within two 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; provided , that nothing in this Act shall authorize said company to sell, lease or otherwise dispose of any of its rights, powers, or privileges so as to defeat or lessen competition or create monopoly. Unless three miles built in two years charter void. Charter not transferable until five miles completed. No sale, lease, etc. so as to affect competition. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. INCORPORATING RICHLAND, GULF AND NORTHERN RAILROAD COMPANY. No. 135. An Act to incorporate the Richland, Gulf and Northern Railroad Company; to define its powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That D..B. Harrell, T. A. H. Meyer, E. J. Prothro, John D. Harrell, J. J. Beck, S. H. Hawkins, E. W. Miller and their associates and successors be, and are, hereby incorporated under the name and style of the Richland, Gulf and Northern Railroad Company, with power to sue and be sued, plead and impleaded, contract and be contracted with, to establish and use a common seal, and to make and ordain such by-laws as may be necessary for the government of the business of said corporation not inconsistent with the Constitution and laws of this State. Corporators. Corporate name. General powers. SEC. II. And be it further enacted by the authority of the same, The capital stock of said corporation shall be one million dollars, divided into shares of one hundred dollars each, and its affairs shall be managed by a Board of Directors of such number, and selected, as may be prescribed by the by-laws, who shall have power to elect a president and

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such other officers as may be necessary to carry on the business of said company. They shall have authority to build, equip and operate a railroad from such point on the line of Florida and this State, in the county of Thomas or Decatur, as they may elect, in as direct and practical line as they may determine upon, through or near the town of Richland, in Stewart county, to Atlanta, or some point on the Western and Atlantic Railroad; and for this purpose they shall have power to issue stock and bonds; to secure the same by mortgage or deed of trust; to borrow money; to purchase, hold or own such real and personal property as may be necessary; to acquire such right-of-way, not exceeding two hundred feet, except in the vicinity of depots or terminal points, and to have all the rights, powers, privileges and franchises mentioned and contained in the Act approved September 27, 1881, commonly known as the General Railroad Incorporation Act, codified in the Code of 1882, and the amendments thereto, as if in this Act fully set out at large. They shall have power to condemn land, terminal points, railway crossings, to the same extent and for the same purposes as mentioned in said Act and the amendments thereto, and all the powers therein given shall be exercised by said corporation in the manner therein presented; provided , that no property condemned undor the provisions of this Act shall be taken until just compensation for the same shall have been first paid. Capital stock. Officers. Route. Stock, bonds, mortgages, etc. Right of way, etc. SEC. III. And be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved December 26, 1890. INCORPORATING CEDARTOWN STREET RAILROAD COMPANY. No. 142. An Act to incorporate the Cedartown Street Railroad Company. SECTION I. Be it enacted by the General Assembly of Georgia, That J. H. Allen, George E. Billingsley, Joel Branham, J. J. Seay, and such others as they may associate with them, and their successors and assigns, be, and they are, hereby declared a body politic and corporate by the name and style of the Cedartown Street Railroad Company, and in and by that name may sue and be sued in the

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courts of this and other States and of the United States; may have and use a common seal; purchase, hold, accept, enjoy and convey any property, real or personal, that may be necessary or incidental to the business of the company, or which they may acquire in the course of their business. Corporators. Corporate name. General powers. SEC. II. That said company shall have power and authority to survey, construct, equip, use and employ street railroads in the city of Cedartown and in the county of Polk, the consent of said city having been already obtained, from the depot, and from any point in the vicinity thereof, of the Chattanooga, Rome and Columbus Railroad Company, through the following streets of said city, to-wit: Gibson, Main, Pryor, College and West to the depot, and to any point in the vicinity thereof, of the East and West Railroad Company; and shall also have power and authority to survey, construct, use and employ street railroads through any and all other streets in said city and through any and all future extensions of such street, or any of them, with the consent of the mayor and council thereof; and shall also have power and authority to build, extend and operate its roads as much as five miles beyond the corporate limits of the city of Cedartown, along any public road, with the consent of the Board of Commissioners of Roads and Revenues of said county, and in any street of any town or company adjacent to said city, provided the consent of the public authorities having control of said street is first obtained, and the consent of said company is first obtained, or the right-of-way condemned as hereinafter provided; and shall also have power and authority to build, construct and operate its road over any land outside of the corporate limits of said city, not occupied by buildings, and within the limits above named, with the consent of the owner thereof, or provided just and adequate compensation is first paid to him, or them, and provided further that the right-of-way thereon shall not exceed fifty feet in width. Route, etc. Width of right of way. SEC. III. That all disputed rights-of-way may be acquired by said company as provided by section 1689(l) of the Code of Georgia of 1882, and all the provisions of said section shall be held, taken and considered as a part of this Act, so far as the same may be applicable; provided , no private property shall be taken or damaged without just and adequate compensation has been first paid. Disputed right of way. SEC. IV. The capital stock of said company may be one hundred thousand dollars, if the business of the company should hereafter require it, but the company may begin business when ten thousand dollars has been subscribed and ten per cent. thereof actually paid in. Books of subscription may

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be opened at any time for the subscription of said stock or any part thereof. Said stock shall be divided into shares of one hundred dollars each, and may be issued and transferred in such manner and upon such terms and conditions as the Board of Directors of said company may determine. Each share of stock shall be entitled to one vote in all elections and meetings held by the stockholders. Capital stock. Right to begin business when. Stock subscriptions, etc. SEC. V. The corporate powers of said company shall be vested in and exercised by a Board of Directors and such officers and agents as such board may appoint. Said Board of Directors shall consist of five members, who shall be stockholders in said company, the first Board of Directors to be elected at such time and in such manner as said corporators, or a majority of them, may determine, and thereafter at the annual meetings of the stockholders of said company. All Boards of Directors and other officers shall hold their offices until their successors are elected and qualified, and said board may fill any vacancy therein that may occur by death, resignation or otherwise. They may also adopt such by-laws, rules and regulations for the government of the company and the management of its business as they may think proper, not inconsistent with the laws of this State and of the United States. Officers, their powers, etc. SEC. VI. The said company may hold and own any real estate that may be purchased by or conveyed to it for stations, park or other purposes strictly consistent with the objects of this charter in or near the line of their road. Right to hold and own realty. SEC. VII. That said company may use, as motive power for their cars, horses, electricity, underground cables driven by steam, motors commonly called dummy engines, propelled by steam, or other motor or appliance that may be hereafter invented or that may be adapted to the purpose. Motive power. SEC. VIII. That the president and directors of said company are hereby authorized to borrow money, issue bonds and mortgage its property and franchise to secure the payment of said bonds, upon such terms and conditions as they may see proper. Borrowing money, etc. SEC. IX. That said company may charge and collect reasonable tolls and fares for the transportation of passengers and freight over its lines. Tolls and fares. SEC. X. That one mile of the road herein chartered shall be constructed and equipped in three years from the passage of this Act, and on failure thereof this charter shall cease, and there shall be no sale or assignment of this charter, or any privilege herein, until $1,000 of the capital stock shall be paid in and expended on construction of the road. One mile must be built and equipped in three years or charter void. No sale or transfer until $1,000 capital stock paid in and expended.

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SEC. XI. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. RELIEVING GAINESVILLE AND HALL COUNTY STREET RAILROAD COMPANY FROM PENALTY FOR FAILURE TO PAY TAXES. No. 144. An Act to relieve the Gainesville and Hall County Street Railroad Company from the penalty provided by the Act approved September 17, 1889. WHEREAS, The Gainesville and Hall County Street Railroad Company paid the taxes due on its property to the State of Georgia within three days after the time provided for its payment by the above recited Act; and Preamble. WHEREAS, Its failure to pay the same by the first day of October, as provided by said Act, was the result of inadvertence and mistake; SECTION I. Therefore be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Gainesville and Hall County Street Railroad Company be relieved from the payment of the penalty provided by an Act to prescribe and fix a penalty upon all railroad companies of this State which failed to pay the State the tax due by said railroad company by the first day of October in each year, passed on the 17th day of September, 1889. Relieved from penalty for failure to pay taxes. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890.

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AMENDING CHARTER METROPOLITAN RAILROAD COMPANY. No. 146. An Act to amend an Act to incorporate the Metropolitan Street Railroad Company and define its rights, powers and privileges, and for other purposes, approved December 12, 1882, so as to give said company power to extend and operate its road into Cobb and DeKalb county, and to increase its capital stock to any amount not exceeding one million dollars, and to buy the property, franchise and roads of other street railroad companies, or to sell its road, property and franchises to other companies or to unite with the same, and in such event to authorize it to take the name of the Consolidated Street Railroad Company of Atlanta. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That 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, be, and the same is, hereby amended as follows: The said company is authorized to extend and operate its road in any part of Dekalb and Cobb counties with all the rights, powers, privileges and immunities granted in the original charter, and to increase its capital stock to any amount not exceeding one million dollars, and to sell its railroad property and franchises to any other company, or to purchase the railroad property and franchise of any other company, or to unite with the same, and in such event it shall have power to change its name to the Consolidated Street Railroad Company of Atlanta; provided , that nothing in this Act contained shall authorize said company to make any contract or agreement which may have the effect, or be intended to have the effect, to defeat or lessen competition or to encourage monopoly. Extension authorized. Increase of capital stock. Sale to or purchase of etc., other railroads. But not so as to affect competition. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act are hereby repealed. Approved December 26, 1891.

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EXTENDING CHARTER OF WESTERN AND ATLANTIC RAILROAD COMPANY. No. 150. An Act to extend the charter of the Western and Atlantic Railroad Company for purposes of litigation. SECTION I. Be it enacted by the General Assembly of Georgia, That the charter of the Western and Atlantic Railroad Company, approved October 24, 1870, shall be continued of full force and effect as to such suits and litigation as may be pending against it at the time of its expiration as though such expiration had not occurred and the assets of the company shall be subject to such final judgment as may be recovered in such litigation, and the Western and Atlantic Railroad Company is empowered to make any and all the defences to such litigation as it might have made before such expiration, that nothing in this Act shall be construed to extend the existence of said corporation for any other purpose than that of continuing till its close the litigation referred to in this section. Charter extended for purposes of pending litigation only. SEC. IV. Be it enacted further, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. AMENDING CHARTER ABBEVILLE AND WAYCROSS RAILROAD COMPANY. No. 151. An Act to amend the charter of the Abbeville and Waycross Railroad Company, so as to authorize and empower said company to extend the line of its railroad in a northwesterly direction into the county of Houston or the county of Bibb, and in a southeasterly direction through the town of DuPont, county of Clinch, to the Florida line; 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 Abbeville and Waycross Railroad Company be, and it is, hereby authorized and empowered to extend the line of its railroad from a point in or near the

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town of Abbeville, in the county of Wilcox, in a northwesterly direction over such route, and through such counties in this State, as the Board of Directors of said company may deem best, into the county of Houston to the city of Fort Valley or Perry, or into the county of Bibb to the city of Macon; and it is also authorized and empowered to change or alter the route, as authorized by its original charter, from any point on its route between Abbeville and Waycross, and to extend the same through the counties of Wilcox, Irwin, Coffee and Clinch, to and through the town of DuPont and through the county of Echols to the Florida line; provided , that the route selected by the directors shall be as direct a route as practicable between the points named, and that the general direction and location of the road to be constructed shall be at least ten miles from the line of any railroad constructed between the said terminal points. Extensions authorized. Changes of route. General direction and location as to other railroad. SEC. II. Be it further enacted by the authority aforesaid, That the charter of said Abbeville and Waycross Railroad Company be, and it is, hereby amended, so as to allow the number of directors of said company to be increased or decreased by the stockholders of said company; provided , that the number of said directors shall not be less than five nor more than thirteen. Changes in number of directors. SEC. III. Be it further enacted by authority of the same, That all laws or parts of laws in conflict with this Act be, and are, hereby repealed. Approved December 26, 1890. INCORPORATING ATHENS AND CORNELIA RAILROAD COMPANY. No. 152. An Act to incorporate the Athens and Cornelia Railroad Company; to define its powers, rights and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Rufus K. Rease, J. H. Rucker, Asbury H. Hodjson, H. L. Smith and Peter King, their associates, successors and assigns be, and they are hereby incorporated and made a body politic and corporate, under the name and style of the Athens and Cornelia Railroad Company, and as such may sue and sued, plead and be impleaded in any

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court in this State; may have and use a common seal, and may purchase, accept, hold and convey any property, real, personal or mixed; may make contracts, issue bonds, make by-laws, appoint or elect all necessary officers, prescribe their duties, and do all lawful acts, and have all other lawful powers, incident to and connected with the objects of said company, and such as are necessary for the regulations and transaction of its business. Corporators. Corporate name. General powers. SEC. II. That the capital stock of said company shall or may be one million dollars, divided into shares of one hundred dollars each, but may be increased or diminished as said company may determine. Capital stock. SEC. III. That said incorporators may open books and procure subscriptions to the capital stock of said company, and that the orgonization and election of officers of said company, may be perfected and had as soon as twenty-five thousand dollars of said stock is subscribed. Stock subscriptions. Organization. SEC. IV. That said company be authorized to construct and operate a railroad from a point in or near the city of Athens in Clarke county to a point in or near the village of Cornelia in Habersham county in this State. Route. SEC. V. That said company shall have all the powers granted in section 1689(l) of the Code of 1882; provided , that it shall not have the power to take or damage any private property till just and adequate compensation be first paid; provided further , that said company shall not have the right to sell or otherwise dispose of any of its rights, properties, powers, or franchises so as to defeat or lessen competion or create monopoly. Rights of way, etc. May not sell, etc., so as to affect competition. SEC. VI. That said company be authorized to appropriate all lands and material necessary for the construction of said railroad, and make all contracts necessary therefor, first making just and proper compensation for the same according to the plan above set forth; and be further authorized to receive donations of right-of-way, or other valuable lands or material needed in the building of said road, or necessary for carrying out the objects of the incorporation of said company. Property rights, etc. SEC. VII. That said company be authorized to build said line through the counties of Clarke, Jackson, Madison, Franklin, Banks and Habersham, through all or either of said counties. Counties which may be traversed. SEC. VIII. That the corporators named in this Act shall be ex officio directors of said road until others shall be elected under the organization herein provided for. First directors. SEC. IX. That this charter shall continue in force for the term of fifty years with the privilege of renewal at the expiration

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of said term; provided , that if no organization is had, and no steps taken under this charter to lay out and construct said road within five years from the date hereof, then said charter shall be deemed forfeited. Term of charter. Organization and beginning business in five years or charter void. SEC. X. That all laws in conflict with this be, and the same are, hereby repealed. Approved December 26, 1890. RENEWING CHARTER ATLANTA STREET RAILROAD COMPANY, ETC. No. 163. An Act to renew the charter of the Atlanta Street Railroad Company incorporated by Act approved February 23, 1866, and to confer additional powers upon said company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the charter of the Atlanta Street Railroad Company incorporated by Act of the General Assembly of this State, approved February 23, 1866, be, and the same is, hereby extended and renewed for the period of thirty years from and after January 1, 1896. Charter extended for thirty years. SEC. II. Be it further enacted, etc., That said Atlanta Street Railroad Company, as now incorporated, shall have power to purchase the railroads and property of other street railroads in the city of Atlanta, or extending from the city of Atlanta into the counties of Fulton and DeKalb, and to operate the roads so purchased; provided , that nothing in this Act shall be construed to authorize said company to purchase, lease or otherwise obtain control of any other railroad, so as to defeat or lessen competition or create monopoly. Right to purchase other roads But not so as to affect competition. SEC. III. Be it further enacted, etc., That said Atlanta Street Railroad Company shall have power to hold, purchase, own, use, improve and embellish real estate to be used in connection with its railroads, and as may be necessary for its legitimate street railway purposes, under such reasonable rules and regulations as it may establish. Rights to own, etc., real estate. SEC. IV. Be it further enacted, etc., That said Atlanta Street Railway Company shall have power to extend its lines of roads to any point or points in the counties of Fulton and DeKalb, but in making these extensions it shall not use or occupy any public road or highway without first obtaining

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permission of the Commissioners of Roads and Revenues of the county within which such public road or highway may be. Extensions of road. SEC. V. Be it further enacted, etc., That the said Atlanta Street Railroad Company shall have power to adopt and use any motive power adapted to its purposes, subject, in its use within the city of Atlanta, to such reasonable rules and regulations as the said city may establish, and, without the city of Atlanta, subject to such reasonable rules and regulations as the Commissioners of Roads and Revenues may establish. And said corporation shall have power to increase its capital stock to a sum not exceeding one million of dollars, and it shall have power to issue its bonds for corporate purposes, and to secure the same by mortgage or trust deed in its property; provided , that nothing in this Act contained shall have the effect or be construed as extending to any railroad, or lines of road or appurtenances, which said Atlanta Street Railroad Company may purchase under the authority of this Act, any exemption from taxation of any kind; and provided, also , that nothing in this Act contained shall have the effect of any wise extending, enlarging or continuing any exemption from taxation of any kind in favor of said Atlanta Street Railroad Company other than may already exist in favor of said company, or of saving or reserving to said Atlanta Street Railroad Company any right of exemption from taxation which, under the law, said company would or might be deprived of by this amendment under the laws of this State. Motive power. Increase of stock. Bonds, etc. No exemption from taxation of purchased roads, etc. Tax exemptions of Atlanta Street Railroad Company not extended nor enlarged, etc. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 26, 1890. AMENDING CHARTER GATE CITY STREET RAILROAD COMPANY. No. 164. An Act to amend an Act entitled an Act to incorporate the Gate City Street Railroad Company, and for other purposes, approved September 26, 1879, and the various Acts amending said Act, by conferring upon said corporation the power to lease or sell its road, franchises, and all its property to any other corporation created for street railroad purposes, and for other purposes. SECTION I. Be it enacted, That in addition to the power conferred upon the Gate City Street Railroad Company by

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the various Acts recited in the caption of this Act, said Gate City Street Railroad Company shall have power to lease or sell its lines of road, its franchises, and all its property to any corporation created by the laws of this State for street railroad purposes; and the franchises, lines of road and property so leased or sold shall remain liable in the hands of the lessee or purchaser for all present debts or claims against Gate City Street Railroad Company just as if it had not been leased or sold; provided , that nothing in this Act shall be construed to authorize said company to sell, lease or otherwise dispose of any of its rights, powers, property or franchises, so as to defeat or lessen competition. Lease or sale to other corporations. Subject to present indebtedness But not so as to defeat competition. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 26, 1890. AMENDING CHARTER WEST END AND ATLANTA RAILROAD COMPANY. No. 165. An Act to amend the charter of the West End and Atlanta Railroad Company, approved August 26, 1883, and the Acts approved September 29, 1883, and October 15, 1885, and October 1, 1887, amendatory thereof, by conferring upon said company the power to lease or sell its property, franchises and lines of road, and for other purposes. SECTION I. Be it enacted, etc., That in addition to the powers conferred upon the West End and Atlanta Railroad Company, by the various Acts recited in the caption of this Act, said West End and Atlanta Railroad Company shall have power to lease or sell its line of railroad, it franchises, and all its property to any corporation created by the laws of this State for street railroad purposes, and the franchises, lines of road and property so leased or sold shall remain liable in the hands of the lessee or purchaser, for all present debts or claims against said West End and Atlanta Railroad Company, just as if it had not been leased or sold; provided , that nothing in this Act shall be construed to authorize said company to sell, lease or otherwise dispose of any of its rights, powers and privileges, property or franchises, so as to defeat or lessen competition or create monopoly. Lease or sale to other corporations. Subject to present indebtedness. Bill not so as to affect competition.

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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 December 26, 1890. INCORPORATING ATLANTA AND BIRMINGHAM RAILROAD COMPANY. No. 170. An Act to incorporate the Atlanta and Birmingham 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 L. M. Fouts, E. M. Blalock, B. H. Hill, Walker Dunson, Thos. C. Crenshaw, Jr., Arthur Hutchinson, W. H. Smith and Robert Chisolm, and such other persons as may be associated with them, and who shall be stockholders, and their successors and assigns be, and they are, hereby created a body politic and corporate under the name of the Atlanta and Birmingham 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 contract and be contracted with; to have and use a corporate seal; to accept, purchase, hold and convey both real and personal property as may be necessary to and will advance the interest of said railroad company; to do all lawful acts for the control, promotion, and transaction of its business, together with such other powers as are herein conferred, as well as those which by the laws of this State are conferred generally on incorporations. Corporators. Corporate name General powers SEC. II. Be it further enacted, That said railroad company, by its Board of Directors, may make such rules and by-laws for the management of the business, and for the government of railroad company, as are reasonable and just and not inconsistent with the Constitution and laws of this State and the United States, with the power to alter, renew, change or amend the same at pleasure. By-laws, etc. SEC. III. Be it further enacted, That the capital stock of said railroad company shall be one hundred thousand dollars ($100,000.00), with power, by a majority vote of the stockholders, to increase the same from time to time to an amount not to exceed four million dollars, which shall be divided into shares of one hundred dollars each; and said railroad

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company shall be authorized, and it is hereby authorized, to commence to construct and build said railroad whenever the sum of one hundred thousand dollars is subscribed to the capital stock of said railroad company. Capital stock. Beginning business. SEC. IV. Be it further enacted, That books for the subscription to said capital stock shall be opened by the incorporators under this Act, or any three of them, at such times and places in this State as may be agreed upon by said incorporators, or any three of them; that when the sum of one hundred thousand dollars shall have been subscribed to the capital stock of said railroad company, it shall be the duty of the incorporators, or any three of them, to call a meeting of the subscribers to the capital stock of said railroad company, at such place in the city of Atlanta, Georgia, as may be agreed on by them, of which meeting ten days' notice shall be given in a newspaper published in the city of Atlanta, Georgia, at which meeting the stockholders shall elect not less than five nor more than eleven directors to manage the affairs of said railroad company; the directors so elected, and those to be annually elected thereafter, shall elect from their own number a president; and said Board of Directors shall have power to appoint and employ such other officers, agents and servants as may be deemed proper or necessary to conduct its business, to fix the salaries of all the officers of the company, and to fill all vacancies that may occur in their own body until the next meeting of the stockholders. The president and the directors shall hold their offices one year, or until their successors are elected and installed; the Board of Directors shall, in their by-laws, fix the time and manner of meetings of the stockholders for the election of directors, as well as all other meetings of stockholders; each stockholder shall have one vote for each share of stock owned by him or her, and the votes shall be cast by the stockholder in person, or by proxy in writing. Books of subscription. Meeting of subscribers Directors and officers Votes of stockholders. SEC. V. Be it further enacted, That all subscriptions to the capital stock of said railroad company may be made in the form of a general contract or promissory notes, or other form which may be selected, and may either be paid in money, labor, property or material for the use of said railroad as per contract under the direction of the Board of Directors; and certificates of stock fully paid up and non-assessable, shall be issued to the persons paying on the basis of one share for every hundred dollars so paid, but no certificates shall be issued for less than one share; and subscriptions to the capital stock shall be payable in such amounts, either as a whole or by installments, as may be agreed upon, or may be ordered by the Board of Directors, and if any stockholder

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shall neglect or refuse to pay any installment which may be called in for sixty days after the same may become due and notice given, as hereinafter provided by 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 the said railroad company, or it may have a right of action to recover thereon all such installments as may be called in on said subscription of stock. Stock subscriptions. SEC. VI. Be it further enacted, That said railroad company be, and it is, hereby authorized and empowered to survey, lay out, construct and equip, maintain and operate a railroad from the city of Atlanta, in Fulton county, Georgia, through the following counties or such of them as said railroad company may deem fit, to-wit: Campbell, Carroll, Coweta and Heard, to some point on the State line of Alabama; with power also to the said railroad company to survey, lay out, construct, equip, maintain and operate one or more branches from any convenient point or points along the line of said railroad to any towns or cities, mines, factories, etc., within this State, which may, in the discretion of the Board of Directors, add to or subserve the interest of said company; provided , that no branch line built by said company under this section shall exceed twenty miles in length. Route. Branches. SEC. VII. Be it further enacted, That for the purpose of constructing, maintaining and operating said line of railroad or railroads, the said railroad company is empowered to cause such examination and surveys to be made of the line and branch or branches between the city of Atlanta and some point on the State line of Alabama, as shall be necessary to the selection of the most advantageous route, 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 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; to lay out its line of railroads 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 branch or branches, and to remove trees and other obstructions on the right-of-way and road, making compensation therefor in the

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manner prescribed hereinafter in this Act; to construct its railroad across, along and upon any water-course, street, highway or canal, and along or across any other railroad which the routes of its railroad shall intersect or touch, and in case any embankment or cut in the construction of said railroad shall make it necessary to change the course of any highway or street, the consent of the public authorities having control of said streets or highway being first obtained, it shall be lawful for the company constructing said railroad to so change the course of said road, highway or street; to cross, intersect, join or unite its railroad with any railroad heretofore and hereafter constructed, at any point in its route, or upon the ground of any other railroad company, with the necessary turnouts, and other conveniences necessary in the construction of the railroad, and may run over the right-of-way of any other railroad to its freight or passenger depot, shops, etc., in any city, town or village through which said railroad may run, and 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; to take and convey persons and all manner of property over its 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 passengers and freight 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 nothing in this Act shall be construed as authorizing said company to take, use or occupy any street, lane, alley or other way, or any part of any public road, until the consent of the municipal or county authorities, as the case may be, shall have first been obtained. Examinations and surveys. Property rights. Right of way, etc. Use of water courses, highways, etc. Crossings, etc., other railroads, etc. Common carrier. Motive power, etc. SEC. VIII. Be it further enacted, That said railroad company may borrow such sum or sums of money for the purpose of carrying out the objects of its charter, and may make and issue bonds therefor to such an amount, in such denominations, and at such rate of interest, and payable at such times and places as the Board of Directors may direct, and upon such terms as said railroad 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 its franchise and any and

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all of its property, both real and personal, of said corporation for the amount or amounts borrowed and owed by said railroad company, as said Board of Directors may deem expedient; and said railroad company may make provisions in such trust deeds or mortgages for transferring their railroad tracks, depots and appurtenances, used in connection with said railroad in any manner belonging to said railroad company, or which shall thereafter belong to it, as security for said bonds, debts or money. Borrowing money, etc. SEC. IX. Be it further enacted, That the said Atlanta and Birmingham Railroad Company shall have power to sell, lease, assign or transfer its stock, property, franchise to, or to purchase any other railroad company incorporated under the laws of this State, or of any other State, or of 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, or to consolidate the same with those of any other railroad company incorporated under the laws of this State or of any other State, or of 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, which may connect with the said Atlanta and Birmingham Railroad Company: provided , that nothing herein shall be construed to authorize said company to make any contract, the effect of which is to defeat or lessen competition. Sale, lease, etc., to or of other railroads. But not so as to affect competition. SEC. X. Be it further enacted, That the said Atlanta and Birmingham Railroad Company shall have the power and authority 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 railroad 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 the track of the said Atlanta and Birmingham Railroad Company for the purposes aforesaid. Right to acquire or part with use of tracks from or to other railroads. SEC. XI. Be it further enacted, That said Atlanta and Birmingham Railroad Company shall have all the powers granted in section 1689(a to l) of the Code of 1882; provided , that nothing in this charter shall be construed to give the said railroad company the power to take or damage any private property till just and adequate compensation has first been paid. Powers granted under general railroad law.

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SEC. XII. Be it further enacted, That for 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; provided , that such use or occupancy, on the part of said railroad company, does not deprive the public of the use and enjoyment of the whole of said street or streets. Use of streets, etc. SEC. XIII. Be it further enacted, That the stockholders in said railroad company shall, in their private capacity, be bound to any creditor of the said railroad 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 for debts of corporation. SEC. XIV. Be it further enacted, That the principal office, or place of business, of said Atlanta and Birmingham Railroad Company shall be in the city of Atlanta, in the county of Fulton and State of Georgia. Principal office. SEC. XV. Be it further enacted, That the said Atlanta and Birmingham Railroad Company shall continue to exercise all the rights and franchises herein conferred for and during the term of fifty years. Term of charter. SEC. XVI. Be it further enacted by the authority aforesaid, That the powers and franchises herein granted shall not be assigned or transferred until at least twenty miles of said road have been constructed and equipped and ready for operation; and said franchises and powers shall cease and determine, and said grant expire, unless at least twenty miles of said road is built, equipped and operated in three years from the passage of this Act. No tranfer until twenty miles built. Charter void unless twenty miles built, etc., in three years SEC. XVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890.

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INCORPORATING SUBURBAN AND WEST END RAILWAY COMPANY. No. 171. An Act to incorporate the Suburban and West End Railway Company, to define its rights, powers and privileges, and for other purposes. SECTION I. The General Assembly of the State of Georgia do hereby enact, That Jacob Paulsen, M. A. Cohen, R. S. Bell, Edward Karrow, Lawrence Lippman and Samuel Lazaron, all of said State, and county of Chatham, and their associates, successors and assigns are hereby incorporated and made a body corporate and politic for the term of fifty years, with right of renewal under the name of the Suburban and West End Railway Company. Corporators. Corporate 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 to alter and renew the same at pleasure; to make, alter and repeal any and all by-laws it may deem best, not in conflict with the laws of the State or United States; to make contracts, borrow money, issue bonds, notes or evidences of debt, and to secure the same by such mortgage or mortgages, or deed or deeds of trust, as it may deem best; and it may acquire, by gift or purchase, and receive and hold such property, real and personal and mixed, as may be proper for its legitimate purposes as a street railway, and it may dispose of all or any part thereof at pleasure. It shall have power to fix, charge and collect such rates of toll or fare for the carriage of persons or property as it may deem proper, and with the consent of the Mayor and Council of the city of Savannah, and it shall have all the powers, facilities, rights and franchises necessary or proper to successfully accomplish and maintain the objects of its corporation. General powers. SEC. III. Be it further enacted, That the capital stock of said corporation shall be twenty thousand dollars divided into shares of one hundred dollars each, with the right to increase the same from time to time in the discretion of the Board of Directors, to any sum not exceeding two hundred thousand dollars; but said company shall be empowered to organize and commence business when the sum of five thousand dollars is subscribed to said capital stock. The persons named as incorporators, or a majority of them, may open books of subscription to said capital stock at such time

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and place or places as they may deem proper; and said subscriptions to stock shall be paid in such manner and amounts, and at such time and place as the Board of Directors may require, and land, materials, labor, and other equivalents of money may be received in payment of stock in the discretion of the Board of Directors. Said incorporators may exercise all the rights and powers of directors of said company until directors are elected as hereinafter provided. Capital stock. Beginning business. Books of subscription. Payments for stock. Provisional directors. SEC. IV. Be it further enacted, That at the first meeting of the subscribers to said capital stock, to be called by said incorporators, a board of not less than seven, nor more than eleven directors, shall be elected from the stockholders, a majority of whom shall constitute a quorum. Said directors shall hold office for one year and until their successors are elected. They shall elect from among their own number a president, vice-president and secretary. There shall be an annual meeting of the stockholders at such time and place as may be named in the by-laws. At such meetings as well as at special meetings, a majority of all the stockholders present, in person or by proxy, shall constitute a quorum. At all stockholders' meetings, each stockholder shall be entitled to one vote for each share of stock owned by him. The Board of Directors shall have power and authority to manage and conduct the affairs of said company, as to prescribe all rules for managing and conducting all the business of said company. Directors and officers Stockholders' meetings. Power of Board of Directors. SEC. V. Be it further enacted, That said corporation shall have full power and authority to survey, lay out, construct, equip, use and enjoy lines or routes of streets railroads over and through any street or streets in the city of Savannah, in said State, as may have already or may at any time in the future be authorized and permitted to it by the City Council of Savannah, by resolution or otherwise, including Railroad, Bay, Bryan and Faun streets and St. Julian, and also from such point or points in said city as may be deemed best, to run westward on and over the Louisville or Augusta Roads, either or both, or any other public or private roadway or avenue, to such place of public or private resort in the county of Chatham, with consent of County Commissioners, in case of public roads, and by usual process of law in case of private ways, including the race-course, Jasper Spring and the water-works; also, in the same manner, if it should so desire, eastward over the most convenient and practical route, including any public road in the county, with the consent of the County Commissioners; then to Wilmington Island, Thunderbolt or other place of public or private resort in said

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county, and for said purpose to have, own and control, either by grant, purchase, rent, lease or otherwise, boats, ferries, bridges and other conveniences, and build, construct and operate the same, together with equipments for transportation, and it shall have the right to cross the track of any other railroad upon the line of its route. The motive power of said company shall be horse, steam, or electric power, or any other power, in the discretion of the company, now known or that may be hereafter discovered or utilized; provided , that before said company shall have the authority to construct and operate said street railway within the limits of said city as aforesaid, it must obtain the consent of the corporate authorities of said city of Savannah to do so, if not already obtained, and otherwise be subject to the authority and ordinances of said city, in the construction, operation and management of said railroad in the same manner as other railroads now being operated in said city. Route, etc. Property rights. Crossing other railroads. Motive power. Consent of city authorities, etc. SEC. VI. Be it further enacted, That said corporation shall have all the powers granted in 1689(l) of the Code of 1882; provided , that it shall not take or damage any private property till just and adequate compensation be first paid. Disputed rights of way. SEC. VII. Be it further enacted, That said company shall be authorized to connect its line, and operate it, in connection with any street railway now or hereafter existing within or without the limits of said city, on such terms as may be agreed upon by the companies; and in its discretion it may allow other companies to use any portion of its track or line for a reasonable compensation, and under such terms as it may agree upon; provided , that said corporation shall not have the right to sell, lease, or consolidate its line with other roads so as to defeat or lessen competition or create monopoly. Connection and operation with other roads etc. But not so as to affect competition. SEC. VIII. Be it further enacted, That the right-of-way of said company without the limits of said city shall not exceed two hundred feet, though it may be less in the discretion of the company, and said company shall have full power to cut down any trees or tree near its right-of-way that might in the opinion of said company, endanger its track or cars, or in any way or manner impede the utility and operation of the cars of said company; provided, however , that the market value of all trees so to be cut or removed by the company shall be paid to the owner thereof, and said tree or trees shall become the property of the company. Width of right of way. Cutting trees. SEC. IX. Be it further enacted, That the liability of stockholders in said company shall be only to the extent of their unpaid subscription on stock. Liability of stockholders.

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SEC. X. Be it further enacted, That the principal office of said company shall be in the city of Savannah, Georgia. Principal office. 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 December 27, 1890. INCORPORATING ATLANTIC AND NORTHWESTERN RAILROAD COMPANY. No. 172. An Act to incorporate the Atlantic and Northwestern Railroad Company, and to confer on said company certain powers and privileges. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That Allen D. Candler, C. C. Sanders, Jas. W. Bailey, S. C. Dunlap, Hugh Atkins, R. N. McClure, R. E. Green, S. H. Hardeman, and their associates, successors and assigns, be, and they are, hereby constituted a body corporate and politic, by the name and style of the Atlantic and Northwestern Railroad Company, and by and in that name may sue and be sued, plead and be impleaded, in any court of law or equity in this State or the United States, may have and use a common seal, make and enforce by-laws, and may accept, purchase, hold, lease and convey any property, either real, personal or mixed, necessary for the purpose herein named. Corporators. Corporate names. General powers. SEC. II. That the said company shall have power and authority to survey, lay out, build, own, equip and operate a railroad from the city of Gainesville, in the county of Hall, in a westerly or northwesterly direction, to some point to be selected by them on the line of the Western and Atlantic Railroad, or on the line between the States of Georgia and Tennessee, and to extend the same from the said city of Gainesville, in a southeasterly direction, by way of Washington, Ga., toward the city of Charleston, in the State of South Carolina, to such point as may be selected by them on the line between the States of Georgia and South Carolina. Route. SEC. III. That in order to carry out the foregoing provisions the corporators herein named, or any three or more of them, may open books of subscription, at such times and places as they may deem proper, to secure subscriptions to

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the capital stock of said company. The said capital stock shall be five hundred thousand dollars, divided into shares of one hundred dollars each, and whenever fifty thousand dollars has been subscribed, the said three or more corporators may call a meeting of all those who have subscribed for stock in said company, at such time and place as they may deem proper, and when such subscribers have assembled, they may proceed to organize said company by electing from their own number a president and seven directors, who shall serve for twelve months and until their successors are elected and qualified. In this and all subsequent elections of officers each shareholder shall have a right to cast one vote for each share of stock held by him. Books of subscription. Capital stock. Beginning business. Directors and officers Votes of stockholders. SEC. IV. The said company shall have power to receive land or other property in payment, or in part payment, of subscriptions to its capital stock, at such valuation as may be agreed upon or may be assessed by any three freeholders, under such rules and regulations as may be adopted by it, and to mortgage, sell or lease, or otherwise dispose of, said land or other property, as may be deemed advantageous to its interests. Payments for stock. Mortgages, etc., of lands, etc. SEC. V. The principal office of said company shall be in the city of Gainesville, in the county of Hall, at which all meetings of the stockholders and all elections of officers shall be held. Principal office. SEC. VI. The said company shall have full power and authority to issue and sell its bonds to an amount not exceeding twenty thousand dollars a mile, and to secure the payment of the principal and interest of the same by a mortgage or mortgages on any part or all of its property. It may consolidate with, or sell to, any other company having property along or near its line; provided , that in no case shall such consolidation, sale or purchase be made to defeat the building of the road, nor to lessen or destroy competition. Said corporation shall have all the rights and privileges granted in section 1689(l) of the Code of 1882; provided , nothing herein contained shall be construed to allow said company to take or damage any private property until just and reasonable compensation be first paid; provided further , that nothing herein contained shall be construed to allow said company to sell, lease, transfer or otherwise dispose of any of its rights or franchises, so as to defeat or lessen competition. Bonds, etc. Consolidation with or sale to other roads But not so as to affect competition. Rights granted under general railroad law. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890.

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INCORPORATING ATLANTA, WEST END AND WEST VIEW STREET RAILWAY COMPANY. No. 175. An Act incorporating the Atlanta, West End and West View Street Railway Company, to define its powers and privileges, and for other purposes. SECTION I. The General Assembly of the State of Georgia do hereby enact, That R. T. Dorsey, E. P. McBurney, J. M. Stephens and P. H. Brewster, all of said State, and their associates, successors and assigns, are hereby incorporated and made a body corporate and politic for the term of fifty years, with right of renewal under the name of the Atlanta, West End and West View Street Railway Company. Corporators. Term of charter and corporate 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 to alter and renew the name at pleasure; to make, alter and repeal any and all by-laws it may deem best, not in conflict with the laws of this State or of the United States; to make contracts, borrow money, issue bonds, notes or other evidences of debt, and to secure the same by such mortgage or mortgages, deed or deeds of trust, as it may deem best, and it may acquire by gift or purchase, and receive and hold such property, real, personal or mixed, as it may deem profitable, and it may dispose of all or any part thereof at pleasure. It shall have power to fix, charge and collect such rates of toll for the carriage of persons and property as it may deem proper, and may meet with the approval of the municipal authorities of the cities of Atlanta and West End; and it shall have all the powers, facilities, rights and franchises necessary or proper to successfully accomplish and maintain the objects of its incorporation. General powers. SEC. III. Be it further enacted, That the capital stock of said corporation shall be fifty thousand ($50,000) dollars, divided into shares of fifty ($50) dollars each, with the right to increase the same from time to time to any sum not exceeding five hundred thousand ($500,000) dollars, but said company may organize and commence business when the sum of ten thousand ($10,000) dollars is subscribed to said capital stock. The persons named as incorporators, or a majority of them, may open books of subscription to said capital stock at such time and place or places as they may deem proper; all subscriptions shall be paid in cash or that

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which said persons, or the directors hereinafter provided for, may deem its equivalent, in installments as called for by the Board of Directors. Said incorporators may exercise all the rights and powers of directors of said company until directors are elected, as hereinafter provided. Capital stock. Provisional directors. SEC. IV. Be it further enacted, That at the first meeting of the subscribers to said capital stock, to be called by said incorporators, a board of not less than seven nor more than thirteen directors shall be elected from the stockholders, a majority of whom shall constitute a quorum; said directors shall hold office for one year and until their successors are elected; they shall elect from their own number, a president and vice-president. There shall be an annual meeting of the stockholders at such time and place as may be named in the by-laws. At such meetings, as well as at special meetings, a majority of all the stockholders present, in person or by proxy, shall constitute a quorum; if at any such meeting, a quorum is not present, those present may adjourn to some other time fixed by them for the transaction of such business as may properly come before said meeting, and if no quorum is present at said adjourned meeting, of which the stockholders shall have notice, those present shall have the right to fully act as a meeting of the stockholders of said company. At all stockholders meetings, each stockholder shall be entitled to one vote for each share of stock owned by him. The Board of Directors shall have power and authority to manage and conduct the affairs of said company, and to prescribe rules for managing and conducting all the business of said company. Directors and officers Stockholders meetings. Powers of directors. SEC. V. Be it further enacted, That said corporation shall have full power and authority to survey, lay out, construct, equip, use and enjoy lines or routes of street railway over or through any street or streets in the city of Atlanta and in the city of West End, in said State not occupied by other street railway lines; and also from such point or points in said cities as may be deemed best, to run from each of the cities into the other, and to West View Cemetery in said county, and to such point or points in the county of Fulton as may be deemed best. Said company shall have power to run said street railway over any public road or roads in the county of Fulton, so as to reach and enter the towns and places herein mentioned, and to use and enjoy any of the streets and thoroughfares of said cities, not occupied by other street railway lines; it may also use horses or mules for drawing its cars, or it may use steam, electricity or any other motive power now used or known, or that may be hereafter discovered or utilized for drawing said cars; provided ,

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that before said company shall have the authority to construct and operate said street railway as aforesaid, it must obtain the consent of the corporate authorities of the cities of Atlanta and West End, to construct and operate said street railways within the limits of said cities, and it must also obtain in like manner, the consent of the proper authorities in the county of Fulton, to construct and operate said street railway, over any public road or roads of said county. Route, etc. Motive power. Consent of municipal authorities SEC. VI. Be it further enacted, That said company shall have full power to cut down any tree or trees near the right of way that might, in the opinion of said company, endanger its track or cars; provided , that said company shall pay to the owner of such tree or trees the true value of the same, when said tree or trees shall become the property of said company. Cutting trees. SEC. VII. Said corporation, for the purpose of making a connected line, or for the purpose of crossing any other street railroad, with its road, may lay its track upon and occupy with its railroad or tracks, any street or streets upon which any other street railroad company may have its tracks, or may have the right to lay its tracks at the time; provided , it does not at any one place occupy more than five full city blocks front, contiguous to each other, and if the proper municipal authorities determine that the street or streets so sought to be occupied by the tracks of both roads is not wide enough for both of said roads to have separate tracks, and at the same time to leave space enough for the passage of the vehicles, then and in that event, said corporation shall have power and authority to condemn to its use, such parts of said other railroad as may be necessary for the purpose of making a connected line, or of crossing any other street railroad with its road, not exceeding in any one place three full city blocks front contiguous to each other. Said condemnation shall be made after the decision is made as aforesaid by said municipal authorities, that such condemnation is necessary to the convenience of the city, in the exercises of its control over the streets of said city, by persuing the provisions and mode pointed out in section 8 of this Act; and said track or road so condemned shall be used by each of said roads, each having equal rights thereon; and in maintaining said track or road so used in common, each company using the same shall pay pro rata in proportion to the number of cars run on said track; provided , that the part of said track of any other railroad company which may be condemned with the consent of said municipal authorities shall be so used by each of said companies

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using the same; that neither one shall damage the business of the other, nor delay its cars running upon said track so condemned. Use of streets upon which there is another railroad. SEC. VIII. Said corporation shall have all the rights granted railroad companies in section 1689(l) of the Code of 1882; provided , that nothing in this Act shall be construed to authorize said company to take or damage any private property until just and adequate compensation be first paid; provided further , that said company shall not have the right to sell, lease or otherwise dispose of any of its rights, property, franchises or privileges, so as to defeat or lessen competition, or create monopoly; provided further , that unless three miles of said railroad are built and in operation in five years from the passage of this Act, that this charter shall be null and void. Disputed rights of way, etc. May not sell, etc., so as to affect competition. Three miles to be in operation in five years of charter void. SEC. IX. Be it further enacted, That the principal office of said company be in the city of Atlanta. Principal office. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 27, 1890. INCORPORATING THE JACKSON STREET RAILWAY COMPANY. No. 176. An Act to incorporate the Jackson Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That W. F. Smith, S. J. Smith, S. Kiber Smith, S. L. Smith and their associates, successors and assigns be, and they are, hereby incorporated and made a body politic and corporate under the name and style of the Jackson Street Railway Company, and as such may sue and be sued in any court of law or equity in this State; may have and use a common seal, and purchase, accept, hold or convey any property, real or personal, for the purposes of said company; may make by-laws, appoint all necessary officers and prescribe their duties; may make contracts and do all lawful acts properly incident to, or connected with, said corporation, and necessary for organizing, transacting and contracting its business, consistent with the laws of this State. Corporators. Corporate name. General powers. SEC. II. Be it further enacted, as aforesaid, That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed fifty thousand dollars. Capital stock.

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SEC. III. Be it further enacted by the authority aforesaid, That the said persons hereinbefore named, or a majority of them, shall be authorized to act as a Board of Directors for said company until the organization thereof, and to open books and procure subscription to the capital stock of said company, and that the organization of said company and the election of officers shall be perfected as soon as two thousand dollars of said stock are subscribed and when twenty per cent. thereof has been actually paid in, and each subscriber to said stock shall be a stockholder in said company and shall pay in the stock subscribed by him at such time and in such amounts as the by-laws of said company may require. In the election of officers and the organization of said company each share of stock shall be entitled to one vote, under such rules as said by-laws may fix. Provisional directors. Organization, etc. SEC. IV. Be it further enacted by the authority aforesaid, That said company shall have power to construct, maintain, equip and operate a railway of any gauge the directors may deem best, to be used with steam, electric or animal power, from the court-house square in the town of Jackson, Butts county, to any point in said town of Jackson which said directors may select, and from said court-house to any point on the line of the East Tennesse, Virginia and Georgia Railway, or any point on the Indian Springs and Flovilla Railroad, or the Jackson and Indian Springs Railroad, provided that no connection shall be made with the above railroad named without just compensation to said companies, to be determined in the manner prescribed for obtaining right-of-way as stated in section five (5), and that said directors shall have power to provide and charge reasonable rates for carrying freight and passengers over the lines of said company; provided , that said company shall not have the right to take, use or occupy any street, lane, alley or other way in the city of Jackson, nor any public road in the county of Butts, until the consent of the authorities of the said city or county of Butts, as the case may be, shall have first been obtained. Route, motive power, etc. Consent of municipal authorities SEC. V. Be it further enacted by the authority aforesaid, That said company shall have all the rights and powers granted in section 1689(l) of the Code of 1882; provided , that the right-of-way shall not exceed twenty-five (25) feet in width; provided further , that said company shall not have the right to take or damage any private property till just and adequate compensation be first paid. Disputed right of way, etc. SEC. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 27, 1890.

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AMENDING CHARTER METROPOLITAN STREET RAILWAY COMPANY OF MACON. No. 179. An Act to amend the charter of the Metropolitan Street Railway Company of Macon so as to prohibit said company from taking private property without the consent of the owner thereof; to authorize and empower said company to erect, construct, equip and operate an electric light and power plant, furnish electric lights and other applied use of electricity; and to remove and modify certain restrictions originally imposed upon its powers, rights and functions, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That, whereas the Metropolitan Street Railway Company of Macon has built and put in operation a portion of its line on the east side of the Ocmulgee river within the time limited by its charter; therefore, be it enacted, that the latter part of section 8 of the Act entitled An Act to incorporate the Metropolitan Street Railway Company of Macon, and to define its rights, powers and duties, and for other purposes, approved October 22, 1887, beginning with the word provided in the third line of said section 8, and extending to the end of said section is stricken, and in lieu thereof, there is substituted the following provisions: Said company shall have the right to connect with and operate its line on such terms as may be agreed on with any street railroad in existence in said city, together with the right of leasing from such other street railroads any portion of its line that may be advantageously run in connection with its own line. Said company shall not build or run its line parallel with any street railroad then existing for more than one block in said city; provided , that said company shall not have the right to sell, lease or otherwise dispose of any of its rights, powers, properties, privileges or franchises, nor to acquire by purchase, lease or other means the control of any other street or electric railroad, when the same shall have the effect to defeat or lessen competition, or create monopoly. Section 8 of Act of Oct. 22, 1887, amended. Right to connect with other roads. To lease portions of other roads Paralleling other roads May not sell, lease, etc., so as to affect competition. SEC. II. Be it further enacted, That the said Metropolitan Street Railway Company of Macon shall have power and authority to erect, construct, equip and operate an electric light plant, and own, use and operate any and all necessary and proper appliances, machinery and buildings, as well as erect and lay any and all necessary wires or other conduits for the generation, use and furnishing of electric lights, electric motive power for the operation of its railway, and other purposes, and for the generation of heat and mechanical power by electricity and the application of electricity of any of its other known uses. Electric light plant. Wires, conduits, etc. SEC. III. Be it further enacted, That section 6 of said Act be, and is, hereby amended by striking all of said section after the

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word so in the fifth line thereof, and substituting therefor the following: provided , nevertheless, said company shall not be authorized to take private property without the consent of the owner thereof, so that said section, when amended, shall read as follows: Be it further enacted, That the said Metropolitan Street Railway Company, of Macon, may extend any one, or more, of their lines of roads to points in the county of Bibb over and beyond corporate limits of said city should they see proper to do so; provided , nevertheless, said company shall not be authorized to take private property without the consent of the owners thereof; provided , said company shall not have the right to take or use any public road until the consent of the county authorities be first obtained. Section 6 amended. May not take private property without owner's consent. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890. INCORPORATING THE ETNA RAILROAD COMPANY. No. 180. An act to incorporate the Etna 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 for the purpose of constructing a railroad from Etna, in Polk county, Georgia, to Cedartown, in said State and county, D. B. Hamilton, A. T. Harper, Alfred S. Hamilton, James M. Jones and Harper Hamilton, their associates and assigns, be, and they are, hereby declared to be a body corporate and politic, under the name and style of the Etna 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 estate 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. Corporators. Corporate name and general powers. Term of charter. SEC. II. Be it further enacted, That the capital stock of the company shall be twenty-five thousand dollars, with the privilege of increasing the same, from time to time, by a majority vote of the stockholders, to a sum not to exceed five hundred thousand dollars, and shall be divided into shares of one hundred dollars each. Capital stock. SEC. III. Be it enacted, When the sum of ten 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

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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 six 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 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 five 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 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 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 the said company. Beginning work. Temporary directors and officers Stockholder's meetings. Powers of directors. Mortgages. Permanent officers. By-laws, etc. 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 cent. has been paid; provided , no stockholder shall be excluded from voting if ten per cent. has not been called for. Votes of stockholders. SEC. V. And be it further enacted, That said company shall have power to lay out, locate, construct, equip and operate a railroad from Etna, in Polk county, Georgia, to Cedartown in said county, by any convenient and practical route which may be selected, and to transport and carry on said railroad passengers and freight for reasonable compensation. 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, etc. Property rights.

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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 shall not exceed one hundred and fifty feet. Disputed right of way. SEC. VII. And be it further enacted, That 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 on 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 chartered by this State or the State of Tennessee; provided , that the company shall not avail itself of the powers or privileges of consolidation or transfer granted in this section, until it has built and equipped five miles of its railroad. Lease or sale of road, etc. Lease or purchase of other roads, etc. 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 powers and rights and privileges incident and necessary to such a corporation. Unless the company shall build and equip at least five 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 railroad company shall not run upon any of the public roads without the consent of the county authorities, nor upon any of the streets of any city or town without the consent of said city or town authorities; and provided further , that no sale of said road shall be made, the effect of which will be to destroy or lessen competition. Principal office. Unless five miles built, etc., in five years charter void. Use of roads and streets. No sale to affect competition. 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 December 27, 1890.

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AMENDING CHARTER ATHENS RAILWAY COMPANY. No. 210. An Act to amend an Act approved November 12, 1889, incorporating the Athens Railway Company, so as to confer additional rights and powers upon said company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 2 of the Act approved November 12, 1889, incorporating the Athens Railway Company be, and the same is, hereby repealed, and the following substituted in lieu thereof: That said corporation, by said name, shall continue for a term of thirty years, 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 employees, and persons dealing and having business with it, as it considers proper. Said corporation shall have power to borrow such sum or sums of money, at such rates of interest and upon such terms as its Board of Directors shall authorize and may deem necessary, and may issue bonds and may execute one or more mortgages or deeds of trust or both, covering all or any part of the property belonging to said company, or which it may thereafter acquire, and may make such provisions in said deeds of trust or mortgages as the directors may deem expedient for transferring their property of all kinds, their rights, privileges, franchises, and immunities as security for any bonds, debts or sums of money secured by such deeds of trust or mortgages; and in case of sale of any railroad or part thereof under such deed of trust or by foreclosure of such mortgage, the purchaser or purchasers shall exercise and enjoy the same rights, privileges, franchises and immunities as are in such deed of trust or mortgage enumerated and conveyed; 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 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 incorporation. Terms of charter. General powers. Borrowing money, etc. Property rights, etc. SEC. II. Be it further enacted, That section 5 of the above recited Act be amended by striking out the words, one hundred thousand dollars, and inserting in lieu thereof the following words: Any amount not exceeding two hundred thousand dollars by a majority vote of its stockholders. Capital stock. SEC. III. Be it further enacted, That section 6 of the above recited Act be amended by adding thereto the following, to-wit: The

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number of the Board of Directors may be increased or diminished by the stockholders, never to be more than thirteen nor less than three. Number of directors. SEC. IV. Be it further enacted, That section 8 of the above recited Act be amended by adding thereto the following, to-wit: Said company shall also have power to construct, furnish and operate electric plants and outfits of all kinds, and furnish electricity, electric power or light to the public or to individuals upon such terms as may be agreed upon, and said company shall have power to unite or consolidate with any other street railroad company; also power to sell or lease any part or the whole of its own railroad, and to buy or lease the whole or any part of any other railroad; provided , that nothing in this Act shall be construed to authorize said company to sell, lease or otherwise dispose of any of its rights, property or franchises, or to lease, buy or acquire any of the rights, property, or franchise of any other corporation, which may have the effect to defeat or lessen competition or create monopoly. Electric plants. Union or consolidation with other roads Sale or lease to or of other roads. SEC. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed Approved December 27, 1890. INCORPORATING MILLEN AND SOUTHERN RAILWAY COMPANY. No. 213. An Act to incorporate the Millen and Southern Railway Company and to confirm the charter already granted to said company, and to authorize it to acquire, own and operate steamboats and other vessels, and to consolidate or combine with other railroad companies, and to confer further and additional powers and rights upon said company, and for other purposes. WHEREAS, Under an Act of the General Assembly of the State of Georgia, approved September 27, 1881, and embodied in section 1698(a) et seq. of the present Code of Georgia, and the amendatory Act approved September 28, 1883, William B. Stillwell, Loring R. Millen, Lemuel Johnson and Joseph W. Preston, on March 26, 1890, obtained a certificate of incorporation for said Millen and Southern Railway Company, authorizing it to construct, maintain and operate a railroad from the town of Millen, situated at the 79 mile post along the line of railway of the Central Railroad and Banking Company of Georgia, to the village called Sterling, in Montgomery county, Georgia, or some other accessible point in said county of Montgomery; and Preamble WHEREAS, Subsequently said Railroad Company did, by resolution of its Board of Directors, which was duly entered in the records of its proceedings, designate the route of certain propose extensions

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or branches of said railroad, and did file a certified copy of said record in the office of the Secretary of the State, and did cause the same to be recorded therein on September 15, 1890, as provided in section 1689(j) of said Code, said extensions being as follows: From Millen northeast through either or both of the counties of Screven or Burke, as may be found most practicable, to the Savannah river; from Sterling, or some other accessible point in Montgomery county on the line of the Savannah, Americus and Montgomery Railroad, through the counties of Montgomery, Tatnall, Appling and Ware, and, if found practicable, through Pierce county, and also through the county of Clinch, in the State of Georgia, to the Florida line in Clinch county, and also from some point in Appling, Ware or Pierce county through Appling or Ware, and through Pierce, Wayne and Glynn counties to Brunswick, Georgia, or vicinity; and WHEREAS, It is desired to confirm to said company all the rights, powers and privileges which it now has under said charter heretofore obtained, and also to grant to it additional powers, rights and privileges, now, therefore, the General Assembly of the State of Georgia do hereby enact: SECTION I. That William B. Stillwell, of the county of Chatham and State of Georgia, Loring R. Millen, of the city and State of New York, Lemuel Johnson, of the county of Ware and State of Georgia, and Joseph W. Preston, of the county of Effingham and the State of Georgia, and their associates and successors be, and they are, hereby created and recognized as a body politic and corporate under the corporate name of the Millen and Southern Railway Company; and said company is hereby authorized and empowered to construct, equip, operate and maintain a railroad from the town of Millen, situated at the 79 mile-post on the line of railway of the Central Railroad and Banking Company of Georgia to the village called Sterling, in Montgomery county, Georgia, or some other accessible point in said county of Montgomery, through and in the counties of Screven, Burke, Emanuel, Tatnall and Montgomery, in said State of Georgia, and also from Millen, through and in either or both of the counties of Screven or Burke, as may be found most practicable, to the Savannah river, and also from Sterling, or some other accessible point in Montgomery county on the line of the Savannah, Americus and Montgomery Railroad, through and in the counties of Montgomery, Tatnall, Appling and Ware, and, if found practicable, through Pierce county, and also through the county of Clinch, in the State of Georgia, to the Florida line in Clinch county, and also from some point in Appling, Ware or Pierce counties through and in Appling or Ware, and through and in Pierce, Wayne and Glynn counties, to and in Brunswick, Georgia, or vicinity, and also from some point on the line of the Brunswick branch or extension of said road in Wayne or Glynn county through and in Wayne or Glynn and Camden county, in said State of Georgia, to some point on the St. Mary's river. Corporators. Corporate name. Routes. SEC. II. That the rights and powers usually incident to corporations, such as the right to sue and be sued, to have and to use a

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corporate seal, and to acquire, hold and enjoy real and personal property, are hereby conferred upon said company, and that in addition thereto all the powers, rights, privileges and immunities specified in the said Acts of September 27, 1881, and September 28, 1883, are hereby specifically granted to and conferred upon the said company as fully and completely as if all of said powers, rights, privileges and immunities were herein fully and at large set forth, this Act being intended as a special legislative grant to said company of all the powers, rights, privileges and immunities conferred by its previous charter and of the additional rights and powers conferred by this Act. General powers. SEC. III. That said Millen and Southern Railway Company is hereby authorized and empowered to construct and operate its railroad within the corporate limits of Brunswick, St. Mary's, Millen, Waycross and any other cities and towns along the line of its railroad, provided the consent of the corporate authorities of the city or town is first obtained before its public streets are used by said company. Right to construct and operate in certain towns. SEC. IV. That said Millen and Southern Railway Company is hereby further authorized and empowered to cross any other railroad or any highway by tunnelling under or bridging over the same, or by going over on a level with the said railroad, the consent of the railroad to be crossed on a level being first obtained, or highway; said company being bound to use proper precautions and safeguards in crossing another railroad or highway. And said company is further authorized to acquire, contract, own and operate, as a part of its corporate property, steamboats or vessels of any kind. Crossing other railroads or highways. Right to have and operate vessels. SEC. V. That said company shall have the power to purchase, build, equip, lease, operate and maintain such railroads or branches of railroads as may be deemed advisable by the company, and that said railroad, together with all the rights, privileges and franchises of said company, 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 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 competion or create monopoly; provided , that said railroad nor any of its rights, privileges and franchises, nor any shares of stock held by said company, shall be sold, leased, transferred or assigned until at least five miles of said road shall have been completed and in running order. Purchases, sales, leases, etc. Union or consolidation with other roads No sale or lease of road or stock held by corporation until five miles completed. SEC. VI. That all laws and parts of laws in conflict with the foregoing Act, or with any rights therein granted, be, and the same are, hereby repealed. Approved December 27, 1890.

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AMENDING CHARTER ELLIJAY STREET RAILROAD COMPANY. No. 215. An Act to amend an Act approved November 13th, 1889, entitled an Act to incorporate the Ellijay Street Railroad Company, so as to add the names of other incorporators in section 1 of said Act, and to amend section 4, as to grant power to extend said Street Railroad to Whitepath Springs, in Gilmer county. 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 name of J. T. Jarrett and inserting in lieu thereof the following names: J. T. Jarrett, W. A. Cox, J. B. Bearden and H. M. Ellington, so that section, as amended, will read as follows: that David T. Jarrett, J. I. Jarrett, W. A. Cox, J. B. Bearden and H. M. Ellington, 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. Additional corporators. SEC. II. Be it further enacted, That section 4 of the above recited Act be amended by inserting after the word Ellijay in the fourth line thereof, the following and to Whitepath Springs, in Gilmer county, and so that said section, as amended, will read as follows, That said corporation shall have full power and authority to survey, lay out, construct, equip, use and enjoy lines as routes of street railroads over and through any street or streets in the town of Ellijay, and to Whitepath Springs, in Gilmer county, and to such points 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 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 drawing its ears, or it may use steam or electricity or any other motive power that may hereafter be discovered or utilized. Terminal points. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890.

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INCORPORATING VERNON PARK RAILWAY COMPANY. No. 218. An Act to incorporate the Vernon Park Railway Company with power to build branch roads, 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 O. T. Rogers, F. D. Bloodworth, P. D. Daffin, Edward Karow, D. B. Lester, M. W. Dixon and C. A. Reitze, their associates, successors and assigns, be, and they are, hereby created a body politic and corporate, under the corporate name and style of The Vernon Park Railway Company, for the purpose of surveying, constructing, equipping, operating and maintaining a railroad from a point or place near the southern limits of the city of Savannah, and within the county of Chatham, to a point or place known as Vernon Park, on the Vernonburg shell road in said county of Chatham, and thence to White Bluff, Montgomery and Rose Dew, or to any one, or to all of said points or places, or to any other point or place in said county of Chatham, as the directors of said company may deem expedient. And by and in said corporate name they may sue and be sued, plead and be impleaded, answer and be answered into in any court whatever; may make contracts in their corporate name: may acquire, hold and convey property, both real and personal; may have and use a common seal; make all necessary by-laws, rules and regulations; may appoint all necessary officers, and to do all other proper acts necessary and incident to the building, equipment, control, operation and maintenance of said road. Corporators. Corporate name. Route. 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 subscriptions, 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 of subscription shall be opened in the city of Savannah, and kept open so long as may be necessary. Books of subscription and temporary organization. SEC. III. Be it further enacted, That the capital stock shall be twenty-five thousand dollars ($25,000), divided into shares of fifty dollars ($50) each; the capital of said company may be increased by the stockholders, as may be deemed necessary from time to time, not to exceed two hundred and fifty thousand ($250,000) dollars. Capital stock. SEC. IV. Be it further enacted, That whenever five thousand ($5,000) dollars of the stock of said company shall have been subscribed for bona fide , the stockholders shall meet and effect an organization of said company, and shall be authorized in their [Illegible Text] to proceed with the work of construction of said road. Beginning business.

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SEC. V. Be it further enacted, That said corporation shall have all the rights and privileges granted in section 1689(l) of the Code of 1882; provided , nothing herein contained shall be construed to allow said company to take or damage any private property till just and adequate compensation be first paid; provided further , that nothing herein contained shall be construed to allow said company to sell, lease, transfer, or otherwise dispose of any of its rights or franchises, so as to defeat or lessen competition. Rights of way, etc. SEC. VI. Be it further enacted by the authority aforesaid, That said corporation is hereby invested with all and singular the rights, powers and authority which are necessary or proper to entitle it to locate, construct, use, enjoy, equip and maintain said railroad as aforesaid, and such other extensions or franchises, or both, as are hereinafter authorized, and said corporation may also cross any other railroad or railroads in this State, and may run across any part of any other railroad or railroads, or over its or their right of way, necessary or proper to reach its freight depot, or the general or union, or common passenger depot in any city through or near which its said railroad may run; provided , said corporation acquires the right to run over the right-of-way of such part of any such railroad as may be necessary or proper as aforesaid by contract, lease, purchase, condemnation or otherwise, and in the event said corporation does not acquire such rights to run over the right-of-way of any other railroad or railroads by contract, lease, purchase or other arrangements, then, and in that case, said corporation may acquire such right by condemnation as provided in this charter; provided , it shall not have any power to condemn more than three miles of the right of way of any one railroad company, and it shall not have any authority to condemn it for any other purpose than to reach the general or union or common passenger depot, or to reach a point where its own freight or passenger depot would be as eligible and accessible to the public as that of the other railroad coming to said city or cities, town or towns, point or points, so that the public may have the full benefit of all competition between the said railroads, and said corporation shall have the right and authority to connect its tracks with the tracks of the other railroads in such cities, and to lay out such side-tracks, switches and other means as are necessary to connect with such roads, or to all the depots aforesaid. Crossing, etc., other railroads. Connection with tracks of other roads. Side tracks, etc. SEC. VII. Be it further enacted, That the principal office of said company shall be located in Savannah, Chatham 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, unless enlarged, as herein provided of five persons; a majority of said directors shall constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders on such day and time, and on such public notice, as may be fixed by the by-laws provided , that at least ten (10) days' notice of all meetings of the stockholders of said corporations shall be given in some paper published in the city of Savannah. At all elections and meetings of

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the stockholders, each stockholder shall be entitled to east, 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, regulations, not in conflict with the Constitution and laws of this State or of the United States, as they may deem necessary and 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 mangement of its business, and to remove the same at pleasure. They shall have authority to fill all vacancies that may occur in the Board of Directors and in the offices of said corporations by death, resignation or otherwise. The Board of Directors shall have authority to enlarge the number of its members, from time to time, so that the same may consist of not exceeding thirteen members. They shall have authority 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 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 trusts or security, for the fulfillment of said corporation of its contracts, obligations or liabilities of any and every kind. They shall have authority to lease, purchase, build or contract for, and to own, use, hold and enjoy, such steamships, steam vessels, sloops, schooners and sailing vessels of any kind and every kind, and barges or vehicles for water transportation of any and every kind, as 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 electric plant or works, wharves, dock, dockyards, warehouses, 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 Savannah, to carry such railroad through any street of the city of Savannah, using, upon such street, steam, electric, animal or other motive power, on complying with such reasonable terms, rules and regulations, and upon their contracting such obligations touching their passage through the streets of Savannah, as may be prescribed by the Mayor and Aldermen of said city. Directors. Stockholder's meetings President. Powers of Board of Directors. Lease, purchase, etc., of vessels, etc. Electric plants, wharves, etc. Right to carry road through streets of Savannah.

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SEC. IX. Be it further enacted, That the said company shall have the power to purchase, build, equip, lease, operate and maintain such railroads and branches of railroads as may be deemed advisable by the company. May purchase, build, etc., such railroads and branches as it deems advisable. SEC. X. Be it further enacted, That the said Vernon Park Railway Company, together with all the rights, privileges and franchises, and also all of the shares of stock held by the company, or by any member thereof may be sold, leased, transferred or assigned upon such terms as may be agreed on, and that said company may be consolidated, combined with, or united with any railroad company or companies, directly or indirectly connecting therewith, and may unite the management of said companies upon such terms conditions and provisions as may be agreed on between such companies so consolidating or uniting, and such companies may adopt such corporate name as they may deem best. May sell lease, etc. Or consolidate or unite with other roads. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with the above Act, or any right therein granted, be, and the same are, hereby repealed. Approved December 29, 1890. INCORPORATING SOUTHERN NATIONAL RAILROAD COMPANY. No. 225. An Act to incorporate the Southern National Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That J. C. Clements, W. J. Whitsitt, S. M. Warthen, G. W. M. Tatum and R. M. W. Glenn, 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 Southern National Railroad Company, and may have and use a common seal, which may be altered, and by said name may sue and be sued, and plead and be impleaded in any of the courts of this State, or of the United States. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation by its Board of Directors, may make such by-laws, rules and regulations for the management of the business thereof as are reasonable and just, and not inconsistent with the Constitution or laws of this State, or of the United States. By-laws, etc. SEC. III. Be it further enacted, That the capital stock of said corporation shall be one hundred and fifty thousand dollars, which, by a vote of a majority of the stockholders having a majority of the stock, may be increased to any sum not to exceed five hundred thousand dollars. The capital stock to be divided into shares of the face value of one hundred dollars each. The books for the purpose of obtaining subscriptions to the capital stock thereto may

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be opened by the incorporators, or a majority of the same, at such time and places as they may deem best. Capital stock. SEC. IV. Be it further enacted, That said corporation shall have authority and power to survey out, construct and equip, use and operate a railroad of such standard and gauge, and use, in operating said road, steam, electric motor or any other power, or with right to use any one, two or all of said powers as they may so elect from any point on the line between the States of Georgia and Tennessee, in the county of Walker or Catoosa, within six miles of the corporate limits of the city of Chattanooga in the State of Tennessee, into or through the counties of Walker and Catoosa, by and upon such route as they may choose or adopt to any point or points of note in the Chickamauga, and Chattanooga National Park, situated in said counties, with such branches, turnouts, and switches as the directors may deem necessary to, into or through said park, and if they deem proper, continue their line of railroad to any point of note or interest without the limits of said park. To charge for the transportation of passengers and freight such rates as may be just. reasonable and legal: provided , said corporation has no authority to enter into the boundaries of said park or roads coded thereto, or build and use a railroad, switches, branches and turnouts until the permission of the Department of War of the United States has first been given thereto, and then only in such manner and directions, within said limits of the park as the War Department may have first consented thereto. Route and motive power, etc. 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 corporation, it shall be the duty of the corporators, or a majority of them, to call a meeting of the stockholders, at such time and place as may be agreed on by them, of which meeting 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 corporation, and the directors so elected shall elect one of their number as president of said corporation. 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. 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 may find necessary, and fix their salaries. Organization. President and directors. Votes of stockholders. Vacancies and subordinate officers. SEC. VI. Be it further enacted, That said corporation 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 corporators attached, and such stock may be

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transferred on the books 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, or by rental or lease, all such real and personal property as may be necessary for the use of said company for constructing, equipping and operating said railroad, and such depots, side-tracks and turnouts and branches as may be necessary. Stock subscriptions. Property rights. SEC. VII. Be it further enacted, That in the event said company and the owners of land through which said company desire to build its road (whether said land be in the hands of the owner or a trustee, executor, administrator or guardian) cannot agree upon the price to be paid therefor, then, either party may apply to the sheriff of the county in which said land lies to summons a jury of five disinterested freeholders, who shall go before where the land to be condemned is situated, and examine the land and such witnesses as the parties desire, and assess the damages; and the jury trying said cause shall first 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 road, but in no case shall the jury give less 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 Superior Court of the county 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 the sum of one dollar each per day to be paid by the said railroad company, and the Sheriff shall swear the jury and witnesses in all such cases, and when the assessment shall be paid, the title to the land shall vest in the said railroad company; provided , nothing in this section shall be applicable to the lands and roads coded or owned by the United States Government, or in any way to interfere with its property. Disputed right of way. SEC. VIII. Be it further enacted, That said railroad company shall have the right to take a strip of land for its right-of-way not exceeding one hundred feet wide, and shall have the right to buy and sell all such real estate as may be necessary for building and operating said road; provided , that the right-of-way in and through the park shall be determined by the War Department. Said railroad company shall have the power to issue bonds in such amount as may be deemed by said company necessary to build, equip and operate said road; and mortgage all their railroad, its branches, turnouts, switches, side-tracks, depots, rights-of-way, rolling stock and franchises for the purpose of securing its bonds, and may issue notes to its creditors. Width of right of way. Purchase and sale of realty. Bonds, etc. SEC. IX. Be it further enacted, That the stockholders shall be individually 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, or connect or consolidate with any other charter or railroad company chartered, granted or to be granted in this State of the State of Tennessee, for the purpose

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of continuing said line of railroad to any point or points of historical interest or for the convenience of the traveling public; provided , that nothing in this Act shall be construed to empower or authorize said company to buy, sell, lease or otherwise dispose of its own or any other railroad franchises or charters, so as to defeat or lessen competition. Purchase of or consolidation, etc., with other roads SEC. XI. Be it further enacted, That this charter shall be forfeited and the rights, privileges and powers herein granted shall be void, unless at least ten miles of said road shall have been built and in operation within five years from the passage of this Act. Unless ten miles built, etc., in five years charter forfeited. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. INCORPORATING ALABAMA EASTERN RAILROAD COMPANY. No. 234. An Act to incorporate the Alabama Eastern Railroad Company, and define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That A. J. Lawrence, J. M. Bellah, John D. Taylor, Thompson Hiles, W. M. Rich, John C. Cleghorn, C. C. Cleghorn, J. M. Wyatt and R. Wyatt, their associates, successors and assigns, be, and they are hereby created a body politic and corporate, under the corporate name and style of The Alabama Eastern Railroad Company, for the purpose of surveying, constructing, equipping, operating and maintaining a railroad from some point on or near the line between the State of Alabama and the State of Georgia, in the county of Chattooga, in the State of Georgia, in an eastern direction, across the State of Georgia to a point upon the line between the States of Georgia and South Carolina, said railroad passing through or in the vicinity of the city of Gainesville, in the county of Hall, in this State, and passing through all and any counties of this State, 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 by gift, grant or purchase, hold and convey property, both real and personal; and may bond, mortgage and create liens upon the same; may have and use a common seal, may make all necessary by-laws, rules and regulations, may appoint all necessary officers, and do all other proper acts necessary and incident to the building, equipment, management, control, operation and maintenance of said road or any part thereof. Corporators. Corporate name. Route. 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

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and approval of this Act, and provide for opening books of subscription and for receiving subscriptions to the stock of said company, and to that end may provide a temporary organization to continue until an organization shall be perfected by the stockholders of the company. Said books of subscription may be opened at such times and places as may be deemed advisable, and kept open as long as may be necessary. 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 may be increased by the Board of Directors from time to time, as may be deemed necessary, not to exceed one million five hundred thousand dollars. Capital stock. SEC. IV. Be it further enacted, That whenever in the discretion of the Board of Directors a sufficient amount of the capital stock in said company to grade ten miles of said road has been bona fide subscribed, 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, or any part thereof; said company having the right to begin work at any point or points upon its line, and grade and construct its road to any distance thereon in either direction. Organization, etc. SEC. V. Be it further enacted, That said company shall have power to accept, purchase, hold, convey, bond and mortgage any property, whatever, real or personal, for the purpose of organizing, constructing, equipping and operating said railroad or any part thereof, or that may be necessary, useful or beneficial to said railroad or the business thereof. They are empowered to enter the lands of any person for the purpose of constructing said road and making the examinations and surveys necessary thereto. They shall have the right, in the manner hereinafter prescribed, to condemn land necessary or useful to the construction of their railroad and right-of-way for the same, said right-of-way not to exceed one hundred feet; also, in addition to said right-of-way, sufficient grounds for stations sidings, etc., for connections with other railroads, terminal facilities and other accommodations necessary for the objects of the incorporation. They have the right to buy, sell and mortgage any and all lands, as they may see fit, in addition to said right-of-way, as may be necessary for railroad purposes, and in addition to said right-of-way they have the right to take and condemn 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 have the right to construct their railroad across, along and upon any street, highway and along or across any other railroad which the routes of their railroad shall intersect or touch; to cross, intersect, join or unite its railroad with any railroad heretofore constructed, or hereafter to be constructed, at any point in its route or upon the ground of any other railroad company, with all necessary turnouts, sidings and switches and other conveniences necessary in the construction and operating said railroad, and may run over the right-of-way of any other railroad

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to its freight and passenger depots, shops, etc., in any city, town or village through which said railroad may run; may have the right to condemn and use the right-of-way of any other railroad already constructed, whenever the same shall be necessary for the construction of said road; provided , nothing herein shall be construed as allowing the condemnation or use of the main track of such other road, or more than five miles on a continuous line of the right-of-way of any other road. Property rights. Right of way, etc. Crossing, etc., streets, highways, etc. May cross, join, etc., other rail-roads etc. SEC. VI. Be it further enacted, That said company shall have the right, in addition to constructing the main line of said railroad, to construct, build, equip, operate and maintain any number of branch roads from any point or points upon its said main line, in any direction, in any county or counties through which said main line may extend; provided , none of such branch roads shall exceed twenty miles in length. And for the purpose of building, equipping and operating said branch road or roads, said company is hereby invested with all the rights and powers by this Act given it for building, equipping and operating its said main line. Branch roads. SEC. VII. Be it further enacted, That said company shall have all the rights and 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 to take or damage any private property till just and adequate compensation be first paid; provided further , that said company shall not have the right to take or use any public road or street until the consent of the county or city authority, as the case may be, is first obtained; provided further , that said company shall not have the right to sell, lease or otherwise dispose of any of its powers, privileges, property or franchises, so as to defeat or lessen competition or to create monopoly. Disputed right of way, etc. Use of public roads or streets. May not sell, etc., so as to affect competition. SEC. VIII. Be it further enacted, That said company is hereby incorporated for a term of thirty years, with right of removal at the end of said term; provided , that if ten (10) continuous miles of said road shall not be graded and ready for the rolling stock in five (5) years after the passage of this Act, then this charter shall be null and void. Term of charter. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 29, 1890.

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INCORPORATING BRUNSWICK AND NORTHERN RAILWAY COMPANY. No. 236. An Act to incorporate the Brunswick and Northern 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 Burnell Atkinson, of the county of Camden, Georgia, R. de T. Laurence, of Cobb county, Georgia, and Max Ullman, C. Dawning and H. T. Kennan, of Glynn county, Georgia, their successors and associates, be, and they are, hereby incorporated under the name of Brunswick and Northern Railway Company, and by that name to have succession, purchase and hold property, sue and be sued, have and use a common seal, make contracts and generally do any and everything that may be necessary to carry out the purposes of this incorporation. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be two hundred and fifty thousand dollars, with the privilege of increasing the same to one 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 one hundred 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. SEC. III. Be it further enacted, That said corporation shall have the right to commence operation, and exercise all the rights and powers, functions and privileges granted by this charter, as soon as the sum of seventy-five thousand dollars have been bona fide subscribed on the books of said corporation and ten per cent. paid in. Beginning business. SEC. IV. 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 member 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 this State. Directors and officers. By-laws etc. SEC. V. Be it further enacted, That said corporation shall have authority to construct, lay out and maintain, equip and operate a line of railroad from the city of Brunswick, in the county of Glynn, or from any point in the county of Glynn, on deep water, to the town of Hawkinsville, in Pulaski county, Georgia, or the town of

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Cordele, in the county of Dooly, or to both or either of said places, or to any point in either of said counties, passing through or partly through the counties of Wayne, Pierce, Appling, Ware, Coffee, Irwin and Wilcox, and shall have all the powers, rights, franchises and facilities necessary or proper to successfully accomplish and maintain the object of its corporation as aforesaid; it may purchase, condemn and acquire such rights-of-way, not exceeding two hundred feet in width and 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; 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 purpose without the consent of its owner. Route. Right of way, etc. SEC. VI. Be it further enacted, That section 1689(i) of the Code of 1882 of this State, concerning the acquisition of right-of-way, and other property necessary or proper for the construction of railroads, and setting forth the methods of proceedings 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 herein 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. Disputed right of way, etc. SEC. VII. Be it further enacted, That said corporation shall be authorized to build such branches, none of which shall exceed twenty miles in length, 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 extension 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 operated as to all such extensions and branches as aforesaid. Branches. SEC. VIII. Be it further enacted, That the principal office of said corporation shall be located at Brunswick, in Glynn county, or at such other point on its main line, or at any point in Georgia, 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 the authority to borrow money at such rate of interest not to exceed the legal rate of interest authorized by this State, and upon such terms as the Board of Directors may authorize or deem expedient. It thall have the right to make, issue and negotiate bonds, in such amounts as the 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, appliances, appurtenances, or other property owned or

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held in connection with its railroad business, and generally to do any and everything that may be necessary to effectuate the powers herein granted. Borrowing money, bonds, etc. SEC. X. Be it further enacted, That said corporation shall be authorized to construct its railroads across, along or upon any stream of water, water-course, street, highway or canal which the route of said road 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 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. Crossing etc., streams, highways, etc. Crossing other railroads. SEC. XI. Be it further enacted, That the corporators named in section 1 of this Act shall have authority to organize the corporation, 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, 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 subscription 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 anything of value in lieu of money. Temporary directors. Books of subscription, etc. 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 and qualified; 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 stockholder, 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. Stockholders' meetings. Directors. 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 stock within five years from the passage of this Act and its approval by the Governor; provided further , that the privileges granted in this charter shall not be transferred until at least five miles of this road

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is built and ready for the iron; and provided further , that the rights of consolidation with any other railroad shall not be exercised until the same condition is complied with; provided , that nothing in this Act shall be construed to empower said company to sell, lease, assign or otherwise transfer any of its rights, powers, properties or franchises so as to defeat or lessen competition. Term of charter. Charter void unless five miles built within five years. Privileges not transferable, etc., until five miles built. No sale, lease, etc., so as to affect competition. SEC. XIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. AMENDING CHARTER OF WEST ATLANTA STREET RAILROAD COMPANY. No. 239. An Act to amend an Act to reincorporate the West Atlanta Street Railroad Company of Fulton county, approved December 26th, A. D. 1888, so as to change the name of said company, and to allow the use of a suspended cable or rail track. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the name of the West Atlanta Street Railroad Company is hereby changed to The Atlanta Suspended Cable Railroad Company, and all the acts and laws relating to the West Atlanta Street Railroad Company shall be of force and apply to the Atlanta Suspended Cable Railroad Company. Name changed. SEC. II. Be it further enacted, That the second section of said Act be amended as follows, to-wit; After the word both, in the latter part of said section, the following words be inserted, viz.: And on, or with a suspended cable or rail track, so as to make the whole section read as follows: Said company is empowered to locate and construct its road in any street, alley, roads or public ways in the city of Atlanta, or in the county of Fulton, and to build a belt railroad around the city of Atlanta, and enter with said road the limits of said city, at such places as may be selected by said company; and said company is also empowered to extend its railroad in various directions in said county, either inside or outside the limits of said city, with the privilege to operate said road with steam or other motive power, or both, and on or with a suspended cable or rail track; and said company is authorized to do a general business on its railroad of carrying persons and property; provided , that said company shall not have the right to use any street, alley, or other way in the city of Atlanta, until the consent of the authorities of said city be first obtained, nor shall said company have the right to use any public road until the consent of the county authorities be first obtained. Motive power. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 29, 1890

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AMENDING CHARTER GRIFFIN STREET RAILROAD COMPANY. No. 242. An Act to amend an Act incorporating 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. Be it enacted, Section 2 of the above and foregoing Act be amended by adding after the 16th line of said section, and the end of said section, the following: And said company has the power to extend its railway, or build branches of the same, beyond the corporate limits of said city to any point in Spaulding county, Georgia, and for any such extension or branch beyond the said corporate limits, the said company shall have the right and power to run over, along and across any public road or roads of said county, and may condemn a right-of-way over private or public property as provided for in the general law of this State relating to building of railroads; provided , that no public highway outside the corporate limits of Griffin shall be used or occupied without the consent of the County Commissioners of Spaulding county, so that said section, when so amended, shall read as follows: Extensions, branches, etc. 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, 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 where 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. And said company has the power to extend its said railway or build branches of the same beyond the corporate limits of said city to any point in Spaulding county, Georgia, and for any such extension or branch beyond the said corporate limits, the said company shall have the right and power to run over, along and across any public road or roads of said county, and may condemn a right-of-way over private or public property, as provided for in the general laws of this State relative to building of railroad; provided , that no public highway outside the corporate limits of Griffin shall be used or occupied without the consent of the County Commissioners of Spaulding county.

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Be it further enacted, That all laws and parts of laws in conflict with the above amendment are hereby repealed. Approved December 29, 1890. INCORPORATING MACON AND INDIAN SPRINGS RAILWAY COMPANY. No. 253. An Act to incorporate the Macon and Indian Springs Railway 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 Thomas W. Troy, M. Nussbaum, J. W. Cabaniss, Sam Weichselbaum, Charles M. Wood, Thaddens C. Parker, J. J. Cobb, T. J. Carling and A. Ullman, their associates, successors and assigns are hereby created a body politic and corporate under the name and style of the Macon and Indian Springs Railway Company, and under 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 and elect all necessary officers for the conduct of the business of said corporation, may 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 do all matters and things hereinafter specifically provided for. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation shall have power and authority to survey and lay out, equip, operate and maintain a railroad from a point at or near Macon, Georgia, thence in a northwesterly direction, through or across any part of the counties of Bibb, Monroe and Butts, to or near a point in said county of Butts, known as the Indian Springs, or through or across any one or more of said counties in said State of Georgia, provided that said road shall pass through the city of Forsyth, in Monroe county, on said city or its inhabitants paying the extra cost of its so running through said city. 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 cheses in action, necessary or convenient, for the proper exercise or enjoyment of the powers herein conferred; to transfer, sell, mortgage and dispose of the same at pleasure; to lay out its road on a right-of-way

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not over two hundred feet in width, making compensation therefor in the manner hereinafter described; to construct its railroad across, along and upon any river, or other waters or watercourses, streets, highways or canals, which the lines of the said railroad shall intersect or touch, or cross any other railroad with which it intersects, or join or unite its railroad with any other railroad heretofore or hereafter constructed at any point on its road; provided competition is not thereby defeated, together with the necessary turnouts, sidings and switches and other conveniences necessary for the construction of the railroad: to take and convey persons and all manner of property by the use of electricity or any animal or mechanical power, and to receive compensation therefor; and to do all things necessary or incident to railroad business; to erect maintain and operate convenient buildings, stations, depots, warehouses, factories and machinery, whether within or without a city, town or village, for the accommodation of passengers and for business. Examinations and surveys. Property rights. Right of way, etc. Crossing, joining, etc., other railroads, etc. SEC. IV. Be it further enacted, That the capital stock of said railroad company shall be two hundred thousand dollars ($200,000), which may be increased from time to time until the same shall finally aggregate one million dollars ($1,000,000) by a majority vote of the stock of the company, at an election duly held for the purpose after notice of such election shall be given by the president of said company by publication in the newspapers in which the Sheriff's advertisements of Bibb county are published, once a week for six weeks, which notice shall state the purpose for which the election is to be held, and the said The Macon and Indian Springs Railway Company is authorized to commence operations when one hundred thousand dollars ($100,000) of its capital stock shall have been actually and in good faith subscribed for, and when forty thousand dollars ($40,000) shall have been actually paid in in cash or its equivalent, the value of such equivalent to be determined by the Board of Directors. The stock of said company shall be divided into shares of one hundred dollars ($100) each, the certificate for which shall be signed by the president and the secretary of said company. Capital stock. Beginning business. Stock certificates. 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 time and places as to said board may seem expedient, and such subscriptions may be made and received in cash, evidences of debt or property of any kind, all subscriptions other than money to be determined as to their value by the Board of Directors, or a majority of them: such subscriptions may be payable in installments. Subscriptions for stock. SEC. VI. Be it further enacted, That if any stockholder shall fail to pay, according to the terms of his subscription, the same, or any part thereof, within thirty days from the time said stock subscriptions or any installment thereon shall be due when called for on demand 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

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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 and all expenses incident to said sale out of the proceeds, they shall pay the surplus to the former owner or his legal representatives, 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 shall relieve the original proprietor of 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 elect it may sue for and recover from such defaulting subscriber the amount due. Failure to pay for stock SEC. VII. Be it further enacted, That the principal office of said company shall be in the city of Macon, in the county of Bibb, in the State of Georgia. But if its Board of Directors shall see fit it may establish a branch office at Indian Springs, in the county of Butts, in the State of Georgia, for the transfer of stock. Principal office. SEC. VIII. Be it further enacted, That said corporation shall have power to make and issue bonds to such an amount, in such denominations, and at such rate of interest not unlawful, payable at such times and places as they may determine, and may secure the same by mortgages or deeds of trust on any or all of its rights, property or franchises, and it may issue preferred stock, giving preference in the payment of dividends. Bonds, etc. SEC. IX. Be it further enacted, 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 right to take or damage any private property till just and adequate compensation be first paid: provided further , that said company shall not have the right to take or use any part of any street or public road without the consent of the authorities of the city or county, as the case may be. Disputed rights of way, etc. SEC. X. Be it further enacted, That the affairs of said company shall be managed by a board of nine persons, to be elected annually by the stockholders from among their number. The first election shall be held in the year 1891, 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 the stockholders in the year 1891, and until their successors are elected, the following shall constitute the directors of said company, to-wit: Thos. W. Troy, M. Nussbaum, J. W. Cabaniss, Sam. Weichselbaum, J. J. Cobb, Charles M. Wood, Thaddens C. Parker, T. J. Corling and A. Ullman. The Board of Directors shall have authority to fill all vacancies in their body between annual elections. Directors. Vote of Stockholders. Temporary directors. SEC. XI. Be it further enacted That the present, and all further Boards of Directors, shall elect from their number a president of said corporation, and elect and appoint such other officers, agents and employees of the company as to them may seem advisable, and to fix the salaries of the same. The said board shall have the power to establish, alter and amend the by-laws, rules and regulations

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for the government of said corporation and the management of its business: to declare dividends, and adopt a corporate seal; to manage all the business of the corporation; to make contracts, borrow money, issue bonds, execute trust deeds or mortgages to secure the fulfillment of the contracts, obligations and liabilities of the company, and to receive, control, use and dispose of all donations, gifts, subscriptions and money 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 meetings in 1891, hereinbefore provided, the powers named enure from the passage of this Act to the persons named, and may be exercised by them and all their successors, unless restricted by such stockholders' meeting. A majority of the stockholders may, at a regular meeting, increase the number of the directors to a number not exceeding thirteen. Officers. Powers of Board of Directors. Increase in number of directors. SEC. XII. Be it further enacted, That the stockholders in said railway company shall be bound to any creditor of the company for the amount of stock subscribed for by him or her, until such suscription is 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 property, either in money or such property as said company shall have received in payment thereof, debts of said company equal to his unpaid subscriptions, and not otherwise. Liabilities of stockholders for debts of corporation. SEC. XIII. Be it further enacted, That said corporation may, through its Board of Directors, purchase and acquire and own stock in another corporation, may unite and consolidate with any other company or corporation, may lease or buy another railroad or railroad charter, franchises, right-of-way, road-beds, subscriptions of 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 the 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 do not conflict with the Constitution and laws of this State or of the United States. The company shall not have power to sell or dispose of any of the rights, powers or privileges herein granted until said company shall have graded, ironed and made ready for rolling stock at least ten miles of their railroad. Union, consolidation, etc., with other roads, etc. May not sell, etc., until ten miles built. SEC. XIV. 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. Transform of stock SEC. XV. Be it further enacted, That if within five years from the passage of this Act at least ten miles of the railroad contemplated are not builded, equipped and operated, then, and in that case, this

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charter shall be forfeited, and the rights, powers and privileges conveyed by it shall be null and void. Unless ten miles operated within five years charter void. SEC. XVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. INCORPORATING DALTON, SPRING PLACE AND EASTERN RAILROAD COMPANY. No. 273. An Act to incorporate the Dalton, Spring Place and Eastern 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 W. H. Tibbs, D. Bukotzer, H. C. Hamilton, P. B. Trammell, C. C. Davis and F. T. Reynolds, their associates, successors and assigns are hereby constituted a body corporate and politic under the name and style of the Dalton, Spring Place and Eastern 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. Corporate name. General powers. SEC. II. Be it further enacted, That the capital stock of said railroad company shall be two hundred thousand dollars, divided into shares of fifty dollars each, with the privilege of increasing the same, from time to time, by a vote of the stockholders thereof, to the sum of not exceeding one million dollars; that no public road shall be taken or damaged without the consent of the county authorities. Capital stock. Consent of county authorities to taking, etc., public road. 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. Temporary directors. Supscription books. 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 Dalton, in Whitfield county, by Spring Place, in Murray county, to a point on the Marietta and North Georgia Railroad, at or near the station of Tate, in the county of Pickens, all in the State of Georgia, by any convenient and practicable

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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 the principal office of said railroad company shall be located at Dalton, in Whitfield county, but may be changed at any time by the Board of Directors. Principal office. SEC. VI. 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 five 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. Organization. Directors and officers SEC. VII. 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. Votes of stock holders. SEC. VIII. 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 one hundred feet from the centre 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 right of way SEC. IX. Be it further enacted, That said company shall have full power and authority to run across any railroad or public road in said counties of Whitfield, Murray and Pickens, or any other county that the said company may run through; provided , that all questions as to right-of way shall be settled and determined as provided for in section 8 of this Act. Crossing roads or railroads. SEC. X. 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. Payments for stock. SEC. XI. Be it further enacted, That said company shall be authorized to build such branches along the main line, as may be desired in the judgment of the Board of Directors, not exceeding twenty miles in length. The said company 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

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branches as are granted herein for the construction and operation of the main line, shall apply to and be operative as to all such extensions and branches. Branches. SEC. XII. 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. Borrowing money, etc. SEC. XIII. Be it further enacted, That said 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 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. Consolidation with other roads Not so as to affect competition. Nor before three miles built. SEC. XIV. 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. Unless three miles built within five years charter void. SEC. XV. Be it further enacted, That each stockholder in said corporation shall be individually liable for the debts of the company to the amount of his or her unpaid subscription to the capital stock of the company. Liability of stockholder for debts of corporation. 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 August 6, 1891. AMENDING CHARTER CITY AND SUBURBAN RAILWAY OF SAVANNAH No. 274. An Act to amend the charter of the City and Suburban Railway of Savannah, Georgia. WHEREAS, The City and Suburban Railway of Savannah. Georgia, was empowered to run its tram-cars within and upon its tracks in the city of Savannah by horse-power; now, therefore, Preamble. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the charter of the City and Suburban Railway of Savannah, Ga., be, and the same is, hereby amended, so that some other power, viz., electric, hot or compressed air, gas, gasoline, or any other new available and proper power, may be substituted for horse-power, and the proper appliances erected and constructed under advice, consent and direction of the Mayor and Aldermen of the city of Savannah, and that the said substituted power be used, maintained and governed, as by ordinances of the said City Council of Savannah passed and now in force. Motive power. Consent, etc., city authorities

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SEC. II. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1891. AMENDING CHARTER COAST LINE RAILROAD COMPANY OF SAVANNAH, GEORGIA. No. 275. An Act to amend the charter of the Coast Line Railroad Company of Savannah, Georgia. WHEREAS, the Coast Line Railroad Company of Savannah, Georgia, was empowered to run its tram-cars within and upon its tracks in the city of Savannah by horse-power; now, therefore. Preamble. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met. That the charter of the Coast Line Railroad Company be, and the same is, hereby amended, so that some other power, viz., electric, hot or compressed air, gas, gasoline, or any other new, available and proper power, may be substituted for horse-power, and the proper appliances erected and constructed under advice, consent and direction of the Mayor and Aldermen of the city of Savannah, and that said substituted power be used, maintained and governed, as by ordinances of the said City Council of Savannah passed and now in force. Motive power. Consent, etc., city authorities. 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 6, 1891. AUTHORIZING EAST TENNESSEE, VIRGINIA AND GEORGIA RAILWAY COMPANY TO BUILD CERTAIN SIDE-TRACK. No. 277. An Act to authorize the East Tennessee, Virginia and Georgia Railway Company to build a side-track from its main track in or near North Rome to the Rome Brickyard. SECTION I. Be it enacted, That the East Tennessee, Virginia and Georgia Railway Company may build a side-track from its main track in North Rome or Forestville, or from any convenient point in the vicinity thereof, to the works of the Rome Brick Company

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connect such side-track with said work, and operate the same, by transporting freight at the usual rates in its cars to and from said works. Authorized to build side track from main track to works Rome Brick Co. SEC. II. That said railway company may acquire the necessary right-of-way for said side-track by purchase or donation, or it may condemn such strips of land, as may be needed for the purpose not exceeding fifty feet in width, as provided by section 1689(l) of the Code of Georgia, and said section shall be held and taken to be part of this Act. Right of way therefor. SEC. III. That all laws and parts of laws in conflict with this Act be, and same are, hereby repealed. Approved August 6, 1891. AMENDING CHARTER CINCINNATI, GEORGIA AND FLORIDA RAILROAD COMPANY. No. 292. An Act to amend an Act entitled an Act to incorporate the Cincinnati, Georgia and Florida Railroad Company, approved October 16, 1885, so as to decrease the capital stock of said company, to authorize said company to sell or lease its corporate rights or consolidate with another company, to issue bonds and secure the same by mortgage of its franchise and property, and to acquire rights-of-way. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act to incorporate the Cincinnati, Georgia and Florida Railroad Company, approved October 16, 1885, be amended as follows, to-wit: Strike from section three (3) of said Act the words three millions, and insert in lieu thereof the words three hundred thousand, so that said section, when so amended, will read as follows: That the capital stock of said company shall be three hundred thousand dollars, with the privilege of increasing it to the sum of six millions of dollars, to be divided into shares of one hundred dollars each, and each shareholder shall be liable only to the extent of the capital stock subscribed by said stockholder. Capital stock decreased. SEC. II. Be it further enacted, That said Act be further amended as follows, by adding to said Act another section to be known as section 5, in the following words, to-wit: Sec. 5. Be it further enacted, That said company shall have all the rights and powers granted in section 1689(l) of the Code of Georgia; provided , that said company shall not take or use private property without first paying adequate compensation therefor, nor shall said company have the right to take, use or cross any public road until the consent of the county authorities be first had and obtained; and said company shall have the right to sell or lease its franchises, corporate

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rights and property to any other railroad company, or to consolidate with any other railroad company, foreign or domestic, for the purpose of building or constructing a railroad, as contemplated by the original Act incorporating said company; provided , that said sale, lease or consolidation shall not lessen or tend to lessen competition; and provided further , that a sale, lease or consolidation shall not take place until five miles of said road has been built; and, if five miles of said road are not built within ten years, then the entire charter of said company shall be void. Said company shall have power and authority to issue bonds upon its franchises, powers and property, and may mortgage the same to secure said bonds, to obtain funds to construct its road and pay its debts. Disputed rights of way, etc. Sale or lease, etc., to other railroads. But not so as to affect competition. Nor until five miles built. Five miles not built within ten years charter void. Bonds, etc. SEC. III. Be it further enacted by the authority aforesaid, That section 5 of the original Act, of which this is amendatory, shall be amended by striking out of said section the letter V and insert in lieu thereof the letters VI, so as to make said section read section 6 instead of section 5. Section 5 of original Act made section 6. 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 14, 1891. AMENDING CHARTER TALBOTTON AND WESTERN RAILROAD COMPANY. No. 306. An Act to amend an Act entitled an Act to incorporate the Talbotton and Western Railroad Company, etc., approved December 24, 1888, so as to authorize said company to build their road from the town of Talbotton, in the county of Talbot, westward to some point on the Georgia Midland Railroad, in the county of Harris, and from thence to the Alabama line, and eastward from Talbotton to Macon, in the county of Bibb, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the charter heretofore granted to the Talbotton and Western Railroad Company be, and the same is, hereby amended by adding after the words in Harris county, in the fourth line of section 7 of said Act, the words and from thence to the Alabama line. And also adding after the words and eastward through Talbot county, in the fifth line of said section, the words and Taylor county, and also adding after the words Flint river, in the fifth line of said section, the words and thence eastward to Macon, in the county of Bibb, so that said section shall read as follows: That said company shall have power to survey, locate, construct, make, build, maintain, equip, use and operate a railroad from Talbotton, Georgia, westward to some point on the Georgia Midland in Harris

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county, and from thence westward to the Alabama line, and eastward through Talbot and Taylor counties to the Flint river, and thence eastward to Macon, in the county of Bibb; and shall have power to accept, purchase, lease, have and hold and convey any property, real or personal or mixed, as may be proper and necessary for railroad purposes, and to erect such buildings, depots and shops, operate such machinery and do such other things as it may deem necessary and proper for its advantage and benefit. Charter amended by authorizing new routes. SEC. II. Be it further enacted, That said railroad company shall have the right to cross, intersect, join or unite its railroad with any other railroad heretofore or hereafter constructed at any point in its route, and when it is necessary, it may run over the right-of-way for a distance of not more than five miles of any other railroad to its freight or passenger depots, shops, etc., in any city, town or village through which it may run, first paying to such other railroad company, whose right-of-way is used, full compensation therefor, as may be agreed on between them; and in case of failure to agree, then the said Talbotton and Western Railroad Company may proceed to condemn so much of such right-of-way as is absolutely necessary for its use, in the same manner that private property may be condemned by said company; provided , that nothing in this Act shall be construed to give to said company the right to join or unite its railroad with any other railroad, so as to defeat or lessen competition. Crossing, joining, etc., other railroads. Disputed right of way. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1891. AMENDING CHARTER CARROLLTON STREET RAILWAY COMPANY. No. 308. An Act to amend an Act of the General Assembly of Georgia, approved November 8, 1889, entitled an Act to incorporate the Carrollton Street Railway Company, of Carrollton, Georgia, and to define its rights, powers and duties, and for other purposes, by striking out a part of the fourth section thereof, and inserting in lieu thereof a provision authorizing said company to extend its road to any point in the counties of Heard or Haralson, in this State, and a provision more clearly prescribing its rights as to right-of-way, and connections with other railroads, and proceedings to condemn property to its use. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act to incorporate the Carrollton Street Railway Company, of Carrollton, Georgia, and to define its rights, powers and duties, and for other purposes, approved November 8th, 1889, be, and the same is, hereby amended by striking out all of the fourth

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(IV) section of the said Act, after the word county, in the eleventh (11) line of said section, and inserting in lieu thereof the words Heard county and Haralson county, in said State. When acquired by gift or purchase the right-of-way may be of any desired width, but when acquired by condemnation proceedings, it shall not exceed one hundred feet, and may be of any less width, at the option of said company. When said company desires to condemn to its use any property not its own, or when said company shall fail to agree with any other railroad company as to the compensation to be paid for use of right-of-way, or for joining or uniting its track with such other railroad track, said company may proceed, in accordance with the provisions of the general law on the subject, as codified in section 1689(l) of the Code of 1882. So that, when thus amended, said section will read: Be it further enacted, That said company be, and is, hereby authorized and empowered (consent already having been giving 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, Heard county or Haralson county, in said State. When acquired by gift or purchase, the right-of-way may be of any desired width, but when acquired by condemnation proceedings, it shall not exceed one hundred feet, and may be of any less width, at the option of the company. When said company desires to condemn to its use any property not its own, or when said company shall fail to agree with any other railroad company as to the compensation to be paid for use of right-of-way, or for joining or uniting its track with such other railroad track, said company may proceed, in accordance with the provisions of the general law on the subject, as codified in section 1689(l) of the Code of Georgia of 1882. Extension authorized. Right of way. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1891. INCORPORATING NORTH AUGUSTA RAILROAD COMPANY. No. 324. An Act to incorporate the North Augusta Railroad 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 authority of the same. That Pat Calhoun, John C. Calhoun, Earnest Groesbeck, S. J. Harriat,

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M. J. Verdery, A. H. Baker and Patrick Walsh and their associates, successors and assigns be, and they are, hereby incorporated under the name and style of the North Augusta Railroad Company for a period of fifty years; 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 by-laws for the government of said corporation; to have, hold, purchase, receive, possess, enjoy and retain to it and its successors lands, rents, tenements, hereditaments, goods, chattels and effects of whatever kind, nature or quality the same may be, and as are necessary for the legitimate business of said railroad, and the same to sell, grant, demise, alien, donate or dispose of as it deems best; it may make contracts, borrow money, issue bonds, debentures, notes or other evidences of debt, and secure the same by mortgage or deeds of trust or other instruments in writing, conveying all of its assets and franchises of any kind and description; and may have and exercise all the powers specified in the Act, to provide a general law for the incorporation of railroads and to regulate the same, approved September 27, 1881, and the several Acts amendatory thereof, and generally to do any and all acts not inconsistent with the laws of this State or the United States, for successfully carrying out the objects and purposes of its incorporation. Corporators. Corporate 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 two hundred thousand dollars by a vote of a majority of the Board of Directors, which stock 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 for 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. Said company may commence work whenever five thousand dollars shall have been subscribed and paid. Capital stock. Beginning work. SEC. III. 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 time and place, or places, as they may deem best. Temporary directors. Books of subscription. SEC. IV. Be it further enacted, That at the first meeting of the subscribers to 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 upon, a Board of Directors of not less than five, nor more than thirteen, shall be elected from among the stockholders for the term of one year, 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 also select and appoint any and all agents

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and employees of said company, or they may delegate the power to others to do so, and determine the amount of their compensation; and they shall manage and conduct the affairs of said company, and generally supervise and control the interest of the same. There shall also be an annual meeting of the stockholders of said company at its principal office, at which time a Board of Directors, as aforesaid, shall be elected for one year, and until their successors are elected and qualified; at all meetings the majority of the stockholders present, in person or by written proxy, shall constitute a quorum for the transaction of business. A majority of said directors shall constitute a quorum, and whenever any director ceases to be a stockholder he shall thereupon cease to be a 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. Directors and officers. Stockholders meetings. Vacancies in Board of Directors. SEC. V. Be it further enacted, That said company be, and it is hereby authorized and empowered, to survey, lay out, locate, build, construct, equip, maintain and operate a main line of railroad, and branches therefrom, for carrying freight and passengers over and through any street or streets within the city of Augusta and the county of Richmond and the State of Georgia, and in, over and through the property now or hereafter owned by the North Augusta Land Company, in Aiken county, South Carolina, commencing at some point in said city; to be hereafter selected by it, and extend to any point or points it may deem fit within said county of Richmond, as well as to any point or points within said city of Augusta, or in, over or through said property of said North Augusta Land Company.... Said company shall have the power to cross any county road or 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 power and privilege of constructing and operating its track of sufficient width through and over all the public roads of said county; provided , that no street shall be taken without the consent of the municipal authorities, and no public road shall be taken without the consent of the county authorities. Route, etc. Crossing etc.,water courses, public roads, etc. SEC. VI. Be it further enacted, That said company shall have all the powers granted to railroads in section 1689(l) of the Code of 1882, and said section is hereby made a part of this charter; provided , that said company shall not have the right to take or damage any private property till just and adequate compensation be first paid; provided further , that unless three miles of the said road shall have been built and in operation within three years from the passage of this Act that this charter shall cease, determine and be void. Disputed rights of way, etc. Unless three miles built within three years charter void. SEC. VII. Be it further enacted, That it shall also have the power, and it is 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. Motive power.

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SEC. VIII. Be it further enacted, That the stockholders in said corporation 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 its private property, debts of the said corporation to an amount equal to his unpaid subscription. Liability of stockholders for debts of corporation. 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 22, 1991. INCORPORATING SEABOARD AND AUGUSTA RAILROAD COMPANY. No. 331. An Act to incorporate the Seaboard and Augusta Railroad Company, 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 T. C. Hogue, Jesse Thompson, F. B. Pope, C. E. Smith and G. E. Lyndon, and their associates, successors and assigns, be, and they are, hereby incorporated under the name and style of the Seaboard and Augusta Railroad Company, and by that name they shall have continuous succession as a corporation for the term of thirty years. Corporators. Name of Corporation. Term of charter. SEC. II. Be it further enacted, 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 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 and branch offices. SEC. III. Be it further enacted, That said corporation shall have authority to construct, purchase, own, operate and maintain a main line of railroad from Augusta to any point on the Georgia, Carolina and Northern Railway between Athens and the Savannah river, and from Augusta to any point on the Florida State line in the direction of Tallahassee or Tampa, and said corporation shall have all the powers, facilities, franchises and rights necessary or proper to successfully accomplish and maintain the objects of its incorporators. 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 have power to issue stock, borrow money, issue bonds and secure the same by mortgages or deeds of trust, as heretofore provided for. Route. Right of way. Borrowing money, etc. SEC. IV. Be it further enacted, That for the purpose of constructing, maintaining and operating said line of railroad, said corporation is empowered to cause such examination and surveys to be

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made of the proposed 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. Examination and surveys. SEC. V. Be it further enacted, That the Seaboard and Augusta Railroad 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 an Act approved December 7, 1886, in sections 2, 3, 4, 5, 6, 7, 8, 9, 12, 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 2, 3, 4, 5, 6, 7, 8, 9, 12, 14 and 15, are hereby made part of this charter. Given rights similar to those granted Georgia. Carolina and Northern Railway Co., by Act of December 7, 1886. SEC. VI. Be it further enacted, That if ten miles of said railroad are not completed within five years from the passage of this Act, then this charter to be void. Unless ten miles built within five years charter void. SEC. VII. Be it further enacted, That said company shall have all the rights, privileges and powers granted in section 1689(l) of the Code of 1882, so far as relates to the acquiring or condemnation of property for right-of-way; provided , that nothing in this Act shall be construed to give to said company the right to take or damage any private property until just and adequate compensation be first paid; provided further , that said company shall not be allowed to take, use or cross any public highway or street until the consent of the county or city authorities, as the case may be, is first had and obtained; provided further , that nothing in this charter shall be construed to authorize said company to sell, lease or otherwise transfer any of its rights, powers, privileges or franchises, or to control by purchase, lease or any other contract, any of the rights, powers, privileges or franchises of any other railroad company, so as to defeat or lessen competition or create monopoly. Disputed right of way, etc. May not use or cross highways or street without consent of county or city authorities. Not allowed to sell, lease, etc., so as to affect competition. 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 28, 1891. AMENDING CHARTER ATLANTA AND EDGEWOOD STREET RAILROAD COMPANY. No. 336. An Act to amend an Act to incorporate the Atlanta and Edgewood Street Railroad Company, approved December 24, 1886, so as to give said company power to increase its capital stock to five hundred thousand dollars, to purchase or lease the property and franchises and roads of other street railroad companies in Fulton or DeKalb counties, Georgia, or to sell or lease its own property, franchises and road to any other street railroad company in either or both of said counties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act to incorporate the Atlanta and Edgewood

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Street Railroad Company, approved December 24, 1886, be, and the same is, hereby amended, so that authority is conferred upon said Atlanta and Edgewood Street Railroad Company to increase its capital stock to five hundred thousand dollars, and said company is authorized to lease or purchase the property, franchises or road of any other street railroad operating a line or lines of street railroads in either or both of the counties of Fulton or DeKalb, and said company is also authorized to sell or lease to any other such company its own property, franchises or road; provided , that nothing in this Act shall be construed to authorize said company to sell, lease or otherwise dispose of any of its rights, powers, property or franchises to any other railroad company, so as to defeat or lessen competition or create monopoly, nor shall said company buy or lease any of the rights, powers, property or franchises of any other railroad company, which may have the effect to defeat or lessen competition or create monopoly. Increase of capital stock. Lease or purchase of other street railroads. Lease or sale to other companies. But not so as to affect competition. 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 29, 1891. AMENDING CHARTER LOUISVILLE BRANCH RAILROAD COMPANY. No. 351. An Act to amend an Act entitled an Act to amend an Act to incorporate the Louisville Branch Railroad Company, so as to authorize said company to borrow money necessary for the construction and equipment of said road, and to secure the payment of the same by the issue of first mortgage bonds upon said road, its equipment and franchises, approved October 8, 1879, so as to authorize said company to increase the amount of bonds it may issue. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be, and the same is, hereby amended by striking out the words fifty thousand dollars, in the seventh line of said Act, between the words exceed, in the seventh line, and to in the eighth line, and inserting in lieu thereof the words fifteen thousand dollars per mile, so that said Act, when so amended, shall read as follows: Authorized to borrow $15.000.00 per mile. Be it enacted, etc., That the Act of the General Assembly approved August 24, 1879, which Act incorporated the Louisville Branch Railroad Company, in the county of Jefferson, be, and the same is, hereby amended by adding thereto the following additional section, to-wit: That said company be, and same is hereby empowered and authorized to borrow a sum of money not to exceed fifteen thousand

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dollars per mile to be used for the construction and equipment of said railroad; and to secure the payment of said sum of money so borrowed for the purpose aforesaid. Said company is hereby further authorized and empowered to issue its bonds in sums not less than $100.00 nor greater than $500.00, and binding therein the road and its equipments, the franchises and all other property owned by said company, said bonds to operate as a first mortgage on said property, to secure the prompt payment of said money so borrowed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891. AUTHORIZING INCREASE OF STOCK LOUISVILLE BRANCH RAILROAD COMPANY. No. 352. An Act to amend an Act entitled an Act to incorporate the Louisville Branch Railroad Company, approved August 24, 1872, so as to authorize an increase of the capital stock of said company. SECTION I. Be it enacted by the General Assembly of the State of Georgia; That section 3 of the above recited Act be, and the same is, hereby amended, by inserting after the word each, at the end of the third line of said section, and before the word and, at the beginning of the fourth line, the following: But it shall have power to increase its capital stock to a sum not exceeding $16,000.00 per mile of completed road, whenever it may be deemed expedient by the stockholders in meeting assembled, a majority of the entire stock being voted in favor of such increase before the same shall be affected; and by striking out the words said corporators in the fourth line of said section, and inserting in lieu thereof the words the Board of Directors of said company, so that section shall read as follows: Power to increase capital stock. Be it further enacted, etc., That the capital stock of said company shall be $160,000.00, to be divided into shares of $100.00 each, but it shall have power to increase its capital stock to a sum not exceeding $16,000.00 per mile of completed road, whenever it may be deemed expedient by the stockholders in meeting assembled, a majority of the entire stock being voted in favor of such increase before the same shall be effected, and the Board of Directors of said company or a majority of them shall, after the passage of this Act, be authorized to open books at Louisville, Georgia, and at such other place or places, and upon such notice as they may deem proper for subscription to said railroad. Books of subscription. 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 1, 1891.

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INCORPORATING ALCOVY AND NORTHERN RAILROAD COMPANY. No. 354. An Act to incorporate the Alcovy and Northern Railroad 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 from and after the passage of this Act, Josiah Blasingame, J. O. A. Radford, W. H. Gunter, J. A. McGarity, W. B. Barrett, Joe L. Mobley, John T. Harris, Jas. L. Wiley, W. L. Blasingame and H. Allen, and their associates, successors and assigns, be, and they are, hereby created and declared a body corporate and politic, by the name of the Alcovy and Northern Railroad Company, and by and in that name may sue and be sued, plead or be impleaded, in any court of law or equity in this State, and may have and use a common seal, and may purchase, hold, lease and convey any property, real or mixed, necessary for the purposes herein named. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said company shall have authority and power to survey and lay out, construct and build a railroad from Alcovy Station, in Newton county, Georgia, to Jersey, in Walton county, Georgia, and the same to equip, use and enjoy, charging such an amount for freight and travel as may be deemed expedient; to open books and obtain subscriptions of stock at the rate of one hundred dollars per share, at such times and places as may be thought proper, and by Board of Directors may make all such rules and regulations as may be necessary for the good of the corporation, and effecting the objects for which it was granted; provided , that such rules and regulations be not repugnant to the Constitution and laws of the State of Georgia, and of the United States. Route, etc. Stock subscriptions. Rules and regulations SEC. III. Be it further enacted, That the capital stock of said company shall be twenty thousand dollars, which may be increased to one hundred thousand dollars, should the exigency and wants of the company require it, and that they may be authorized to unite and consolidate their stock with the stock of any other railroad company, should such be deemed advisable by a majority of the stockholders of said company, upon such terms and conditions as shall be satisfactory to both Capital stock. Union or consolidation with other railroads. SEC. IV. Be it further enacted, That the officers of said company shall consist of a president and five or more directors, to be chosen by the stockholders at such time as a majority of stockholders may direct; that a majority of said Board of Directors may constitute a quorum, and, in the absence of the president, may elect a president pro tem. , whose acts and doings shall be legal and binding upon the company. Officers. SEC. V. Be it further enacted, That said railroad company shall be authorized to sell, lease or transfer its privileges in said road to

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any other company, corporation or individual, upon such terms as may be agreed upon; provided , that nothing herein shall be construed to authorize or empower said company to make any contract or agreement so as to defeat or lessen competition. Sale, lease, etc., to others. But not so as to affect competition. SEC. VI. Be it further enacted, That said company shall have power to receive land or other property in payment, or part payment, of subscriptions to its capital stock, at such valuation, as may be agreed upon, or may be assessed by any three freeholders, under such rules and regulations as may be adopted by it, and to mortgage, lease, sell or otherwise dispose of said land, as shall be deemed advantageous to its interests. Payment for stock, etc. SEC. VII. Be it further enacted, That said corporation shall have all the powers granted in 1689(l) 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 any private property till just and adequate compensation has first been paid. Disputed right of way. SEC. VIII. Be it further enacted, That until a Board of Directors shall have been elected and installed into office, the corporators, or a majority of them, shall have all the power of the Board of Directors to be elected, and may do and perform every act that said Board of Directors might or could do when legally and regularly elected. Temporary directors. SEC. IX. Be it further enacted, That said company shall have power and authority to unite or consolidate with any other company or corporation, as may be deemed proper and expedient by a majority of the stockholders; provided , said uniting or consolidation does not defeat or tend to defeat competition. Union or consolidation with other corporations. SEC. X. Be it further enacted, That said railroad company shall have authority and power to borrow money and issue bonds for the payment of the same. Borrowing money, 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 September 1, 1891. INCORPORATING TALLAPOOSA STREET RAILWAY COMPANY. No. 358. An Act to incorporate the Tallapoosa Street Railway Company, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That C. B. Hitchcock, R. L. Spencer, D. C. Scoville and James W. Hyatt, and their associates, successors and assigns, be, and are, hereby incorporated under

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the name and style of the Tallapoosa Street 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 to 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 of the United States; to acquire by gift, grant, lease or purchase any property, real, personal or mixed, and as may be necessary for street railway purposes, 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, for the successful carrying the objects of this Act into full force and effect. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation shall have the power to borrow money, to make and issue bonds, having such rate of interest not exceeding eight per cent., payable at such time and place, and in such amounts, as it may deem proper; to sell and dispose of such bonds; to secure the payment of the same by mortgages and deeds of trust to all its property and franchises. Borrowing money, etc. SEC. III. Be it further enacted, That the principal office of said company shall be in the city of Tallapoosa, Georgia. Principal office. SEC. IV. 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 the same, from time to time, to any sum not exceeding five hundred thousand dollars, and no stockholder in said company shall be liable or bound in his individual capacity to any creditor of said company except for the amount of his unpaid subscriptions. Capital stock. Liabilities of stockholders for debts of corporation. SEC. V. Be it further enacted, That in all meetings of said corporations, each share of stock shall entitle the holder thereof to one vote, either in person or by proxy; that said shares shall be transferable on the books of said company in such manner as may be provided in the by-laws. Votes of stockholders. Transfer of stock. SEC. VI. Be it further enacted, 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 incorporators named, or a majority of them, shall have the right to open books of subscription to said capital stock at such time and place as they may deem best. Temporary directors. Books of subscription. SEC. VII. Be it further enacted, That at the first meeting of the 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

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may determine, a Board of Directors of not less than five, nor more than eleven, shall be selected from among the stockholders, said Board of Directors to hold their office as such for one year and until their successors are elected. Said directors shall elect from their own number a president and vice-president of said company, and they shall also have power to appoint any and all other officers, agents and employees of said company as they may deem proper, or they may delegate the power of such appointment to others, and determine themselves, or delegate to such others the power and duty of determining the compensation of such other officers, agents and employees; there shall also be an annual meeting of the stockholders of said company at its principal office, at which time a Board of Directors 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, shall constitute a quorum for the transaction of business; a majority of said directors shall constitute a quorum, and when any director ceases to be a stockholder, his place shall be declared vacant. The Board of Directors shall have power to fill all vacancies in the board until the meeting of the stockholders held next thereafter. Directors and officers Stockholders meetings, etc. SEC. VIII. Be it further enacted, That said company shall have full power and authority to survey, locate, build, construct, equip, maintain and operate a main line of railroad and branches therefrom, beginning on any street within the city of Tallapoosa, to any points said company may deem fit within said county of Haralson, as well as to any points within the city of Tallapoosa, over and upon any of the streets of said city, 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 company, on its line at the grade level of such county road, railroad, railroad-track or right-of-way; and said company shall have all the powers, facilities, franchises and rights necessary to accomplish and maintain the objects of its incorporation; and it shall have the power to purchase, condemn and construct right-of-way on and upon any lands in said county outside the limits of said city of Tallapoosa, not exceeding one hundred feet in width, either for its immediate use, or to aid in accomplishing its construction; and the right of said company to condemn land for its use, whether within or without the limits of said city, shall extend to land necessary for their reasonable right-of-way, and shall embrace the right-of-way of other railroad companies, corporations and persons, and shall include lands necessary for side-tracks, stations, depots,

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crossings and shops; provided , that no property shall be taken or damaged by said company without just and adequate compensation being first paid; provided, also , that no street shall be taken or occupied by said company without the consent of the city authorities, and no public road shall be taken without the consent of the county authorities. Route, etc. Right of way. SEC. IX. Be it further enacted, That said company shall have all the rights, powers and privileges granted in 1689(l) of the Code of 1882, relating to the condemnation of property for right-of-way. Disputed right of way, etc. SEC. X. Be it further enacted, That said company shall have power to propel its cars by animal, steam, electric or such other power as it may see fit to adopt, and to carry thereon freight and passengers, and charge and collect reasonable compensation therefor. Motive power, 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 September 1, 1891. EXTENSION INDIAN SPRING AND FLOVILLA RAILROAD UPON STATE RESERVE. No. 360. An Act to authorize the Indian Spring and Flovilla Railroad Company to extend its road and track upon the State's property known as the Indian Spring Reserve, to prescribe the manner in which such extension shall be made, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the Indian Spring and Flovilla Railroad Company be authorized to extend their present line of road so as to enter upon the property of the State of Georgia, known as the Indian Spring Reserve, in the county of Butts, and to cross the creek running through said Reserve, and to extend their road to a point on the bank or bluff, on the opposite side of said creek, from the present terminus of said road, at least one hundred feet South of Indian Spring; provided , said railroad company, before commencing said extension, shall obtain the consent of the present lessees of Indian Spring and Reserve; provided further , that in making said extension said railroad

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company shall so construct the same, as not to cause or produce the banking of sand or any dbris around said Spring or on the Reserve, and so as not to obstruct the full flow and passage of water down said creek in times of floods or high water; provided further , that said company shall not by this Act acquire any title whatever in the land upon which said extension is constructed, but only the right to use the same for railroad purposes during the term of the present lease of said Reserve. And at the expiration of said lease, it shall be optional with the State to extend the privileges herein conferred to a longer period, but if said privileges should not be extended longer than the present lease of said Reserve, then said railroad company shall at that time have the right to remove its property from said Reserve; provided, also , that said railroad company shall continue the present (station at its present) terminus, and shall land at said station all passengers who may desire to land there. Authorized to extend line upon Indian Springs Reserve, etc. Consent of present lessees to be obtained Banking sand or dbris around spring, etc., forbidden. No title acquired under this Act to land upon which extension built. At expiration of lease optional with State to extend privilege, etc. Station at present terminus to be continued. 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 1, 1891. INCORPORATING SOUTH ATLANTIC RAILROAD COMPANY. No. 363. An Act to incorporate the South Atlantic Railroad Company, and to define its rights, powers and privileges, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That R. T. Armstrong, Samuel M. Knox and R. T. Fouche, and their associates, successors and and assigns be, and they are, hereby created a body politic and corporate under the corporate name and style of the South Atlantic Railroad Company, for the purpose of surveying, constructing, equipping, operating, and maintaining a railroad from the city of Rome, Georgia, or from any point on the line of the East and West Railroad of Alabama, to point in Fulton county, Georgia, in or in the vicinity of the city of Atlanta, and from thence to a point in the county of Richmond, in or in the vicinity of the city of Augusta, running through the counties of Floyd, Bartow, Polk, Pauldin, Cobb, Douglas, Fulton, DeKalb, Rockdale, Walton, Ne wton Morgan, Oconee, Green Oglethorpe, Taliaferro, [Illegible Text] McDuffie, Columbia and Richmond, or any one or all of

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counties, as the Board of Directors may deem most expedient, and by and in said corporate name they may sue and be sued, plead and be impleaded, answer and be answered unto in any court whatever; may make contracts in their corporate name; may acquire, hold and convey property, both real and personal; may have and use a common seal; make all necessary by-laws, rules, and regulations; may appoint all necessary officers, and to do all other proper acts necessary and incident to the building, equipment, management, control, operation and maintenance of said road. Corporators. Corporate name. Route. General powers. SEC. II. Be it further enacted, That the persons named in the first section, or a majority of them, may meet at any time after the passage and approval of this Act, and provide for opening books of subscription, and receiving subscriptions to the stock of said company; the books for subscription shall be opened in the city of Rome, and at such other points as may be deemed advisable, and kept open so long as may be necessary. Books of subscription. SEC. III. The capital stock shall be five millions of dollars, divided into shares of one hundred dollars ($100) each; the capital of said company may be increased by the stockholders, as may be deemed necessary, from time to time, and to such amount as they may deem necessary. Capital stock. SEC. IV. That whenever twenty-five thousand dollars ($25,000) of the stock of said company shall have been subscribed for bona fide , the stockholders shall meet and effect an organization of said company, and shall be authorized in their discretion to proceed with the work of construction of said road. Beginning business. SEC. V. That said company shall have power to accept, purchase, hold and convey any property whatever, real or personal, for the purpose of organizing, constructing, equiping and operating said railroad, or that may be necessary, useful, or beneficial to said railroad, or the business thereof; and also to acquire by gift, purchase or condemnation all rights-of-way, not exceeding 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, and said company shall have all the rights, privileges and powers granted in section 1689(l) of the Code of 1882, in the condemnation of rights, privileges and property. Property rights. Right of way, etc. SEC. VI. And be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors to consist, unless enlarged as herein provided, of five persons; a majority of said directors shall constitute a quorum for the transaction of business, and they shall be elected annually by the stockholders on such day and time and on such notice

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as may be fixed by the by-laws. At all elections and meetings of the stockholders, each stockholder shall be entitled to cast, either in person or by proxy, one vote for every share of the capital stock owned or held by him, either in person or as guardian, executor, administrator or trustee; said Board of Directors shall elect one of their number president, a majority of votes being necessary to a choice, and such president shall have such power and authority and shall perform such duties as may be provided by the by-laws; said directors shall continue in office until their successors are elected and installed in office. The Board of Directors shall have power and authority to establish, alter and amend all such by-laws, rules and regulations not in conflict with the Constitution and laws of this State, or of the United States, as they may deem necessary or advantageous for the government of said corporation, or of the management of its business, and to appoint all subordinate officers, agents, attorneys, servants of said corporation necessary or proper for the management of its affairs, and to remove the same at pleasure. They shall have authority to fill all vacancies that may occur in the Board of Directors, or in the offices of said company, by death, resignation, or otherwise. The Board of Directors shall have authority to enlarge the number of its members, from time to time, so that the same may consist of not exceeding thirteen members. They shall have power to call in, from time to time, as they may deem proper, such installments of the original or the increased capital stock of said corporation as may remain unpaid, from time to time, and at any time, and to receive cash, or what they may consider its equivalent, in payment thereof. They shall have authority to manage and conduct all of the business of the corporation of every kind, to make contracts, to borrow money, to make notes or other evidences of debt, to issue bonds at any time, and from time to time, as in their judgment the exigencies of the company may require, and to execute, if deemed expedient by them, any deed or deeds of mortgage, or any deed or deeds of trust or security, for the fulfillment by said corporation of its contracts, obligations or liabilities of any and every kind. They shall have full power and authority to build and construct said railroad across public roads, rivers, whether navigable or not, and through cities, towns and villages along the route to be chosen by them for the construction of said railroad, and also across other railroads either at, above or under the grade thereof; provided, however , that in passing through cities, towns or villages, said railroad company shall comply with such reasonable rules, regulations and requirements

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as may be prescribed by the municipal governments of such cities, towns and villages, and shall obtain consent of the county authorities before it shall take, use or cross any public road in such county. Directors Vote of stockholders. President. Powers of directors. Borrowing money, etc. Crossing roads, streams, etc. SEC. VII. That said company shall have power to purchase, build, equip, lease, operate and maintan such railroads and branches as may be deemed advisable by the company. Purchase, lease, etc., of railroads. SEC. VIII. That said South Atlantic Railroad Company, together with all the rights, privileges and franchises, and also all of the shares of stock held by the company, or any member thereof, may be sold, leased, transferred or assigned upon such terms as may be agreed on, and that said company may be consolidated, combined with or united with any railroad company or companies, directly or indirectly, connecting therewith, whether chartered by the laws of this State or any other State in the United States, 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, after consolidating or uniting, may adopt such corporate name as they shall deem best; provided that there shall be no sale, lease, transfer, assignment, consolidation or combination, directly or indirectly, of said railroad with any competing company, so as to defeat or lessen competition or create monopoly; provided further , that the powers, privileges and franchises conferred by this charter shall become null and void unless twenty miles of said road be completed and in actual operation within five years from the passage of this Act. Sale, lease, etc., to others. Union or consolidation with other railroads, Not so as to affect competition. Unless twenty miles in operation in five years charter void. SEC. IX. That the principal office and place of business of said company shall be located at such place on the line of its railroad as may be fixed by the by-laws of the company. Principal office. SEC. X. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 1, 1891.

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AMENDING CHARTER CINCINNATI, GEORGIA AND FLORIDA RAILROAD COMPANY. No. 386. An Act to amend an Act entitled an Act to amend an Act incorporating the Cincinnati, Georgia and Florida Railroad Company, said amended Act approved August 14th, 1891, by striking from the second section of said amended Act the following words, viz.: And provided further, that a sale, lease or consolidation shall not take place until five miles of said road has been built; and if five miles of said road are not built within ten years, then this entire charter of said company shall be void, 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 that section 2 of an Act entitled an Act to amend an Act incorporating the Cincinnati, Georgia and Florida Railroad Company, said amended Act approved August 14th, 1891, by striking from said 2d section the following words, viz.: and provided further , that a sale, lease or consolidation shall not take place until five miles of said road has been built; and if five miles of said road are not built within ten years then this entire charter of said company shall be void. That said Act be further amended as follows, by adding to said Act another section to be known as section 5, in the following words, to-wit: Provision in charter forbidding sale, etc. until five miles built and providing forfeiture unless five miles built in ten years, stricken. Sec. 5. Be it further enacted, That said company shall have all the rights and powers granted in section 1689(l) of the Code of Georgia; provided , that said company shall not take or use private property without first paying adequate compensation therefor, nor shall said company have the right to take use or cross any public road until the consent of the county authorities be had and obtained, and said company shall have the right to sell or lease its franchise, corporate right and property to any other railroad company, or to consolidate with any other railroad company, foreign or domestic for the purpose of building or constructing a railroad contemplated by the original Act incorporating said company; provided , that said sale, lease or consolidation shall not lessen or tend to lessen competition. Said company shall have power and authority to issue bonds upon franchises, powers and property, and may mortgage the [Illegible Text]

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to secure said bonds to obtain funds to construct its road and pay its debts. Disputed right of way, etc. Sale, lease, etc., to other roads Not so as to affect competition. Bonds, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 7, 1891. AMENDING CHARTER ATLANTA AND ALABAMA RAILWAY COMPANY. No. 401. An Act to amend the charter of the Atlanta and Alabama Railway Company, approved December 27th, 1886, and for other purposes. WHEREAS, The stockholders of said Atlanta and Alabama Railway Company have expended in cash more than eight thousand dollars in a survey of the line of said railway from the city of Atlanta, in this State, to the city of Selma, in the State of Alabama; therefore, the General Assembly of Georgia do hereby enact: Preamble. SECTION I. That section 11 of said Act of incorporation be, and the same is, hereby repealed, and that in lieu of said section 11 there shall be enacted the following: That only the property of said company shall be liable for the debts of said company; that if the construction of said railroad shall not be bona fide begun within the next five years from the first day of January, 1891, then its said charter shall be considered forfeited and void. Section 11 of charter (Act Dec. 27, 1886) repealed. Only property of the company liable for its debts. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. If construction not begin within next five years charter void. Approved September 11, 1891. AMENDING CHARTER WASHINGTON AND ELBERTON RAILWAY COMPANY. No. 407. Act to amend the charter of the Washington and Elberton Railway Company, approved December 27th, 1886, by changing the route of said railway, and extending the time within which said railway shall be built. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the

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above recited Act be, and the same is, amended as follows, to-wit: That in the eleventh (11th) section and fourth line of said Act, for the words Elberton, in Elbert county, Georgia, there shall be substituted the words, any point on the Georgia, Carolina and Northern Railway, between Athens and the Savannah river, and the said eleventh section, so amended, shall read as follows, to-wit: Sec. 11. Be it further enacted, That said corporation shall have power and authority to construct, purchase, own, operate and maintain a main line of railroad from Washington, in Wilkes county, Georgia, to any point on the Georgia, Carolina and Northern Railway, between Athens and the Savannah river, and said corporation shall have all the powers, facilities, franchises, privileges and rights necessary or proper to successfully accomplish, maintain and carry out the objects of its incorporation. It may purchase, condemn and acquire such rights-of-way, not exceeding one hundred feet in width, and terminal facilities, and real estate along said line, as may be necessary or proper, either for its immediate use, or to aid in accomplishing its construction and operation, and shall have power to issue stock, borrow money, issue bonds and secure the same by mortgages or deeds of trust, as heretofore provided for. Route changed. SEC. II. Be it further enacted, That in the third line of the sixteenth (16) section, for the word five there shall be substituted the word ten, so that said section, so amended, shall read as follows to-wit: Sec. 16. Be it further enacted, That this charter shall become void unless the railroad herein contemplated shall be built within ten years. Unless railroad built within ten years charter void. 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 11, 1891. AMENDING CHARTER CARTERSVILLE AND GAINESVILLE AIR-LINE RAILROAD COMPANY. No. 412. An Act to amend an Act incorporating the Cartersville and Gainesville Air-Line Railroad Company, approved December 26, 1886, 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

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the name of the Cartersville and Gainesville Air-Line Railroad Company, a corporation heretofore incorporated under and by virtue of the laws of Georgia, approved December 26, 1886, be, and is, hereby changed to the Cartersville, Gainesville and Port Royal Railroad Company. Name changed. SEC. II. Be it further enacted, That section 2 of said original Act of incorporation be, and is, hereby repealed, and the following be enacted in the place thereof, to-wit: That said railroad company is hereby empowered and authorized to survey, lay out, construct, build and equip a railroad from the city of Cartersville, in the county of Bartow, through the counties of Bartow, Cherokee, Forsyth, Hall, Jackson, Clarke, or Madison, Oglethorpe, Wilkes, McDuffie, Columbia and Richmond, to the South Carolina line, at, above or below the city of Augusta, as said railroad company, by its Board of Directors, may deem best. Route. SEC. III. Be it further enacted, That the present Board of Directors of said company, who are now in office, under and by virtue of section 6th and 8th of said Act of incorporation, shall be, and hereby declared to be, the directors of said company for five years dating from December 26, 1891, to December 26, 1896. Present Board of Directors to continue in office five years. SEC. IV. Be it further enacted, That from and after the passage of this Act the Board of Directors are empowered to issue bonds to the amount of four million dollars, to be secured as specified in section 9 of the original Act. Bonds. SEC. V. Be it further enacted, That from and after the passage of this Act the Board of Directors are authorized to increase the capital stock to the amount of four million dollars. Increase of capital stock. SEC. VI. Be it further enacted, That all the powers, rights, privileges and immunities granted under and by virtue of the original Act incorporating said Cartersville and Gainesville Air-Line Railroad are hereby extended for the period of five years, commencing from the 26th day of December, 1891, after the expiration of the said five years shall cease and determine, unless said company shall have bona fide continued the construction of the railroad authorized under the original Act of incorporation, and continued and extended by this amendment thereof. Extension of charter. Unless construction begun within five years charter void. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Approved September 11, 1891.

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AMENDING CHARTER GEORGIA, CAROLINA AND NORTHERN RAILWAY COMPANY. No. 430. An Act to amend an Act entitled an Act to incorporate the Georgia, Carolina and Northern Railway Company, and to define its rights, powers and privileges and for other purposes, approved December 7, 1886, and to further define the rights and powers of said railway company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That said railway company shall have power to acquire, by purchase, contract, lease or condemnation proceedings, such lands as may be necessary to it for terminal facilities, for side-tracks at any points where desired along its line, for depot grounds at any station or terminus for yard purposes and for connection with other railroads by belt lines or otherwise. In case condemnation proceedings are taken for such purposes, such proceedings shall be in all respects as required by section 13 of the above recited Act, both as to assessing damages and as to appeals. Said railroad company, in constructing its road or line across any public street or alley in any municipal corporation in this State, shall be required to do so only on or at the grade prescribed by the governing authority of such municipal corporation, and such railway company shall not occupy or cross any public street, alley or highway without the consent of the city or county authorities having charge thereof. Condemnation of property for terminal facilities. Crossing streets or alleys. Consent of city or county authorities. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 14, 1891. INCORPORATING ATLANTA, HAPEVILLE AND MANCHESTER RAILROAD COMPANY. No. 447. An Act to incorporate the Atlanta, Hapeville and Manchester Railroad Company, to define its powers and privileges, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives, That M. Haralson, W. R. Hammond, C. W. Smith, M. F. Amorous, W. I. Zackry, E. A. Doane, J. J. Falvey, Samuel Hape, A. S. Talley, R. H. Conner, A. J. Chapman and R. M. Gann, and such other persons as they may associate with them, their successors and assigns, be, and they are, hereby constituted a body corporate and politic, under the name and style of the Atlanta,

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Hapeville and Manchester Railroad Company, with perpetual existence, and by that name are made capable in law to hold, either by purchase, gift or otherwise, any real or personal property necessary to carry into effect and enjoy the powers and privileges hereby granted, and by said name to sue and be sued, have and use a common seal, and the same to alter at pleasure, to adopt such by-laws as may be deemed expedient for the purpose of carrying out the objects of the said coporation, not inconsistent with the laws of the United States and of this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said company shall have power to lay out, construct, equip and operate a railroad for the transportation of freights and passengers from some point in the city of Atlanta to Manchester via Hapeville, both in the county of Fulton, with the power and authority to construct said road via Rough and Ready, in Clayton county, or extend the same from either Hapeville or Manchester to Rough and Ready; that said company may use steam, either the ordinary locomotive or dummy, or they may use electricity or any other motive power now or that may hereafter be known for propelling ears. Route, etc. Motive power. SEC. III. Be it further enacted, That said company may lay out its road through or across any street in the city of Atlanta, through or across any public road in the counties of Fulton and Clayton, and across or through any street in any town or village through which the said road may run, the city, town and county authorities consenting thereto, under such regulations as the officials having charge of such streets or public roads may prescribe, and upon payment of proper compensation for all private property taken, used or damaged thereby. Use of streets or public roads. SEC. IV. Be it further enacted, That said company shall have the right to enter upon and condemn any lands for railroad purposes in the manner prescribed in section 1689(l) of the Code of 1882, the provisions of which section are hereby made a part of the charter of said railroad company, and the railroads of the said company may cross any other railroad, street car, dummy, electric or other line, above, below or at grade; and the said company shall have power and authority to connect its tracks with any other railroad, dummy, electric or other line, on such terms as may be agreed upon, with full power to said company to operate its road jointly with any line with which the same may be connected. Right of way, etc. Crossing or connecting with other railroads, etc. SEC. V. Be it further enacted, That said company shall have full power and authority to purchase or lease the property and franchise of any railroad company, dummy, electric or other railroad company with which it connects, or sell or lease its property and franchise to any railroad company, dummy, electric or other company with whose line the same connects; and any railroad company, dummy railroad company, electric car line company, or any other railroad company with whose line the road of this company may connect is hereby given authority to make contracts of sale or lease, or purchase or lease, as herein provided. The said company shall have power and authority to purchase, hold and sell the stock or bonds, or both, of any railroad company, dummy

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line, electric line or any other railroad company with which the same may connect with full power to use such stock or bonds as natural persons may do; provided, however , that nothing herein contained shall be construed to authorize said company to make any contract which lessens or which may have the effect to lessen competition as declared in the Constitution of this State. Purchase, lease, etc., of or sale, lease, etc., to other railroads, etc. Not so as to affect competition. SEC. VI. Be it further enacted, That the capital stock of said company shall be one hundred thousand dollars, but may be increased, from time to time, by a majority vote of its stock to an amount not exceeding five hundred thousand dollars. The capital stock shall be divided into shares of one hundred dollars each, each share shall be entitled to one vote. When one-fourth of the capital stock is subscribed for in bona fide subscriptions, the said company may organize by the election of a Board of Directors, consisting of not less than seven, nor more than eleven stockholders, who shall elect a president and other officers of the company; when ten per cent. of the capital stock is paid in, the said company may begin business, but a survey or surveys may be made by the incorporators and their associates before any part of the capital stock is subscribed or paid in. Capital stock. Organization. Beginning business. SEC. VII. Be it further enacted, That all the affairs of said business shall be conducted by a Board of Directors, who shall be elected by the stockholders annually, at such time as the company may by its rules or by-laws provide, and by such officers and agents as the stockholders in their meetings, either regular or called, may authorize the Board of Directors to employ. A majority of the Board of Directors may call a meeting of the stockholders at any other than the regular time on thirty days' notice to stockholders; the kind of notice and manner of giving for extra meetings of stockholders shall be provided for by the by-laws or rules of the company. Directors and officers. Stockholders meetings. SEC. VIII. Be it further enacted, That said company shall have power and authority to borrow money, issue coupons or other bonds for the payment of the same, at or below the lawful rate of interest, and secure the payment of the same by a mortgage of its franchise, and all its property of every kind and character. The said company shall have power and authority to indorse, or in any manner become security, on any bond, note or other obligation of the railroad company, dummy line, electric line, or any other railroad company with whose line the road of said company connects. Borrowing money, etc. SEC. IX. Be it further enacted, That said company shall not lease or sell its franchise or property to any other railroad company, or buy or lease the franchise or property of any other railroad company, or buy bonds or stocks of other railroad companies, or borrow money, issue bonds, execute a mortgage, or indorse or become security for any other railroad company referred to in this Act unless such Act is authorized by a majority vote of the stock of said company at a regular meeting of the stockholders, or a called meeting held for that purpose, and of the purpose of the meeting the stockholders shall have notice, which shall be given in a call

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for such meeting; provided , this charter shall be void and inoperative, unless the said road shall be completed to Hapeville, in Fulton county, within three years from the passage of this Act. May not lease or sell to or purchase or lease from other railroads, etc., without majority vote of stock, etc. Charter void unless road completed to Hapeville within three years. SEC. X. Be it further enected, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 16, 1891. INCORPORATING ATLANTA, SOUTHERN AND WESTERN RAILROAD COMPANY. No. 456. An Act to incorporate the Atlanta, Southern and 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, That Henry L. Wilson, Frank P. Rice, William A. Hemphill, Clement A. Evans and Benjamin W. Hall, and their associates, successors and assigns, are hereby created a body politic and corporate, under the name of the Atlanta, Southern and Western Railroad Company, and by that name may sue and be sued, plead and be impleaded, in any court of this State; may contract and be contracted with; may have, use and change a common seal; may make by-laws not contrary to the laws of the State, acquire, hold, use and convey real and personal property; exercise all powers and privileges herein granted, as well as those which shall be necessary to the proper and lawful transaction of its business, according to the laws of this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said company is hereby empowered to survey, locate, lay out, construct, equip, maintain and operate a railroad from any part of the city of Atlanta, in the county of Fulton, or from any point on the line of some other railroad in said county, and extend the same unto and through such counties of this State as it may determine to be the most practicable route, to any point on the line which divides the State of Georgia from the State of Alabama, in Randolph or other adjoining counties in said last named State, and to connect wherever desired with any railroad now or hereafter constructed; and the construction and operation of said road may be begun at any point on its line and continued in the direction of any terminus, and also in like manner to survey, locate, construct, equip, maintain and operate a railroad from said point, in Fulton county, in this State, through Fulton and any or all of the following counties, to-wit: DeKalb, Henry, Rockdale, Newton, Butts, Jasper, Putnam, Jones, Baldwin, Hancock, Wilkinson, Washington, Johnson, Jefferson, Emanuel, Bulloch, Bryan, Effingham and Chatham, through the city of Savannah, in this State; and also, in similar manner, a railway from a point it shall select in either Baldwin, Wilkinson,

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Washington, Johnson, Emanuel or Bulloch counties, through said counties and through Jefferson, Burke, Bulloch and Screven counties, or any of them, to a point of the State line dividing the States of South Carolina and Georgia, in the direction of the city of Charleston or Port Royal, South Carolina; and in like manner from a point in either Baldwin, Wilkinson, Washington, Johnson, Emanuel or Bulloch counties, through said counties, and through the counties of Bulloch, Tatnall, Liberty and McIntosh, to and through the city of Darien; and also, in like manner, a railroad from said point on any of said lines, or at the intersection of the same, through said counties, and through Tatnall, Liberty, Wayne, Glynn or any of them, through the city of Brunswick; and in like manner, a railroad from some point on any of said lines, or at the intersection of the same, through said counties, and through Laurens, Montgomery, Telfair, Coffee, Appling, Ware, Pierce counties, or any of them, through the city of Waycross, in this State; said points of beginning to be selected by the company, with power to commence surveys and construction at any point on said lines, to build toward any terminus, to connect the said railroads and operate the same or any part thereof. Routes, etc. SEC. III. Be it further enacted, That for the purposes aforesaid, the said company is hereby empowered to enter upon the lands of any person or corporation, and cause examinations and surveys to be made for said proposed lines; to acquire, hold, use, lease, mortgage or otherwise lawfully to have, hold and convey, any real estate or other property for the survey, construction, maintenance and operation of its railroads, and for depots, shops, terminal facilities, connections with other railroads and all other objects necessary to its business; also, to locate and define its right-of-way not, exceeding two hundred feet in width, and may excavate and embank thereon, and for the purpose of construction, maintenance and operation of its roads may take gravel, earth and other material, cut down trees that may by falling obstruct its railroad; may construct and operate its railroad across, along and upon any stream of water, and use said streams of water, and across, along and upon any canal, street, public road and other railroad which its railroad may intersect or touch; also, to cross at level grade, or over, or under, or join with any railroad now or hereafter constructed; and to run over the right-of-way of any such railroad company, into its freight and passenger depots, shops and grounds in any city, town or place through which said railroads may run; to construct, maintain and operate all necessary turnouts, sidings, switches, buildings, fixtures, machinery and other conveniences in its railroad business; to take and carry persons and property over its railroad with compensation therefore allowed by the laws of this State; and to use steam, electricity, animal and any mechanical power, either now known or hereafter discovered and invented; provided , that in all cases where these powers are exercised over the private rights of any person or corporation, due compensation shall be made there for according to the provisions of this Act, and where no provision

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is made, then according to the general law of this State; provided , said company shall not have the right to take, use or cross any public street or highway, until the consent of the city or county authorities having charge thereof, shall have first been obtained. Examinations and surveys. Property rights. Right of way. Crossing, etc., streams, streets, railroads, etc. Turnouts, sidings, etc. Motive power. Corporation for private property. May not use, etc. public street or highway without consent of authorities. SEC. IV. Be it further enacted, Said company shall have all the rights, powers and privileges granted in section 1689(l) of the Code of 1882, so far as relates to the condemnation or acquiring of right-of-way; provided , that nothing in this charter shall be construed to give to said company the right to take or damage any private property until just and adequate compensation be first paid. Disputed right of way, etc. SEC. V. Be it further enacted, That the principal place of business of said company shall be the city of Atlanta, in this State, but branches of the same may be established wherever it may determine. The capital stock of said company shall be one hundred thousand dollars, and the same may be increased from time to time by a majority vote of the stockholders assembled in convention, to any amount not exceeding twelve thousand dollars per mile of the lines of said railroad company, divided into shares of one hundred dollars each, and said company may commence business whenever there has been a bona fide subscription of fifty thousand dollars to its capital stock. Books of subscription may be opened by the persons herein named as corporators, or by the Board of Directors, and subscriptions may be received and are made valid in the form of a general contract or by promissory notes, or in lands or other property, or in any lawful form determined by said corporation or directors. Said subscriptions may be made in installments as agreed on, and if any subscriber shall not pay any installment for which he is liable in sixty days after the same shall have become due, and after demand and notice of the same shall have been published once each week for four weeks in the newspaper containing the Sheriff's advertisements published in the county of Fulton, said stock, with all the payments previously made thereon, may be forfeited to the company by the directors, or the company shall have, and may exercise at its option, a right of action to recover all such and other subscriptions to its capital stock that have fallen due. No stockholder shall be liable for any act or debt of said company, except to the amount of his unpaid subscription. Principal and branch offices. Capital stock. Beginning business. Stock subscriptions. Liability of stockholders for debts of corporation. SEC. VI. Be it further enacted, That said company is hereby empowered to borrow money at lawful rates of interest, in such manner and terms as it may determine, and to make and issue its promissory notes and bonds to such an amount and at any rates of interest, not exceeding seven per cent. per annum, payable at such times and places as it may determine, and may secure the payment of the principal and interest of said notes and bonds, by executing deeds of mortgage or deeds of trust, or other lawful instruments, on its railroad and branches, its real, personal or other property, its franchises, and all other rights of property, either in the whole or any part thereof, and also to make and issue preferred stock, as may best serve the purposes of said company. Borrowing money, etc.

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SEC. VII. Be it further enacted, That the business of said company shall be managed by a Board of Directors, not exceeding fifteen in number, who shall be elected annually by the stockholders in convention assembled, and in all meetings of stockholders each stockholder shall be entitled to one vote for each share of stock owned by him. All elections for directors shall be by ballot, and the votes in all cases may be east in person or by proxy duly given in writing. The above named corporators are hereby appointed and authorized to act as directors until another board shall be elected and qualified, but they shall call a convention of stockholders, to meet at the principal office of the company within one year from the time the company shall commence business. The present, and all other Boards of Directors, shall have power to adopt a corporate seal, to make by-laws, make contracts, receive subscriptions to stock and collect the same. They shall elect from their own number a president of said company, and appoint all other officers, agents and employees of the company, fix salaries and other compensation, fill vacancies in their own body, and, generally, do all things not otherwise ordered by the convention of stockholders. Directors. Votes of stockholders, etc. Temporary directors Powers of directors. Officers. SEC. VIII. Be it further enacted, That said company shall have the right and power to unite and consolidate its railroad, franchise and rights with other railroad or railroads, and their franchises and rights, either now or hereafter incorporated, to operate its lines herein named as one railroad, and to lease, purchase or otherwise acquire other lines of railroad; provided , such purchase, or lease, or consolidation shall not have the effect, or be intended to have the effect, to defeat or lessen competition in their respective business, or to produce injurious monopoly: provided , that the corporation hereby created shall not sell, lease or rent its road, franchise or rights to any competing railroad or railroad company, and shall not become the owner, purchaser or lessee of any competing railroad, or the franchise or rights of any such competing railroad or railroad company. Union or consolidation with other roads. Lease, purchase, etc., of other roads. Not so as to affect competition. SEC. IX. Be it further enacted, That said company is hereby empowered to exercise the rights and franchises herein conferred for and during the term of fifty years, with the privilege of renewing the same on the expiration of that time; provided , that unless twenty miles of said railroad shall have been built, equipped and in running order within five years from the passage of this Act, this charter shall be null and void; provided further , that said company shall not have the right to sell, lease or convey any of its rights or franchises until at least twenty miles of its road shall have been built, equipped and in running order. Term of charter. Unless twenty miles built, etc., within five years charter void. May not sell, lease, etc., until twenty miles built, etc. SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 17, 1891.

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AMENDING CHARTER CHATTANOOGA AND GULF RAILROAD COMPANY. No. 459. An Act to amend an Act entitled An Act to incorporate the Chattanooga and Gulf Railroad Company, approved November 12, 1889, so as to change name of said corporation and the route of its railway; to allow said railway to unite with Chickamauga Coal and Iron Company in making and issuing joint bonds; to allow it to indorse the bonds of said coal and iron company; to secure said bonds by mortgage or deed of trust, and to permit said railroad to sell or lease its franchise as herein provided, 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 said Act is hereby amended so as to change the name of said corporation from the Chattanooga and Gulf Railroad Company to the name and style of the Chickamauga and Durham Railroad Company. Name changed. SEC. II. Be it further enacted, That the fourth section of said Act is hereby amended by striking out therefrom after the word elect, in said section, the following, to-wit: 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 Chattanooga, Tennessee, through the counties of Walker and Chattooga, to a point on the line between Georgia and Alabama, near Alpine, Georgia, and by inserting in lieu thereof, from Chickamauga to Durham, so that said section, when so amended, shall read as follows, to-wit: Route changed. Sec. 4. Be it further enacted, That said company shall have the power to survey out, construct and equip, and use a railroad of such gauge as they may elect, from Chickamauga to Durham, on and by such route as they may choose or adopt, and use and enjoy the same, and 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 passes, and shall also obtain from the city authorities permission to run on any street in any city in which said road shall run before they are authorized to do so. SEC. III. Be it further enacted, That said corporation shall have power and authority, by a vote of a majority of the Board of Directors, to unite with the Chickamauga Coal and Iron Company, a corporation hereafter to be formed, in making and issuing joint bonds for the benefit of said companies, of such form and embracing such terms as they may adopt, and for such amount as they may deem necessary for corporate purposes; and said Chickamauga and Durham Railroad Company shall have the power to secure the payment

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or said bonds by executing a mortgage or trust deed on all its franchises and property, separately or jointly, with said Chickamauga Coal and Iron Company, in a mortgage or trust deed embracing the property of both corporations. Said Chickamauga and Durham Railroad Company shall also have power to indorse or guarantee the payment of the bonds of said Chickamauga Coal and Iron Company, and to secure its indorsement or guarantee by a mortgage or trust deed on its franchises and property. Power to unite with Chickamauga Coal Iron Co. In issuing joint bonds, etc. May indorse, etc., bonds of Chickamauga Coal Iron Co. SEC. IV. Be it further enacted, That said Chickamauga and Durham Railroad Company shall have power to lease or sell its franchises, road and property; provided , nothing in this Act shall be construed to permit any lease or sale having a tendency to lessen or defeat competition. May lease or sell its franchises, etc. But not so as to affect competition. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved September 18, 1891. INCORPORATING ATLANTA, AMERICUS AND FLORIDA RAILWAY COMPANY. No. 460. An Act to incorporate the Alanta, Americus and Florida Railway 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 N. B. Ousely, John G. McPhaul, Robert Beardon, J. W. Hopson, Mitch Brice and A. T. MacIntyre, Jr., and their associates, successors and assigns, are hereby created a body politic and corporate under the name and style of the Atlanta, Americus and Florida 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 appoint or elect all 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 or future line of some other railroad in said county, or such of them as said company may deem fit, to-wit: Clayton, Fayette, Meriwether, Talbot, Marion, Taylor, Schley, Sumter, Lee, Worth, Colquitt, Thomas and Brooks counties, to the Florida line, by the most direct and practicable route, to be judged by them, to the city

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of Tampa, Florida; 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 of the above mentioned counties, to some point or such of them as said company may see fit, to some point on the State line of Florida, by the most direct and practicable line or route, to be judged by them, and in the direction of the city of Tampa, Florida, or some other point near said city of Tampa; and shall 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 or all of the counties heretofore named, 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 in either of the counties. Corporation. Corporate name and general powers. Routes etc. SEC. II. Be it further enacted, That the capital stock of said railroad company shall be one hundred thousand dollars, and the same may be increased to any sum not exceeding twenty-five thousand dollars per mile of said line 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 laws of said company; that said Board of Directors shall elect from their number a president and vice-president, who shall perform such duties as may be conferred on them by said laws, and said Board of Directors shall elect all other officers of said company needed to conduct its business. Directors and officers. 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 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, secure subscriptions, until the capital stock is fully subscribed for. Books of subscription. SEC. V. Be it further enacted, That as soon as the capital stock of one hundred thousand dollars, herein provided for, is subscribed for, the incorporators herein named, and a majority of them, shall call together the persons who have subscribed for the same, for the purpose of organizing the said company; and the said subscribers shall adopt by-laws for the government of said company, and elect a Board of Directors to manage the affairs 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. Organization, etc. 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

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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 to exceed one hundred feet in width, and may excavate an embankment thereon, and take as much of such land therefrom 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 the laws of Georgia, and may construct its road across or along any stream of water, to use the same, or any water-course or street, canal or right-of-way, which its road shall intersect or touch, but the right to use such privileges and rights-of-way shall be determined by arbitration in the usual manner, and 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 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 sums or sum of money at such rate, and on such terms, as its Board of Directors may 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 track, 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, as security or in settlement or payment of its bonds or debts of any kind. Examinations and surveys. Property rights. Right of way. Crossing, etc., streams, streets, etc Buildings, etc. Borrowing money, etc. SEC. VII. Be it further enacted, That the Atlanta, Americus and Florida Railroad Company shall have the power to sell, lease, assign or transfer its stock, property or franchise to, or consolidate the same with, those of any other railway company which has been incorporated, and which will connect with and form a continuous line from Atlanta direct to the city of Tampa, Florida, or some point near the city of Tampa, or some point on the Atlantic coast in Florida, or some point on the Gulf or Mexico, in Florida; provided , that this charter shall be null and void if said company fails to build and have in operation ten (10) miles of said road within four years from the grant of this charter. Said company shall not sell, lease or rent its line or road to any competing company or road, and shall not become the purchaser or lessee of any competing line or road. Sale, lease, etc., to other roads Unless ten miles in operation within four years charter void. May not sell, etc., to competing company. SEC. VIII. Be it further enacted, That said company shall have all the powers granted in section 1689(l) of the Code of Georgia of 1882, but nothing herein contained shall be construed to give said company any power to take or damage private property till

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just and adequate compensation has first been paid: nor shall said company have the right to take, use or cross any public street or highway until the consent of city or county authorities, as the case may be, has first been obtained. Disputed right of way etc. SEC. IX. Be it further enacted, That the principal office or place of business of said corporation shall be either in the city of Atlanta, Fulton county, or Americus, Sumter 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 (30) thirty years. 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 September 18, 1891. INCORPORATING GEORGIA, VIRGINIA AND BALTIMORE RAILROAD COMPANY. No. 161. An Act to incorporate the Georgia, Virginia and Baltimore 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 William A. Hemphill, Frank P. Rice, Henry L. Wilson, Benjamin M. Hall, Clement A. Evans, citizens of this State, and their associates, successors and assigns, are hereby created a body politic and corporate under the name of the Georgia, Virginia and Baltimore Railroad Company, and by that name may sue and be sued, plead and be impleaded, in any court of this State; may contract and be contracted with; may have, use and change a common seal; may make by-laws, not contrary to the law of this State; acquire, hold, use and convey real and personal property; exercise all powers and privileges herein grauted, as well as all those which shall be necessary to the proper and lawful transaction of its business, according to the laws of this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said company is hereby empowered to survey, locate, lay out, construct, equip, maintain and operate a railroad from any part of the city of Atlanta, in the county of Fulton, or from any point on the line of some other railroad in said county, to any point on the line which divides the States of Georgia and North Carolina, in either Fannin, Union, Towns or Rabun counties, and through or into the counties of Fulton, DeKalb, Cobb, Gwinnett, Milton, Cherokee, Forsyth, Pickens, Hall, Dawson, Gilmer, Lumpkin, White, Fannin, Union, Towns, Rabun, or any of said counties or adjoining counties, together with branches of said railroad, into or through any of said counties and other counties of this State, and to connect wherever desired with

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any railroad now constructed, or to be constructed hereafter, and the construction and operation of said road may be begun at any point on its line, and continued in the direction of any terminus. Routes etc. SEC. III. Be it further enacted, That for the purposes aforesaid, the said company is hereby empowered to enter upon the land of any person or corporation, and cause examinations and surveys to be made for its proposed lines and branches; to acquire, hold, use, lease, mortgage or otherwise lawfully to have, hold and convey any real estate or other property for the survey, construction, maintenance and operation of its railroad, and for depots, shops, terminal facilities, connections with other railroads, and all other objects necessary to its business; also to locate and define its right-of-way, not exceeding two hundred feet in width, and may excavate and embank thereon, and for the purpose of construction, operation and maintenance of its road, may take gravel, earth and other material, cut down trees that may by falling obstruct its railroad; may construct and operate its railroad across, along and upon any stream of water, and use said stream of water, and across, along and upon any canal, street, public road and other railroad which its railroad may intersect or touch; also to cross at level grade, or over, or under, or join with any railroad now or hereafter constructed, and to run over the right-of-way of any such railroad company to its freight and passenger depots, shops and grounds in any city, town or place through which said railroads may run; to construct, maintain and operate all necessary turnouts, sidings, switches, buildings, fixtures, machinery and other conveniences in its railroad business; to take and carry persons and property over its railroad with compensation therefor allowed by the laws of this State, and to use steam, electricity, animal and any mechanical power either now known or hereafter discovered and invented; provided , that in all cases where these powers are exercised over the private rights of any person or corporation due compensation shall be made therefor according to the provisions of this Act, and where no provision is made, then according to the general law of this State; provided, also , that said company shall obtain the consent of the proper authorities of any county or incorporated town or city before using, changing or crossing any street or public road. Examination and surveys. Property rights. Right of way, etc. Buildings, etc. Motive power. Compensation for private property. Consent of proper authorities necessary to use, etc., streets or public roads. SEC. IV. Be it further enacted, That when said company and any person or corporation through or on whose lands it is desired said railroad or depots, shops or other appurtenances shall be constructed or maintained, or material obtained, do not agree on the amount to be paid by the company for the right-of-way or title to the land or material desired, then it shall be lawful for the company to construct and maintain and operate its railroad and other property on the land belonging to other persons or corporations, and the right-of-way and tracks of other railroads, upon tendering to the said owners thereof, or to the legal representative, just and reasonable compensation; and said compensation, if not agreed on by the parties, shall be fixed and determined, as provided in section 1689(l) of the Code of Georgia, 1882, and said company is vested with all the powers and privileges therein contained; provided , that

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nothing in this Act shall be construed to authorize said company to take or damage any private property until just and adequate compensation shall have been paid therefor. Disputed right of way. SEC. V. Be it further enacted, That the principal place of business of said company shall be in the city of Atlanta, in this State, but branches of the same may be established wherever it may determine. The capital stock of said company shall be one hundred thousand dollars, and the same may be increased, from time to time, by a majority vote of the stockholders assembled in convention, to any amount not exceeding twenty thousand dollars per mile of the lines of said railroad, divided into shares of one hundred dollars each, and said company may commence business whenever there has been a bona fide subscription of fifty thousand dollars to its capital stock. Books of subscriptions may be opened by the persons herein named as corporators, or by the Board of Directors, and subscriptions may be received and are made valid in the form of a general contract or by promissory notes, or in lands or other property, or in any lawful form determined by said corporators or directors. Said subscriptions may be made in installments as agreed on, and if any subscriber shall not pay any installment for which he is liable in sixty days after the same shall have become due, and after demand and notice of the same shall have been published once each week for four weeks in the newspaper containing the Sheriff's advertisements published in the county of Fulton, said stock, with all the payments previously made thereon, may be forfeited to the company by the directors; or the company shall have, or may exercise at its option, a right of action to recover the amount of all such and other subscriptions to its capital stock that have fallen due. No stockholder shall be liable for any act or debt of said company except to the amount of his unpaid subscription. Principal and branch offices. Capital stock. Beginning business. Stock subscriptions. Liability of stockholders for debts of corporation. SEC. VI. Be it further enacted, That said company is hereby empowered to borrow money at lawful rates of interest, in such manner and terms as it may determine, and to make and issue its promissory notes and bonds to such an amount, and at any rates of interest not exceeding seven per cent. per annum, payable at such times and places as it may determine, and may secure the payment of the principal and interest of said notes and bonds by executing deeds of mortgage or deeds of trust, or other lawful instruments on its railroad and branches, its real, personal or other property, its franchises and all other rights of property, either in the whole or any part thereof, and also to make and issue preferred stock, as may best serve the purposes of said company. Borrowing money, etc. SEC. VII. Be it further enacted, That the business of said company shall be managed by a Board of Directors, not exceeding fifteen in number, who shall be elected annually by the stockholders in convention, and in all meetings of the stockholders each stockholder shall be entitled to one vote for each share of stock owned by him. All elections for directors shall be by ballot, and the votes in all cases may be cast in person or by proxy duly given in writing. The above named corporators are hereby appointed and

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authorized to act as directors until another board shall be elected and qualified, but they shall call a convention of stockholders to meet at the principal office of the company within one year from the time the company shall commence business. The present and all other Boards of Directors shall have power to adopt a corporate seal, to make by-laws, make contracts, receive subscriptions to stock and collect the same. They shall elect from their own number a president of said company, and appoint all other officers, agents and employees of the company, fix salaries and other compensations, fill vacancies in their own body, and generally do all things not otherwise ordered by the convention of stockholders. Directors. Votes of stockholders, etc. Temporary directors, etc. Powers of directors. Officers. SEC. VIII. Be it further enacted, That said company shall have the right and power to unite and consolidate its railroad, franchises and rights with other railroad or railroads and their franchises and rights, either now or hereafter incorporated, and to lease, purchase or otherwise acquire other lines of railroad; provided , such lease or purchase or consolidation shall not have the effect, or be intended to have the effect, to defeat or lessen competition in their respective business, or to produce injurious monopoly; provided further , that if any lease, purchase or consolidation of this road with another shall have the effect to defeat or lessen competition, or produce monopoly, it shall work a forfeiture of charter. Union or consolidation with other railroads. Lease purchase, etc., of other railroads. But not so as to affect competition. SEC. IX. Be it further enacted, That said company is hereby empowered to exercise the rights and franchises herein conferred for and during the term of fifty years, with the privilege of remaining the same on the expiration of that time. Term of charter. SEC. X. Be it further enacted, That unless ten miles of said road are completed and operated within five years from the grant of this charter it shall work a forfeiture of the same without judgment of court, and in the event said charter or its franchises are transferred or assigned in any way before the completion of said ten miles, it shall likewise work a forfeiture of charter. Unless ten miles in operation within five years charter void. No transfer, etc., of charter before completion of ten miles. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 18, 1891. AMENDING CHARTER MIDDLE GEORGIA AND ATLANTIC RAILWAY COMPANY. No. 476. An Act to amend the charter of the Middle Georgia and Atlantic Railway Company by changing the location of the principal office of said corporation from Machen, in Jasper county, Georgia, to Savannah, in Chatham county, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of said State, That from and after the passage of this Act, that part of the charter of said railway company embraced in section 7 of the original Act

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incorporating the Eatonton and Machen Railroad Company, approved September 9, 1889, the name of which company was afterwards changed to Middle Georgia and Atlantic Railway Company, by Act approved October 16, 1889, be amended by striking out the words Machen, in Jasper county, and by inserting in lieu thereof the words Savannah, in Chatham county, so that, as amended, said section 7 of said charter shall read as follows: Section 7. Be it further enacted by the authority aforesaid, That the principal office of said corporation shall be located at Savannah, in Chatham county, Georgia. Principal office changed from Machen to Savannah. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 19, 1891. AMENDING CHARTER NACOOCHEE VALLEY RAILROAD COMPANY. No. 478. An Act to amend an Act entitled An Act to incorporate the Nacoochee Valley Railroad Company, and to define its rights and privileges, and for other purposes, approved December 20, 1888. 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 8 of an Act entitled an Act to incorporate the Nachoochee Valley Railroad Company, and to define its rights and privileges, and for other purposes, approved December 26, 1888, be amended by striking out the word three, in the thirteenth line of section 8, and inserting in lieu thereof the word six, so that said section, when so amended, shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That all the powers given to railroad corporations mentioned in section 1689(i) of the Code of Georgia of 1882 shall be, and they are, incorporated into, and made a part of this Act, and that section 1689(l) of the said Code as to how rights-of-way may be obtained, etc., be, and the same is, incorporated in full in this Act and made a part of it; and that all the powers and privileges mentioned in said section (i and l) may be exercised by said company; provided , that nothing in this charter shall be construed to give to said company the right to take or damage any property till just and adequate compensation has been first paid; provided , that this charter shall be void unless the organization is effected and work begun within six years from the passage of this Act; provided , said company shall not have the right to take, use or cross any public street or highway, until the consent of the city or county authorities, as the case may be, having charge thereof, shall have first been obtained. Charter amended so as to give six years within which to organize and begin work.

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SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be repealed. Approved September 19, 1891. AMENDING CHARTER ABBEVILLE AND WAYCROSS RAILROAD COMPANY. No. 479. An Act to amend an Act entitled an Act to incorporate the Abbeville and Waycross Railroad Company, to define its rights and powers and privileges, and for other purposes, approved November 12, 1889, so as to authorize and empower the said Abbeville and Waycross Railroad Company, to construct and maintain a line of railroad from the line of its present railroad to Brunswick, Georgia, to ratify and confirm the rights and privileges granted in said Act, and to extend and grant the same to the line of road herein authorized to be constructed. 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 Abbeville and Waycross Railroad Company, granted by an Act of the General Assembly, approved November 12, 1889, be, and it is, hereby amended so as to authorize and empower the said Abbeville and Waycross Railroad Company to survey, lay out, construct, equip, maintain and operate a line of railroads from any point on its present line of railroad, either in the county of Wilcox, Irwin or Coffee, extended through the counties of Wilcox, Irwin, Coffee, Ware, Appling, Pierce, Wayne and Glynn, and to and into the city of Brunswick, in Glynn county, State of Georgia. Extension to Brunswick authorized. SEC. II. Be it further enacted, That all the rights and privileges heretofore granted to the said Abbeville and Waycross Railroad Company are hereby confirmed and ratified, and are hereby extended and granted to the line of railroad herein authorized to be constructed. Rights, etc., heretofore extended to new line. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 19, 1891.

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AMENDING CHARTER FAIRMOUNT VALLEY RAILROAD COMPANY. No. 480. An Act to amend the charter of the Fairmount Valley Railroad Company, and for other purposes, approved November 4th, 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 as to section 3, clause fifth, by striking out the following words: provided , that the road hereby authorized to be built shall not be allowed to cross any other railroad at a grade level, but such crossing shall be over or under such other railroad tracks, 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, and inserting in lieu thereof the words, provided , that the crossing of other railroad tracks by said Fairmount Valley Railroad shall be governed by the Code of Georgia as to stopping of trains before making such crossing, so that said clause of said section, when amended, shall read, 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 steam 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 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 the 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; provided , that the crossing of other railroad tracks by the road hereby authorized to be built shall be governed by the Code of Georgia as to stopping of trains before making such crossing. Charter amended as to crossing tracks of other roads. SEC. II. Be it further enacted, That section 9 of said charter be amended by striking out the words fifty dollars, in said section, and inserting therefor the words one hundred dollars, so that said section 9, when thus amended, shall read: Section 9. 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

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to open books of subscription to the same. Each share of said stock shall all have a par value of one hundred dollars, and the holder thereof shall be entitled to one vote in the meetings of stockholders of said company. Par value of 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 19, 1891. INCORPORATING SAVANNAH AND OCONEE RAILROAD COMPANY. No. 484. An Act to incorporate the Savannah and Oconee Railroad Company, to define its rights, privileges, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That DeWitt C. Bacon, Horace P. Smart, Martin F. Amorous, and such other persons as they may associate with them, and their successors and assigns, be, and they are, hereby constituted a body politic and corporate under the name and style of the Savannah and Oconee Railroad Company, and by that name are made capable in law to sue and to be sued, to plead and be impleaded in any court with proper jurisdiction, and are made capable in law to use a common seal, and the same to alter at pleasure; to make, ordain and establish such by-laws and regulations as they may deem expedient and necessary to carry into effect the purposes of this incorporation, not inconsistent with the laws of the State of Georgia, and of the United States; to have and to purchase, take by gift, grant or otherwise, and enjoy such real and personal property, goods and effects, as may be necessary and proper to carry into effect the rights and powers herein granted, and generally to do and perform all such acts, matters and things as may appertain to a corporation of like character, and to have continuous succession as such for the term of thirty years. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the said corporation be, and it is, hereby authorized and empowered to survey, lay out, construct and equip, as well as maintain and operate, a railroad from any point in the county of Chatham, on the Savannah river, to any point on the Oconee river, in the county of Laurens, and by such route between the said points direct or with such circuity as the said corporaration

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may deem most practical for the convenient and advantageous location of said road; to construct, maintain, equip and operate any number of branch railroads from any points on the line of said railroad so to be constructed to any point in this State, and to own, construct, and maintain station houses, depots, yards, docks and wharves, with such land as may be necessary or convenient for them. Routes etc. SEC. III. Be it further enacted, That the said corporation may build its railroad and branches upon a right-of-way not exceeding one hundred and fifty feet in width, but may enjoy, by contract or agreement spaces of as much greater width as it may deem necessary or convenient for its purposes; that for the further purpose of stations, depots, yards, warehouses, docks, wharves, etc., it may have and hold so much land as may be necessary and convenient; that it may enter upon the land, make surveys, cut down the trees upon the right-of-way, make excavations, embankments and bridges, and take as much land for the purpose of getting gravel, sand and material as may be necessary for the proper construction of the said railroad and branches; provided , nothing herein contained shall be construed to allow said company to take or damage any private property till just and adequate compensation has been first paid, and further, the said corporation shall have power as follows, viz.: To construct its railroad and branches across and along any water-course, and along or across any railroad which the route of its railroad shall intersect or touch; to cross, intersect, unite or join its railroad and branches thereon with any railroad heretofore or hereafter to be constructed, at any point on its route, or upon the ground of any other railroad company, with the necessary turnouts, sidings and switches, and other conveniences necessary to the construction of the railroad, and may run over the right of way of any other railroad for its passenger depot, etc., in any city, town or village through which the said railroad may run, and to take and convey persons and all manner of property over said railroad by the use of steam, or horse, or mechanical power, and to receive compensation therefor, and do all things necessary to a railroad business, and to erect and maintain convenient buildings, wharves, docks, stations, fixtures, machinery, whether with in or without a city, town or village, for the accommodation and use of their passengers and their business, and borrow such sum or sums of money, at such rate of interest not contrary to law, and upon such terms as such corporations or its Board of Directors may agree upon or deem necessary and expedient, and execute one or more trust deeds or mortgages,

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or both if occasion may require, on its railroad and on its other property to secure the same; provided , that said company shall not be authorized to occupy, use or cross, with its road or buildings, any public road or street without first obtaining the consent of the county and town or city authorities. Right of way, etc. Crossings, etc., water-courses and other railroads. Union, etc., with other railroads, etc. Motive power, etc. Borrowing money, etc. May not use, etc., public road or street without consent of proper authorities. SEC. IV. Be it further enacted, That said corporation shall have all the rights and privileges granted in section 1689(l) of the Code of Georgia. Disputed [Illegible Text] of [Illegible Text], etc. SEC. V. Be it further enacted, That the capital stock of said corporation shall be two hundred and fifty thousand dollars, which may be increased, from time to time, by its Board of Directors, as they may deem expedient and necessary, to such sum or sums, not exceeding three and one half million dollars, which shall be divided into shares of one hundred dollars each, and the said corporation may commence work when ten per cent. of the subscribed capital stock shall have been paid in. Capital stock. Beginning word. SEC. VI. Be it further enacted, That any three of the corporators above named, by giving ten days' notice in a newspaper published in the city of Savannah, may organize the corporation: that books of subscription may be opened by said corporators named, or any three of them, in the city of Savannah, or elsewhere, as they may determine, and subscriptions to the capital stock of said company may be made in promissory notes or other form that may be selected, or paid in cash, and certificates of stock shall be issued to the person paying one share for each hundred dollars of one hundred dollars, and no certificates shall be issued for less than one share. Organization. Stock subscriptions. SEC. VII. Be it further enacted, That the principal office of said corporation shall be in the city of Savannah, in the State of Georgia. Principal office. SEC. VIII. Be it further enacted, That the corporation shall have power to make and issue bonds for such amount of money, in such denominations and for such rate of interest, not exceeding seven per centum per annum, payable at such times and places as it may determine, and to secure the payment of the principal and interest of said bonds, mortgages or deeds of trust on its railroad, real and personal property, franchises and all other property may be made and delivered. Bonds etc. SEC. IX. Be it further enacted, That any three corporators above named may call a meeting of the subscribers to the stock by giving ten days' notice in a newspaper published in the city of Savannah; provided , two hundred and fifty thousand dollars is subscribed bona fide , and by

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parties who are responsible, to the capital stock of said company. The business and affairs of said railroad company shall be managed by a Board of Directors of nine directors, who shall be elected annually by the stoockholders, a majority of which board shall be residents of this State. The first election shall be held by the stockholders at such time and place as they may determine by a notice published ten days in any newspaper published in the city of Savannah, and thereafter at such time and place as may be prescribed by the laws of the corporation. In all meetings of the stockholders, each stockholder shall be entitled to as many votes as he has shares. All elections shall be by ballot, and the votes cast in person or by proxy duly given in writing. Meeting of stockholders. Directors. First election of. Vote of stockholders. SEC. X. Be it further enacted, That the Board of Directors shall elect from their number a president of said corporation, and elect or appoint such other officers, agents and employees as they may deem necessary and proper to carry on the business of said company. The president and Board of Directors shall have power to conduct and control all business except as to matters expressly ordered otherwise, 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 payments 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 published in said city; 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 the power to adopt a corporate seal, to make by-laws and regulations and declare dividends, but the stockholders shall have the power to regulate and manage the powers of the board and modify and change the by-laws. Officers. Power of President and directors. SEC. XI. Be it further enacted, 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, but no share shall be transferred until the sum of one hundred dollars shall have been paid in full to the company. Transfers of stock. SEC. XII. Be it further enacted, That said corporation shall have full power and authority to carry its said railroad and branches over and across all rivers, creeks and water-courses that may be in the route thereof, by suitable bridges, banks, or other proper means. Crossing streams. SEC. XIII. Be it further enacted, That said corporation shall have authority to connect its said railroad and branches with any other railroad built, or to be built, and to lease its

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said railroad and branches, with its appurtenances, privileges and franchises, to any other corporation, company or person, and to sell said railroad and its appurtenances, with the privileges and franchises of said corporation; and the lessee or purchaser shall have the right to exercise, use and enjoy all the powers, rights and privileges of the said corporation; provided , that nothing herein contained shall be construed to allow said company to sell, lease or transfer, or otherwise dispose of its rights and franchises, until ten miles of its road have been completed fully; nor shall any of its rights or franchises be leased, sold, transferred or otherwise disposed of so as to defeat or lessen competition. Connection with other railroads, etc. But not allowed to sell, etc., its franchises, etc., until ten miles built. Nor so as to affect competition. SEC. XIV. Be it further enacted, That the said corporation shall have authority to charge and receive compensation, at reasonable rates, for transportation of freight and passengers, as well as for storage, dockage and wharfage. Compensation for carrying freight and passengers and for storage etc. SEC. XV. Be it further enacted, That this charter shall be void unless ten miles of the railroad provided for herein shall have been built and equipped within five years from the date of the passage of this Act. Unless ten miles built, etc., within five years charter void. SEC. XVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 21, 1891. INCORPORATING GEORGIA MINERAL RAILROAD COMPANY. No. 485. An Act to incorporate the Georgia Mineral 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 Charles McEwen, C. H. Smith and George W. Adair, their successors and assigns, be, and are, hereby created a body politic and corporate, under the name and style of The Georgia Mineral Railroad Company, and in that name may sue and be sued, plead and be impleaded, make by-laws, appoint all necessary officers, agents and servants; may accept, purchase, hold and convey any real or personal property necessary for the purposes hereinafter prescribed; may make contracts, have and use a common seal, and do other acts incident thereto and necessary for the control, promotion and transaction of the said business. Corporators. Corporate name and general powers.

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SEC. II. Be it further enacted, That said company is hereby authorized and empowered to survey, lay out, locate and construct a railroad from the city of Atlanta, in the county of Fulton, through the counties of Fulton, Milton, Forsyth, Cobb and Cherokee, all or any of them, to Canton, or the vicinity thereof, with privilege of building such spurs, branches and extensions as the said company may see proper, and of operating the same; and also the privilege of connecting with such other roads as have been or may be built. Route, etc. SEC. III. And be it further enacted, That for the purpose of developing the minerals and mineral properties in the counties aforesaid, and marketing said minerals, the said railroad company shall have the right to purchase, lease and operate mineral properties; to erect and operate furnaces, smelting works, washers and plant machinery necessary for the working and reduction of said minerals, and to transport the products of said mines, quarries, furnaces and works over said railroad. Right to purchase, lease, etc., mineral properties, etc. SEC. IV. Be it further enacted, That in order to carry out the provisions of the 2d and 3d sections of this Act, the said company is hereby authorized and empowered, 1st. To enter upon the land of any person for the purpose of surveying and selecting the best route for said road. Surveys. 2d. To take and hold such grants and donations of real estate or other property as may be made to aid said company in the construction of its road. Donations of property 3d. To purchase, hold and use all such real estate or other property as may be necessary for the construction and operation of its road, and for depot grounds, yards, side-tracks, shops and other terminal facilities, and to sell, lease or buy any property necessary for the purposes of said company. Property rights. 4th. To lay out its road, the right-of-way thereof not to exceed one hundred and fifty feet wide, and to construct said road in such manner as may be proper; and in case it should be necessary to go outside of said right-of-way for material for said construction, to take such additional land and to cut down all dangerous trees outside of said right-of-way, making compensation for said extra land and trees as provided by law. Right of way, etc. 5th. To construct its road along any stream or water-course in such manner as not to obstruct the navigation of any navigable stream; and said road may cross any other railroad or railroads, and may run over any part of the right-of-way of any other railroad or railroads when necessary or proper; and the said company may acquire the right by condemnation, as provided in this Act for condemnation of

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rights-of-way to reach proper and available locations for its depots and terminal facilities; and said corporation shall have authority to connect its tracks with the tracks of other railroads at its terminal points, and to lay out such side-tracks and switches as are necessary to connect with other roads and to reach the depots aforesaid. Crossing, etc., streams, railroads, etc. Connecting with tracks of other railroads, etc. 6th. To cross, intersect or join its tracks with any road, now or hereafter constructed, at any point upon its route, or upon the ground of any other railroad company, with the necessary turnouts and switches, and may run over any part of any other railroad's right-of-way necessary to reach its own freight depot in any town or city through or near or to which its road may run. 7th. To convey persons and property over its road by steam, electricity or other mechanical power, and to receive compensation therefor, and to do all these things that are incident to railroad business. Motive power, etc. 8th. To erect and maintain all necessary buildings, depots, shops, machinery and fixtures, within or without town or city limits, for the use and accommodation of the freight and passenger business of said road. Buildings, etc. 9th. To regulate the time and manner in which persons and property shall be carried over said road, and the compensation therefor, subject to the existing laws of this State; provided , no public road or street shall be taken, used or crossed without the consent of the county or municipal authorities; and provided , said charter shall remain in force for the term of fifty years. Carriage of persons and property. No public road or street to be taken, etc., without consent of proper authorities. Terms of charter. SEC. V. Be it further enacted, That in case this company cannot obtain the lands necessary for its right-of-way, depots, side-tracks, shops or other legal and proper purposes, from the owners thereof, by purchase, lease or contract, it shall be lawful for this company to take and use the lands of others, upon paying to the owner thereof, or to his or her legal representative, just and reasonable compensation therefor, which, when not otherwise agreed on, shall be assessed and determined as prescribed in section 1689(l) of the Code of Georgia, but no property shall be taken or damaged without just compensation being first paid to the owner thereof. Disputed rights of way, etc. SEC. VI. 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 seven directors, as may be determined by the incorporators, and said officers shall be chosen as hereinafter prescribed. Officers. SEC. VII. Be it further enacted, That for the first five years after the passage of this Act that the incorporators herein

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named, and those whom they may associate with them, shall be, and they are, hereby declared the directors of said company, with power, in the event of the death or resignation of either or any of them, to elect a successor or successors, who may in turn fill vacancies in the same manner; and it is further enacted, that the president shall be elected by the Board of Directors, either from their own number or from the stockholders. Corporators directors for first five years. First president. SEC. VIII. Be it further enacted, That the Board of Directors shall have full power and authority to make any and all rules pertaining to the selection of officers, agents and employees, and shall select such as they may deem proper. They shall have power to make any contract they may deem proper for the interest of the road; to borrow money for the company to any amount not to exceed two and one-half million dollars ($2,500,000); to issue bonds therefor, said bonds to be secured by mortgage or mortgages upon the whole or any part of the property of said company, its rights and franchises; such bonds shall only be issued whenever the Board of Directors, or a majority of them, shall so direct by resolution entered upon the minutes of said board, which resolution shall fully determine the character and amount of said bonds and mortgages. Powers of directors. Bonds. SEC. IX. Be it further enacted, That the capital stock of said company shall not be less than fifty thousand dollars ($50,000), and may, by resolution of the directors, be increased to one million if deemed proper. The Board of Directors are hereby authorized to open books of subscription to the same. Each share of stock shall have a par value of one hundred dollars, and each stockholder shall be entitled to one vote for each share of stock held by him, in the stockholders' meetings of said company. Subscriptions to stock may be paid in property if deemed proper by the directors, and at such valuation as may be agreed upon. Capital stock. Subscriptions to stock. 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 a quorum of the stockholders in convention assembled, under such rules and regulations as are usual in such cases. The directors so elected shall elect the president from their own number. Successors to first directors. To first president. SEC. XI. Be it further enacted, That said railroad company may consolidate with any other railroad company chartered under the laws of Georgia; provided , such consolidation shall not have the effect of lessening competition in the transportation of freight or passengers. Consolidation with other railroads.

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SEC. XII. Be it further enacted, That all rights, powers, privileges and immunities granted herein shall cease and determine unless said company shall, within five years from the passage of this Act, have built and in running order at least ten miles of said road. Unless ten miles built within five years charter void. SEC. XIII. Be it further enacted, That this corporation shall have no power to transfer its charter until ten miles of its road are built and ready for the rolling-stock. No transfer of charter until ten miles built. SEC. XIV. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved September 21, 1891. AMENDING CHARTER LOUISVILLE BRANCH RAILROAD COMPANY. No. 491. An Act to amend an Act entitled an Act to amend an Act to charter the Louisville Branch Railroad Company, approved August 14, 1879, so as to authorize the Board of Directors to extend said road, change the name, and for other purposes. SECTION I. The General Assembly of the State of Georgia [Illegible Text] enact, That from and after the passage of this Act the second section of the above recited Act, which reads as follows, That said company shall have the power and authority to survey, lay out, construct and equip, operate, and use and enjoy a railroad from Louisville, Georgia, to Wadley, on the Central Railroad of this State, be, and the same is, hereby amended, so that said section shall read as follows, to-wit: Said company shall have power and authority to survey, lay out, equip, operate, use and enjoy a railroad from Louisville, Georgia, to Wadley, Georgia, and may extend the same from Louisville through the counties of Jefferson, Burke and Richmond to the city of Augusta, or to a connecting point with some other railroad entering into Augusta; and may also extend the same from Wadley, in a southerly or southwesterly direction through the counties of Jefferson, Johnson, Emanuel and such other counties as may be necessary to reach the Florida line at some available point, or to a connecting point with some other railroad of this State intersecting with said route at a point satisfactory to the Board of Directors of said company, said extension, in either direction, to be made by a resolution of the stockholders of said railroad company. Extensions authorized. SEC. II. Be it further enacted, That for the purpose of such extensions said company may purchase or lease any other railroad and its franchises in this State, the line of which is practically coincident with the line over which said extension is to be made, or may consolidate with said road on any terms that will not operate to defeat competition. Purchase or lease of or consolidation with other railroads.

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SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 26, 1891. INCORPORATING AMERICUS TRANSIT COMPANY. No. 505. An Act to incorporate the Americus Transit Company, and for other purposes. WHEREAS, B. P. Hollis, W. L. Glessner, John Windsor, B. F. Nysemander, L. I. Lowman, W. E. Hawkins and H. R. Johnson have applied to the General Assembly of Georgia for a charter incorporating them, their successors and associates under the name of the Americus Transit Company, with power to construct, maintain and operate a railroad upon and along the hereinafter mentioned streets of the city of Americus, in the county of [Illegible Text], and with the other powers usually incident to such corporations; and Preamble. WHEREAS, It appears that the Mayor and City Council of said city of Americus 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 B. P. Hollis, W. L. Glessner, John Windsor, B. F. Nysemander, L. I. Lowman, W. E. Hawkins and H. R. Johnson, 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 Americus Transit Company, and by that name shall have perpetual succession, and sue and be sued, and have and use a common seal. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of the said company shall consist of four hundred (400) shares of the par value of one hundred dollars each, amounting in the aggregate to forty thousand dollars, with the privilege to increase the same at a meeting or meetings of the stockholders to be specially called for that purpose, to any amount not exceeding two hundred thousand dollars, and the incorporators or a majority of them named in this Act shall have power 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 two hundred shares have been subscribed, and when ten per centum on the amount of stock subscribed has been paid in, the stockholders may select 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 so elected of said company, when it shall have been 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 which are intended to be hereby given,

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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 such increase upon the payment of the par value of the same. Capital stock. Books of subscription. Organization. Directors. Rights of stockholders as to increase of stock. SEC. III. And be it enacted, That the directors shall be elected annually by the stockholders on the first Monday of November, and shall hold 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 for that reason be dissolved, but it shall be lawful on any other day to hold such election in such manner as may be provided by the by-laws of the company. At all such elections and at all meetings of the stockholders, each share of stock shall be entitled to one vote. Election of directors. Votes of stockholders. SEC. IV. And be it enacted, That the directors of the 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 tenure of office; to make by-laws, not inconsistent with law, for the management of the property and regulation of the officers of the company, and for the transfer of its stock; for the payment of subscription 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 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, amend 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. President and other officers. By-laws, etc. Dividends. 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 subscriptions to the capital stock. Liabilities of stockholders for debts of corporation. SEC. VI. And be it further enacted, That the said company be, and is, hereby authorized and empowered, subject to such conditions and regulations as may have been provided by the Mayor and City Council of the city of Americus, to construct, maintain and operate a railway, with single or double tracks and turnouts, turn-tables, side-tracks and switches, as and when whenever the same may be necessary or convenient, through, on and along any or all of the streets of said city of Americus 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 by consent of the county authorities, or for any such extension of lateral branch beyond the said corporate limits, and the said company

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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. Route etc. Right of way. SEC. VII. And be it further enacted, That the Americus Transit 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 in the construction, maintenance and accommodations of its roads, but the real estate received by voluntary grant shall be held and used for the purpose of such grant only; to purchase, hold and use all such real estate as may be necessary for the construction and maintenance of its roads and the stations, wharves, docks, terminal facilities and all other accommodations to accomplish the objects of its incorporation, and to sell, lease or buy any land necessary for its use; to cross, intersect 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's right-of-way necessary or proper to reach its depot; 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 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 and property 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 rates of interest and upon such term 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 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 shall 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 and appurtenances used in connection with its railroad, as security for any other bonds, debts or sums of money that may be secured by such deed or mortgage, as they shall 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 sales taken place. Such purchaser or purchasers, their associates, successors or

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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 corporation, with all the powers, privileges and franchises conferred by, and be subject to the provisions of this Act. Voluntary grants of realty. General property rights. Crossing intersecting, etc., other railroads. Sidings etc. Motive power, etc. Buildings, etc. Transportating. Borrowing money, etc. SEC. VIII. And be it further enacted, That all powers, rights, privileges and immunities hereby granted shall cease, terminate and be void unless said company shall, within five years from the passage of this Act, build, equip and put in permanent operation at least one-half mile of said railroad, and said railroad company shall not sell or lease any of its franchises and rights until at least one mile of its road has been completed, nor shall any such sale or lease be made if said sale or lease shall lessen competition. Unless one half mile put in operation within five years charter void. May not sell or lease franchises, etc., until one mile completed, etc. 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 September 26, 1891. INCORPORATING SMITHVILLE AND HAWKINSVILLE RAILROAD COMPANY. No. 508. An Act to incorporate the Smithville and Hawkinsville Railroad Company, to define its powers, rights and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That W. C. Gill, E. Taylor, T. J. Ray, J. F. Martin and John S. Bryan, and their associates, successors, and assigns be, and they are, hereby incorporated and made a body corporate and politic under the name and style of The Smithville and Hawkinsville Railroad Company, and by that name they shall have continuous succession, and shall be able and capable to contract and be contracted with; to sue and be sued, to plead and be impleaded; and may have and use a common seal, and the same at will may alter, may make, change, and repeal by-laws, and shall have all the powers, facilities franchises and rights necessary or proper to successfully accomplish and maintain the object of its incorporation; it may purchase, condemn and acquire such rights-of-way as may be necessary or proper, as hereinafter provided; and may acquire by purchase such real estate as it may deem proper, and shall have power to issue script for stock, borrow money, issue bonds and secure the same by mortgage or deed of trust. Corporators. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That said corporation shall have power and authority to construct, build, lay out, own, equip, operate and maintain a railroad from Smithville,

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in Lee county, Georgia, to Hawkinsville, in the county of Pulaski, by such route as to said corporation may seem most desirable and practicable, through the counties of Lee, Sumter, Dooly and Pulaski, or such of them as the route selected may traverse. Route. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be forty thousand dollars, and may, by a majority vote of the stockholders, be increased to a sum not exceeding one million dollars, which said capital stock shall be divided into shares of one hundred dollars each, and that said railroad corporation shall be authorized to organize and begin business when twenty per cent. of the capital stock shall be in good faith subscribed. The principal office and residence of said company shall be Smithville, Georgia. Capital stock. Beginning business. Principal office. SEC. IV. Be it further enacted by the authority aforesaid, That all the rights, privileges, powers and franchises conferred on the Athens and Columbus Railroad Company, under and by virtue of an Act of the Legislature approved October 13th, 1885, be, and the same are, hereby fully bestowed and conferred on the Smithville and Hawkinsville Railroad Company, as fully and completely as if the same were herein expressly set out as in said Act. This provision to cover the entire provisions of said Act, not inconsistent herewith as to the mode of organization, the power of corporators, the taking of stock, and the number and power of directors, power of expropriation and mode of condemning land, and of arbitrations thereunder, and in every other particular as far as applicable, as if fully herein set out; provided , that nothing in the charter shall be construed to authorize or empower said company to take or damage any private property until just and adequate compensation be first paid; provided further , that said company shall not take, use or damage any public road or street until the consent of the county or city authorities having charge thereof shall have first been obtained; provided further , that said company shall not have the right to sell, lease, convey or otherwise transfer any of its rights, powers, privileges or franchises, so as to defeat or lessen competition or create monoply; provided further , that said company shall not have the right to own or acquire any real estate or other property, except as is necessary and proper for railroad purposes; provided further , that unless ten miles of said railroad is built and equipped in five years from the passage of this Act, that this charter shall be null, and all the rights and privileges herein granted shall cease and be of no effect. Rights conferred on Athens and Columbus Railroad Co., by Act of Oct. 13, 1885, conferred on this railroad company. May not take, etc., private property without compensation. Nor use, etc., public roads or street without consent of authorities Nor sell, lease, etc., so as to affect competition. Nor own, etc., realty except when necessary. Unless ten miles built in five years charter void. SEC. V. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved September 29, 1891.

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INCORPORATING THOMSON AND LINCOLNTON RAILROAD COMPANY. No. 509. An Act to incorporate the Thomson 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 Thos. E. Watson, John T. West, Thos. A. Scott, C. H. Ellington and John E. Smith, of the county of McDuffie, and Thos. A. Hamilton, of Birmingham, Ala., Thos. H. Remsen, J. E. Strother, W. A. Boyd, A. E. Strother and George C. Hogan, of the county of Lincoln, their successors and associates be, and they are, hereby incorporated under the name of Thomson and Lincolnton Railroad Company, and by that name to have succession, to 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 and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be fifty thousand dollars, with the privilege of increasing same to two hundred thousand, by a vote of a majority of the stockholders, whenever deemed necessary for the purpose of this Act; that said capital 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. SEC. III. Be it further enacted, That said corporation shall have the right to commence operations, and exercise all rights, powers and functions and privileges granted by this charter as soon as the sum of fifteen thousand dollars has been bona fide subscribed on the books of said corporation and twenty per cent. paid in. Beginning 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, or of the United States. Directors and officers By-laws, etc. SEC. V. Be it further enacted, That said corporation shall have authority to construct, lay out, maintain, equip and operate a narrow gauge railroad or a wide gauge railroad, or a dummy line, to be afterwards changed into a wide or narrow gauge railroad, from the

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town of Thomson, in McDuffie 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 wide, 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; 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 owners. Route, etc. Right of way, etc. SEC. VI. Be it further enacted, That section 1689(l) 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 methods of proceeding to condemn such property in certain cases therein stated, be, and the same is, hereby made part of this charter, together with any and all amendments to said section of the Code, and the same is incorporated into the same, and all the powers, rights, privileges and franchises set forth and described in said section, together with any and all amendments to such section, may be fully 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. Disputed rights of way, etc. SEC. VII. Be it further enacted, That said corporation shall be authorized to build such branches along the main line in said counties of McDuffie and Lincoln as may be desirable in the judgment of the Board of Directors, said branches to be either wide gauge or narrow gauge, or dummy railroad, 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 rights-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. Branches. SEC. VIII. Be it further enacted, That the principal office of said corporation shall be located at Thomson, in McDuffie county, Georgia, or at such other point on its main line as may be deemed best by the 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, deeds in fee simple, with bond for title back, or may execute any other incumbrances, as may be deemed proper by the Board of Directors, upon the property

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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. Borrowing money, etc. SEC. X. Be it further enacted, That said corporation shall be authorized to construct its railroad across, along or upon any streams of water, water-course, street highway or canal which the routes of said road 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 corporators, in constructing said railroad or dummy line, 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 railroad, as may be deemed expedient by its Board of Directors, under the usual rules applicable thereto. Crossing, etc., streams, streets, etc. Crossing other railroads. 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 (corporators), 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 subscription, 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. Temporary directors. Stock subscriptions. 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 and qualified. At all such meetings a majority of the stockholders present in person or by written proxy shall constitute a quorum for the transaction of its business, but no person not a stockholder shall be capable of holding such written proxy. A majority of the directors shall constitute a quorum, and whenever a director shall cease 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 in said board until a meeting of the stockholders next thereafter. Stockholders' meetings. Directors. SEC. XIII. Be it further enacted, That this charter shall continue for fifty years from the date of the passage of this Act; provided , that this charter shall be void unless the organization is effected and five miles of said road is graded and cross-ties laid down and ready for the iron and rolling stock within five years from the passage of this Act; provided further , that the privileges granted in

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this charter shall not be transferred until at least five miles of said road are graded, cross tied and ironed and ready for the rolling stock, it matters not whether it shall be constructed for a wide or narrow-gauge railroad or dummy railway line; and provided further , that the right of consolidation with any other railroad shall not be exercised until the same condition is complied with; provided , that nothing in this charter shall be construed to give to said company the right to consolidate said road with any other railroad, so as to defeat or lessen competition. Term of charter. Unless five miles ready for iron within five years charter void. Privileges not to be transferred until five miles built. Nor consolidation with other roads permitted. 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. No consolidation affecting competition. Approved September 29, 1891. INCORPORATING BRUNSWICK, LAGRANGE AND NORTHWESTERN RAILROAD COMPANY. No. 515. An Act to incorporate the Brunswick, LaGrange and Northwestern 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 James H. Tannin, W. J. Weeks, E. B. Lewis and W. B. Burroughs, 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 Brunswick, LaGrange and Northwestern 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 company, and to sell or 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 oranization. Corporators. Corporate name and 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 six 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

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shall be entitled to one vote for each share held, owned or legally represented by him, and the share 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. Liability of stockholders for debts of corporation. 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 Brunswick, Georgia, or some point in Glynn county Georgia, in a northwesterly direction, as near as may be practicable, for the construction of said road upon a route that shall be most advantageous and desirable, through all or any one of the followwing counties of the State of Georgia, to-wit: Troup, Meriwether, Harris, Talbot, Taylor, Macon, Houston, Dooly, Pulaski, Wilcox, Irwin, Coffee, Appling, Ware, Pierce, Wayne, Charlton, Camden and Glynn, through or near LaGrange to the State line of Georgia and Alabama; 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 examination 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 or crossed without the consent of the proper authorities thereto; and shall have the power to acquire and use, by condemnation or 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 are necessary for the purpose of reaching the union, or its freights and passenger depots; provided , that no side-track of any other road shall be taken without the consent of said road. Route, etc. Examinations and surveys. Property rights. Right of way, etc. 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

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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 subscription to the capital stock, and enforce payment thereof by suit in the name of the company, or by a forfeiture of the stock, or by other appropriate means; to manage and control said railway; to elect a president (from their own number), and such other officers as they may deem necessary; to provide for the employment of any attorneys, agents or employees they may desire, and fix the compensation of all such persons and officers; to adopt rules, regulations and by-laws, and do all such other acts usual in such cases. Organization. Directors, officers, etc. 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. Branches. Buildings, etc. SEC. VIII. Be it further enacted, That said company shall have the right and power to consolidate with its railroad and franchises any other road or roads, and to lease, purchase and acquire other lines of railroad now or hereafter to be incorporated under the laws of Georgia; provided , this shall be done in accordance with the Constitution and laws of Georgia, and does not lessen competition or create monopoly. Consolidation with or purchase, lease, etc., of other roads. But not so as to affect competition. 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. Borrowing money, etc. 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, dockyards, elevators or compresses as it may deem necessary. Steamships, vessels, etc. Wharves, etc.

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SEC. XI. Be it further enacted, That section 1689(l) of the Revised Code of this State (edition 1882), and all the powers, rights, privileges and provisions set forth in said section, be, and the same are, hereby made part of this charter; provided , that said company shall not take or damage any private property till just and adequate compensation be first paid. Disputed rights of [Illegible Text] etc. 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 Brunswick, LaGrange and Northwestern 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. No transfer of franchises, etc., until ten miles built. 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. Unless ten miles in operation within five years charter void. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 29, 1891. AMENDING CHARTER CARROLLTON STREET RAILWAY COMPANY. 576. An Act to amend an Act to incorporate the Carrollton Street Railway Company of Carrollton, Georgia, and to define its rights, powers and duties, and for other purposes, approved November 8th, 1889, by authorizing said company to extend its line to any point in Fulton county, Georgia, or on the Western and Atlantic Railroad, and to consolidate with any other railroad company and allowing an increase of the capital stock. SECTION I. Be it enacted by the General Assembly of Georgia, That the Act incorporating the Carrollton Street Railroad Company, described in the above caption, be, and the same is, hereby amended so as to authorize said company to extend its railroad from any point on its line of road in Carroll county, by any route it may select in Fulton county, or any point on the Western and Atlantic Railroad. Extensions authorized. SEC. II. Be it further enacted, That the above recited Act be, and is, hereby so amended, as to authorize the said company to combine and consolidate its rights, franchises and railroad with the rights, franchises and railroad of any other company, upon such terms as may be agreed upon by the directors; provided , that such combination or consolidation does not have the effect to defeat or lessen competition or create monopoly. Combination or consolidation with other railroads. But not so as to affect competition.

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SEC. III. Be it further enacted, That the above recited Act be further amended, so as to allow said Carrollton Street Railway Company, by its directors, from time to time, as deemed proper or necessary, to increase the amount not to exceed one million dollars. Increase of capital stock. 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 29, 1891. INCORPORATING McRAE, OCILLA AND SOUTHWESTERN RAILROAD COMPANY. No. 521. An Act to incorporate the McRae, Ocilla and Southwestern 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 Charles K. Buckley, J. S. Suydam of the State of New York, M. Henderson, T. B. Young, J. W. Paulk, Jehue Fletcher, J. L. Paulk, J. M. Paulk, J. S. Dunwody, J. A. J. Henderson, A. L. Ryals, H. J. Smith, I. M. McRae, J. B. Harrison, Tom Eason and C. B. Parker of the State of Georgia, 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 McRae, Ocilla and Southwestern 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 interest of said company, together with such other powers as are herein conferred, as well as those which by the laws of this State are conferred generally on incorporations doing business in this State. Corporators. Corporate name and 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 McRae, in the county Telfair, via Ocilla, in the county of Irwin, to Thomasville, in the county of Thomas, traversing the counties of Telfair, Irwin, Berrien, Brooks, Colquitt and Lowndes, 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 lines between McRae and Thomasville, 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

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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 railroad terminal facilities, and all other accommodations necessary to accomplish the object 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 more than one hundred and fifty 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 the 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 the 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. Examinations and surveys. Property rights. Right of way, etc. Borrowing money, etc. 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 a 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. Beginning work. 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 of promissory notes, or other forms as may be selected, of 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 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

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laws of said company, or they may have a right of action to recover any such installment as may be called in said subscription of stock. Stock subscriptions. SEC. VI. Be it further enacted by the authority aforesaid, That when said company and any person or corporation through 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 owner thereof, or to his or their authorized representatives, just and reasonable compensation for the right-of-way of needed lands, which compensation, when not agreed on, shall be fixed and determined in the manner prescribed in section 1698(l) of the Code of Georgia of 1882; provided , no property shall be taken or damaged until just and adequate compensation have been made. Disputed right of way, etc. SEC. VII. Be it further enacted by the authority aforesaid, That the principal office of said company shall be in the city of McRae, in the county of Telfair, 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 McRae, 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 payments of dividends as may best subserve the purposes and interest of said company. Bonds, etc. SEC. IX. Be it further enacted by the authority aforesaid, That the business and affairs of said railroad company shall be managed by a board of 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 Telfair, 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 McRae. 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 ballots, 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. Directors. Vote of Stockholders. Vacancies.

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SEC. X. Be it further enacted by the authority aforesaid, That the first and all future Board 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 employees, as they may deem necessary and proper to carry on the business of said company. The president and Board of Directors shall have power to conduct and control all the business and affairs of 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 city of McRae, 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 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 other officers. Powers of president and directors. Forfeiture of stock, etc. By-laws, etc. 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. Transfers of stock. SEC. XII. Be it further enacted by the authority aforesaid, That the stockholders in said railroad company shall, in their private capacity, be bound to any creditor of the company for the amount of 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 for debts of corporation. 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 the 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 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. Unless ten miles built within five years charter void. No transfer of rights, etc., before ten miles in operation. Nor sale or lease to competitive road. SEC. XIV. Be it further enacted, That said corporation shall make terms with the municipal authorities, or the county authorities before using, taking, or crossing any streets or public highway therein. Consent of authorities necessary to use, etc., of streets or public highways. SEC. XV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 29, 1891.

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CHANGING NAME INDIAN SPRING RAILROAD COMPANY. No. 540. An Act to change the name of Indian Spring Railroad Company to the Indian Spring and Flovilla Railroad Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the charter of the Indian Spring Railroad Company be so amended as to read Indian Spring and Flovilla Railroad Company wherever its name occurs in said charter. Name changed etc., to Indian Spring Flovilla Railroad Co. SEC. II. Be it further enacted, That all the powers, privileges and obligations conferred by the charter of Indian Spring Railroad Company be conferred on the Indian Spring and Flovilla Railroad Company. Powers, etc., conferred by charter confirmed to company under new name SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be repealed. Approved October 5, 1891. INCORPORATING WASHINGTON AND MIDDLETON RAILROAD COMPANY. No. 567. An Act to incorporate the Washington and Middleton 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 Georgia, That from and after the passage of this Act, that L. H. O. Martin, W. H. Mattox, John W. McCalla, W. H. Heard, E. B. Heard, Z. A. Tate, W. E. Tate, R. F. Wright and John C. Shannon, of the county of Elbert, and Frank H. Calley and M. A. Pharr, Jr., of the county of Wilkes, State of Georgia, or a majority of them, are hereby constituted a body corporate and politic, by the name and style of the Washington and Middleton Railroad Company, and shall have power, by that corporate name and style, to sue and be sued, to plead and be impleaded, in any court, to contract and be contracted with, to have and use a corporate seal, to purchase, receive, have, hold, use, possess and enjoy property, real and personal, necessary and proper for the use of said railroad company, and to sell, dispose of, alien and convey such real and personal property as may not be required in its business; to fix and receive such reasonable rates and charges for the carriage of passengers and freight as said corporation may determine, and generally, to do all acts for successfully carrying into effect the purposes of its organization. Corporators. Corporate name and 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 five hundred thousand dollars. Capital stock.

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SEC. III. Be it further enacted, That when the sum of fifty thousand dollars shall have been subscribed to its capital stock of said company, the corporators, or a majority of them, shall give ten days' notice to the subscribers, by publication in some newspaper published in the county of Wilkes and Elbert, of the time and place of meeting of said stockholders and the corporation herein named, for the purpose of organization under their charter, at which meeting there shall be elected, from the corporators herein named, a president, vice-president, secretary and treasurer, and a board of not less than three directors, to serve for twelve months from the date of their election and until their successors are elected and qualified; and said officers and directors shall have power to make and adopt by-laws for the government of the board and said railroad company, and in this election of officers and directors each stockholder shall be entitled to one vote for each share of stock owned by him; provided , that in the organization of this company no person shall be an officer or director in the same unless he shall be a stockholder as well as a corporator, nor shall any stock be voted in said organization until ten per cent. of the same has been duly paid in, nor in subsequent elections until all installments called for by the directors shall have been paid. Organization. First election of officers. Vote of stockholders. SEC. IV. Be it further enacted, That said company shall have the right and power to construct, build, maintain, equip, establish, operate and use a railroad of such gauge as said company may decide, from Washington, in Wilkes county, to Middleton, in Elbert county, a point on the Georgia, Carolina and Northern Railroad about seven miles east of Elberton, passing through the counties of Wilkes and Elbert, by the way of Anthony Shoals on Broad river, the right-of-way of said railroad no to exceed two hundred feet. Route. SEC. V. Be it further enacted, That said company shall have all the powers and be subject to all the restrictions set forth in section 1689(l) of the Code of 1882; provided , that said company shall not take or damage any private property until just and adequate compensation has been first paid. Disputed right of way, etc. SEC. VI. Be it further enacted, That the corporators herein named shall have power to act as a Board of Directors until fifty thousand dollars of capital stock shall be subscribed, as herein provided for, and organization of the corporation, in accordance with the requirements of this Act, fully perfected. Temporary directors. SEC. VII. Be it further enacted, That said railroad company may contract, loan or borrow money, mortgage, etc., property, real or personal, and its franchise, loan or sell such franchise and said property, and generally do and perform any Act not inconsistent with the laws of this State, and shall have power and authority to consolidate its road and franchise with any other railroad company, now or hereafter to be incorporated. Borrowing money, etc. Consolidation with other railroads. SEC. VIII. Be it further enacted, That said railroad company shall have the right and authority to cross any other railroad in this State, and to condemn so much of the right-of-way of any such road as may be necessary for said company, either as road-bed or for terminal facilities, paying such other company such compensation

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as may be determined by a jury to be selected and sworn, as herein provided for the assessment of value of land; provided , that in the exercise of their privilege said railroad company shall not transgress any law of this State, or encroach upon the chartered privileges of any railroad now chartered and in operation in this State. Crossing, other railroads, etc. SEC. IX. Be it further enacted, That said railroad company shall have power to locate depots, establish towns, water-tanks, section-houses, warehouses, compresses and any and all other buildings and machinery that may be necessary for the construction and operation, and for other purposes; may receive donations in money, land or property of any kind that may best contribute to the interest of its construction and operation. Depots, etc. Donations. SEC. X. Be it further enacted, That said railroad company shall have power to make and issue bonds to such amount in such denomination and for such rate of interest, not exceeding eight per cent., payable at such times and places as said company may determine, and secure the payment of the principal and interest of said bonds by mortgages or deeds of trust of the railroad, real and personal property, franchises and all other rights; also, the right to issue preferred stock and for preferences in the payment of dividends, as may best subserve the interest of said company. Bounds, etc. SEC. XI. Be it further enacted, That in the event of the failure of said corporation, its stockholders shall be bound in their private capacity to any creditor of said company for the amount of stock subscribed for by him until said subscription is fully paid up or until the stockholder shall have paid out of his private funds debts of said corporation to an amount equal to his unpaid subscription. Liability of stockholders for debts of corporation. SEC. XII. Be it further enacted, That this charter is forfeited on failure to build or equip five miles of said road in five years from this grant, and no sale or assignment of this charter or any of its franchises shall be valid till the construction of five miles of said road, and no assignment or transfer of any of the rights, powers, privileges or immunities of this charter to a competing line shall be valid, but the same shall be void; provided , said company shall not have the right to take, use or cross any public street or highway until the consent of the county or city authorities having charge thereof shall have first been obtained. Unless five miles built within five years charter forfeited. No sale, etc., of franchises before construction of five miles. Nor to a competing line. May not cross, etc., public streets or highways without consent of authorities SEC. XIII. Be it further enacted, That all laws in conflict herewith be, and the same are, hereby repealed. Approved October 6, 1891.

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INCORPORATING SOQUE AND TALLULAH RAILROAD COMPANY. No. 575. An Act to incorporate the Soque and Tallulah River Railroad Company, to confer certain powers and privileges on said company, to define the powers 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 H. V. M. Miller, E. P. Howell, M. C. Kiser and H. L. Culberson, of the county of Fulton; R. K. Reeves, of the county of Clarke; James W. Robertson, William M. Berry, J. P. Wilson, E. P. West, George W. Clayton, E. M. Clayton, James P. Phillips and C. T. Willbanks, of the county of Habersham; LaFayette Arvendale, John F. Smith and J. M. York, of the county of Rabun, State of Georgia, and such other persons as they may hereafter associate with them, who shall all be stockholders, and their successors and assigns be, and they are, hereby created a body politic and corporate, under the name of the Soque and Tallulah River 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 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 and 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 Cornelia, in the county of Habersham, or as near thereto as a survey shows to be most practicable, by way of the Porter Manufacturing Company, the Soque Manufacturing Company and Clarkesville, in Habersham county, and Burton, in Rabun county, to some point on the line between Georgia and North Carolina, the same to run in a northerly direction from Cornelia, Georgia, through Habersham and Rabun counties, to the North Carolina line. Route. SEC. III. Be it further enacted by the authority aforesaid, That for the purpose of surveying, constructing, maintaining and operating said line of railroad, the said company is empowered to cause such examinations and surveys to be made

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of the proposed line between Cornelia and said point on the North Carolina line, in the county of Rabun, as shall be necessary to the selection of the most practical 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, 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; lay out its line of railroad not more than two hundred feet in width, and for cutting and filling, for obtaining stone or other material, to take as much land as may be necessary for proper security and construction of said railroad, and to remove all obstructions from the right-of-way of said road, paying compensation for the same in the manner hereinafter prescribed; to cross, intersect, join or unite with any other railroad heretofore, or hereafter constructed at any point in its route; to take and carry persons and all manner of property over their road by use of steam or other mechanical power, and to receive compensation therefor, and to do all things necessary to a railroad business; to erect and maintain convenient buildings, stations, fixtures, 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, provided , that said company shall not take possession of or occupy or cross the streets of any city or town, or any public road without the consent of the authorities of the city, town or county. Examinations and surveys. Property rights. Right of way, etc. Crossing, union, etc., with other railroads, etc. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be $100,000, divided into shares of $100 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 subscribed capital stock shall have been paid in. Capital stock. Beginning work. SEC. V. Be it further enacted by the authority aforesaid, That books of subscription may be opened by the Board of Directors at such place or places as they may deem best,

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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 persons paying on the basis of one share for every one hundred dollars so paid, but no certificate shall be issued for less than one share. That all subscriptions to the capital stock shall be payable in such installments as shall be agreed upon, and if any stockholders 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 , said forfeiture is authorized by the by-laws of said company, or they may have a right of action to recover any such installments as may be called in said subscription of stock. Stock subscriptions. SEC. VI. Be it further enacted, That said company shall have all the rights and powers granted in section 1689(l) of the Code of 1882, so far as relates to the condemnation of rights-of-way; provided , that said company shall not have the right to take or damage any private property till just and adequate compensation be first paid. Disputed rights of way, etc. SEC. VII. Be it further enacted by the authority aforesaid, That the principal office of said company shall be in the town of Clarkesville, but the Board of Directors may cause the same to be changed to any other point on said road by giving thirty days' notice of such change in a newspaper published in Clarkesville, 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 an amount, in such denominations, and at 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 principal and interest of such bonds by mortgage or deeds of trust of its railroad, real and personal property, franchise and all other rights of property; also, to make and issue preferred stock and give preference in the payment of dividends as may best subserve the purposes and interests of said company. Bonds, etc. SEC. IX. Be it further enacted by the authority aforesaid, That the business and affairs of said railroad company shall be managed by a board of seven directors, who shall be elected annually by the stockholders. The first election for said directors shall be held by the stockholders at such time

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and place as shall be agreed on by a majority of the stockholders, after advertising the same for four weeks in a newspaper, published in Clarkesville, Ga., or if no paper there, then one published in the town nearest thereto. In all meetings of stockholders each stockholder shall be entitled to one vote for every share of stock owned by him or her. All votes shall be by 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. Directors. Votes of stockholders. Vacancies. 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 employees as they may deem necessary and proper to carry on the business of said company. The president and Board of Directors shall have power to conduct and control all the business and affairs of 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, under penalty of forfeiting shares of stock subscribed for and all previous payments thereon. 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 other officers. Powers of president and directors. SEC. XI. Be it further enacted by the authority aforesaid, That the stock in said company shall only be transferable on the books of said company under regulations to be prescribed in the by-laws. 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 on the debts of said company an amount equal to his unpaid subscription for stock, and not otherwise. Liabilities of stockholders for debts of corporation. 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 thirty years; provided , if five miles of said road are not constructed within ten years, then this charter shall be void. Term of charter. Unless five miles constructed within ten years charter void. SEC. XIV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891.

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AMENDING CHARTER SAVANNAH STREET AND RURAL RESORT RAILROAD COMPANY. No. 590. An Act to amend an Act to incorporate the Savannah Street and Rural Resort Railroad Company, approved September 22d, 1883, to change the name of said corporation, to increase its capital stock, 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 body corporate existing under the laws of this State, by the name and style of the Savannah Street and Rural Resort Railroad Company, shall be known and called by the name and style of the Savannah Street Railroad, and all the rights, powers, privileges and immunities whatsoever now enjoyed by said body corporate shall continue unaltered and unimpaired except as herein provided. Name changed to Savannah Street Railroad SEC. II. Be it further enacted, That every contract of every nature and of every kind whatsover entered into by said body corporate, whether such contract be one obligatory on said body corporate, or be made to be performed or executed by any person or persons, or other body corporate, to said body corporate herein referred to, shall, after the passage of this Act, although made in the name of the Savannah Street and Rural Resort Railroad Company, be held, taken and esteemed, in law and equity, as made in the name of the Savannah Street Railroad, and be sued and recovered accordingly, and that the effect of no contract, whatsoever, be changed by reason of the change of name herein provided for. Contracts by company under old name taken as if made in new. SEC. III. Be it further enacted, That all suits now pending by or against said body corporate, by the name of the Savannah Street and Rural Resort Railroad Company, shall be carried on and prosecuted to final judgment, execution or determination in and by that name, notwithstanding the change of name hereby made and authorized. After the passage of this Act suits at law or in equity by or against said corporation, whether on promises, agreements or contracts, made in the name of the Savannah Street and Rural Resort Railroad Company, or in the name of the Savannah Street Railroad, shall be commenced, carried on and prosecuted in the name of the Savannah Street Railroad. Pending suits. Future suits. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said company may be increased,

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from time to time, to any sum, not exceeding seven hundred and fifty thousand ($750,000.00) dollars, and may be divided into shares of one hundred dollars each, whenever it may be deemed expedient by a majority of the Board of Directors of said corporation for the time being. Increase of capital stock. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 6, 1891. INCORPORATING SOUTHOVER STREET RAILROAD COMPANY. No. 598. An Act to incorporate the Southover Street Railroad Company, to confer certain rights, powers and privileges on the same, and for other purposes connected therewith. SECTION I. The General Assembly of the State of Georgia do enact, That Joseph L. Whatley, Charles H. Olmstead and 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 Southover Street Railroad Company, and by such corporate name shall be capable in law of buying and holding real and personal property for railroad purposes, of making contracts, suing and being sued, making by-laws and doing all lawful acts incident to a corporation and necessary and proper for the transaction of business of said railroad company for which it is to be incorporated, of having and using a common seal, and of altering or destroying the same at pleasure. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said company shall be fifteen thousand dollars, divided into shares of one hundred dollars each, but may be increased to two hundred thousand 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 equipments belonging to said corporation securing same by mortgage of its property. Capital stock. SEC. III. Be it further enacted, That the said corporation be, and is, hereby authorized and empowered to make contracts,

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build and maintain a railroad for the transportation of produce, merchandise and passengers, of suitable width and dimensions, by the most convenient and direct route, from a point within or adjacent to the limits of the city of Savannah, southward through Montgomery street extended, and a new private way lately constructed through the land formerly belonging to J. S. Baynard, to such a point at or near and south of the intersection of the Charleston and Savannah and the Savannah, Florida and Western Railways, and on or adjacent to a private way or road known as the Ogeechee avenue, as may be acquired or obtained as a terminus, with the privilege of constructing branches from its main line to and through the lands of the Southover Land and Improvement Company, upon such terms as may be agreed on between said railroad company and said land and improvement company; also, a branch or branches through any street or streets in the subdivision of lands known as the Coburn tract and Desverges tract, belonging to J. L. Whatley, and lands of Minis and others, to a point at or near the three-mile post on the Ogeechee road; also, a branch to Vernon Park and to White Bluff, in Chatham county, or to either or both; also, a branch on said Ogeechee road, from said point, by the most convenient route, to a point at or near the intersection of Best street and Montgomery street, with the further privilege of constructing and operating a branch or branches of said railroad through the following streets, or through any one or more of them: Anderson, Henry, Duffy, New Houston, East Broad, Bay, Broughton, South Broad, West Broad, Montgomery, Ogeechee Road, Ogeechee avenue, Centre, Florence and Eleventh streets, on such terms and conditions as may be consented to by the City Council of Savannah and said company; provided , however, that if said company shall fail to commence work within one year, and complete its track within two years from the date of said grant, upon any of the aforesaid streets, avenues or roads, then said grant shall lapse and be void; it is further provided , that said company shall have the right to buy or lease any other road now built or that may hereafter be built, and 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 hereinafter provided for, when not otherwise agreed upon for a right-of-way, not exceeding in width one hundred feet; and when the lands of any land-owner occupies both sides of the track, said company

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shall, when required by the land-owners, make and maintain a suitable, proper and safe crossing at such a point on said land as such land-owner may designate; provided , that no public road shall be used or occupied without the consent of the proper authorities of Chatham county. Routes, etc. Failure to begin work within one and complete track within two years grant void. Purchase of lease of other roads Turnouts, etc. Right of way, etc. 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 the Code of Georgia of 1882; provided , that said railroad company, on complying with the law as to condemnation of property, shall have the right to cross the tracks of the Savannah, Florida and Western Railroad, at grade level, at the small end of Y on the Savannah, Florida and Western Railroad about three miles from the city of Savannah. Disputed right of way etc. Crossing tracks of S. F. W. R. R. 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. Intersecting public roads. SEC. VI. Be it further enacted, That said company may operate said railroad by steam, electricity, horse power, or by any other equally safe and speedy motive power now known or hereafter discovered, and shall have the exclusive use of said railroad for its cars or other conveyances; and if said company shall permit others to use the same, it shall be empowered to receive and collect such toll for the use of the same as may be determined and fixed by said company. Motive power, etc. SEC. VII. Be it further enacted, That said corporation, as soon as ten per cent. of the capital stock shall have been paid in, shall elect a Board of Directors, who shall elect, at their first meeting after such organization, one of their number as president, who shall receive such compensation as 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, and the selection of all other officers and employees of the company 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. Organization. SEC. VIII. Be it further enacted, That the Board of Directors of said company may call for further installments on each share whenever necessary for the interests of said company, not exceeding one hundred dollars in all on each share, giving at least ten days' notice of such call; and any and all stockholders failing to pay any installment so called

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for in thirty days after the time designated by said call for payment, shall be liable to have his stock sold by said company upon simple notice to said stockholder ten days, before the sale, in writing, said sale to take place before the court-house door in Chatham county, on the first Tuesday in the month, between the legal hours of sale; and the proceeds of said sale, after the payment of all auctioneer's fees and other expenses, shall be returned to the delinquent stockholder, and at all such sales the company may be a bidder and purchaser of the stock, and the same may be disposed of as the Board of Directors shall determine. Stock subscriptions. SEC. IX. Be it further enacted, That certificates of stock shall be issued to stockholders on the payment of the sum required at the time of subscription, which shall be transferable on the books of the company by the shareholder or his attorney or legal representative. Transfers of stock. SEC. X. Be it further enacted, That said company shall be empowered to carry said railroad, or any branch thereof, over, to and across all or any marshes, islands, rivers, creeks and water-courses that may be in the route thereof by any suitable bridges or other 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. Crossing, etc., marshes, creeks etc. 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 and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891. INCORPORATING MADISON AND EATONTON DUMMY LINE COMPANY. No. 85. An Act to incorporate the Madison and Eatonton Dummy Line 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 authority of the same, That from and after the passage of this Act, J. H. Holland,

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I. P. Gibbs, J. K. Wright, C. B. Markham, G. D. Perry, T. C. Holland, J. D. Tweedy, of the county of Morgan; and H. H. Cogburn, Richard Terrell, T. J. Ingram, R. A. Reid, E. B. Ezell, I. H. Adams, Jr., of the county of Putnam, and such other persons as may be associated with them and their successors and assigns, be, and they are, hereby incorporated by the name and style of the Madison and Eatonton Dummy Line Company, and by that name may sue and be sued, plead and be impleaded, in any court of law or equity in this State; may have and use a common seal, may make and repeal by-laws and elect all officers, and shall have all the powers, facilities and franchises necessary and proper to successfully accomplish and maintain the objects of its incorporation; it may purchase, condemn and acquire such rights-of-way as may be necessary and proper to the full exercise of the franchise herein conveyed, and may acquire by purchase such real estate as may be necessary, and shall have power to borrow money issue bonds and secure the same by mortgage or deed of trust, as hereinafter provided for. Corporators. Corporate name and general powers. SEC. II. Be it enacted as aforesaid, That for the organization of said company, said persons hereinbefore named, or any five of them, shall have power to open books of subscription under such regulations as they may direct, and when as much as twenty thousand dollars to the capital stock of said company has been subscribed they may appoint a time and place, or a meeting of the stockholders, of which fifteen days notice shall be given in some public gazette in the State, at which time and place said stockholders may proceed to the election of seven directorsone of which shall be elected president, and said president and directors shall hold their office for one year, or until their successors are elected. At all meetings of the company each stockholder shall be entitled to one vote for each share held by him or her. One hundred dollars of the capital stock shall constitute a share. The capital stock of the company, after twenty thousand dollars has been subscribed in money, may be increased by subscription of money, lands, material for construction or labor; the value of subscription other than money shall be fixed by the officers of said company, which shall consist of a president, vice-president and five directors; the capital stock of the company shall not exceed two hundred thousand dollars. Books of subscription. Organization. Votes of Stockholders. Par value. Increase of capital stock. Officers, Stock not to exceed two hundred thousand dollars SEC. III. Be it further enacted by authority aforesaid, That said company shall have full power and authority to survey, lay out, construct and operate a dummy line from the city of Madison, in Morgan county, the State of Georgia, to the

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city of Eatonton, in Putnam county. All questions concerning the right-of-way between said compauy and owners of land along said line shall be tried and determined according to the general laws of the State of Georgia for the incorporation of railroads and to regulate the same; provided , said road shall not be built upon or occupy any public road or street without the consent of the county and city or town authorities. Route. Right of way, etc. SEC. IV. Be it further enacted by the authority aforesaid, That when twenty thousand dollars has been expended in constructing said dummy line the company may issue bonds to the amount of five thousand dollars per mile on said road so graded, and secure the same by mortgage or deed of trust on all the property and franchises of the company. The money realized from the sale of said property shall be applied to the building or equipping of said dummy line. The company shall have power to lease, sell and convey the property and franchises of the company to any person or corporation, either before or after the completion of the road, on such terms as may be agreed on by them; the purchasers thereof shall acquire no title unless they shall complete and operate the road in a reasonable time thereafter; provided , that said road shall not lease, sell or convey said road, or any part of its franchises, before five miles of said road has been fully completed; nor shall said road or any of its franchises be leased, sold or conveyed, so as to defeat or lessen competition. Bonds, etc. Lease, sale, etc., to others. Not until five miles completed. Nor so as to affect competition. SEC. V. Be it further enacted by the authority aforesaid, That said company shall charge and collect reasonable compensations for carrying freight and passengers over its road, and to do any and all things needful to the successful operation and construction of said road, not inconsistent with laws of the State. Tolls, etc. SEC. VI. Be it further enacted, That the powers and privileges herein granted shall be, and remain, of force for the space of thirty years; provided, nevertheless , this charter shall be void unless five miles of said road shall be built within five years. Term of charter. Unless five miles built within five years charter void. SEC. VII. Be it further enacted by authority aforesaid, That all laws in conflict with this Act, or any of its provisions, are hereby repealed. Approved October 9, 1891.

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AMENDING CHARTER ALBANY AND BAINBRIDGE RAILROAD COMPANY. No. 604. An Act to amend an Act to incorporate the Albany and Bainbridge Railroad Company, to define its powers and duties, and for other purposes, approved October 24, 1887. SECTION I. The General Assembly of Georgia do enact, That the first section of the above recited Act be amended by striking from said section the name P. W. Jones, and insert in lieu thereof the name of J. O. Perry; also to strike out the name of W. E. Smith, and insert in lieu thereof the name of A. W. Muse, as incorporators of said railroad, so that said section, when amended, shall read as follows: Section 1. 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. B. B. Bower, J. D. Harrell of Decatur county, R. S. McCullum, R. L. Mims, J. H. Bodiford, Reuben Jones and J. O. Perry of Baker county, A. W. Muse and J. W. Walters of Dougherty county, and such other persons as may be associated with them, their successors and assigns, be, and they are hereby created a body politic and corporate by the name and style of the Albany and Bainbridge Railroad Company, and in and by that name may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this State or the United States; may make by-laws and appoint all necessary officers, and prescribe their duties, and accept, purchase, hold and convey any property, either real or personal, necessary for the purposes hereinafter mentioned; may make contracts, have and use a common seal, and do other lawful acts, properly incident to and connected with said corporation, and necessary for the control and transaction of its business; provided , that their by-laws are not repugnant to the Constitution and laws of this State or of the United States. Change of corporators. SEC. II. Be it further enacted, That section 5 (V) of said Act be amended in the twentieth line of the printed Acts, page 273, by striking out the word fifty, and inserting in lieu thereof the words twenty-five; also, amend section 5 (V) in the twenty-fourth line, by striking out the word five, and inserting in lieu thereof the word fifteen, so that said section, when amended, shall read as follows: Section 5. Be it further enacted, That for the organization of said company, said persons hereinbefore named, or a majority of

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them, shall have power to call a meeting of the corporators herein named, who shall elect a president and five directors for said company, who shall hold their office for twelve months from the time of their election, or until their successors are elected, and the said corporators may prescribe in their by-laws for future elections, the time and place for holding same, and who shall be qualified to vote at same. The Board of Directors shall have power to fill all vacancies which may occur in the Board, unless otherwise provided for in the by-laws of said company. The directors elected, as herein provided, may appoint times and places at which subscriptions for stock in said company may be taken, and every person or corporation or body politic subscribing at any such places, or at any time afterwards under the direction of the directors or a majority of them, shall be stockholders in said company, and shall pay in the stock so subscribed, at such times and in such amounts as the by-laws or regulations of said company may require; that said company shall not begin operations, nor let contracts, nor incur any liabilities until the sum of twenty-five thousand dollars of stock has been bona fide subscribed, and ten per cent. of such subscription shall have been paid in cash; provided , this charter shall be null and void, unless as much as ten miles of said railroad is constructed and in operation within fifteen years after the passage of this Act. When company may begin business. Charter void unless ten miles built within fifteen years. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 9, 1891. INCORPORATING WAYNE SOUTHERN RAILROAD COMPANY. No. 609. An Act to incorporate the Wayne Southern Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the the State of Georgia, and it is hereby enacted by authority of the same, That John W. Weed, Andrew H. Mickle, George B. Mickle, Effingham Lawrence, A. J. Crovat and Bolling Whitfiled, their associates, successors and assigns, shall be, and they are, hereby incorporated and made a body politic, with all the rights and privileges common and necessary to such corporation, under the name of the Wayne Southern Railroad Company. Corporators. Corporate name.

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SEC. II. Be it further enacted by said authority That said corporation be authorized to survey, locate, build and equip a railroad from a point between Jesup, in the county of Wayne and sand hills in said county, in a southerly or southeastern direction, running through the county of Wayne, to a point as its terminus, at or near Waynesville, in said county of Wayne, and said company shall have all the rights provided for in paragraph 1689(1) of the Code of Georgia; provided , that in no case shall the right-of-way embrace more than one hundred (100) feet in width on either side of the track of said road except by contract. Route. Disputed right of way, etc. SEC. III. Be it further enacted, That said incorporators are hereby authorized to procure subscriptions of stock for said company at the rate of one hundred ($100.00) dollars per share at such time and place as may be thought proper; that the capital stock of said company shall be the sum of one hundred thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing the same to a sum not exceeding five hundred thousand ($500,000) dollars, in order to build, locate and equip such road; to elect a president and Board of Directors; to appoint superintendents, engineers, agents and servants; to make contracts, to borrow money and to issue bonds, and to secure the same by mortgage upon the property of said company; to hold and own real and personal property, by purchase or otherwise, for the purpose of carrying on the business of said corporation, to sue and be sued, to plead and be impleaded, to have and use a common seal, and to change the same at pleasure, to make such by-laws, rules and regulations as may be necessary to conduct said railroad and carry on the purposes of the same, not inconsistent with the laws of this State, or of the United States. Stock subscriptions. Capital stock. Officers, etc. Borrowing money, etc. General powers. SEC. IV. Be it further enacted, That said incorporators shall be ex officio directors of said road until the first meeting of the stockholders of said company is called for the purpose of electing their successors, and their successors so elected shall have the same powers and privileges as are conferred by this charter upon the original incorporators, who are ex officio directors, and the number of said directors shall be five or seven, as said stockholders may see fit. Temporary directors. Their successors. SEC. V. Be it further enacted, That this charter shall be void unless five (5) miles of said road are graded, tracked and built within five (5) years from the approval of this Act. Charter void unless five miles built within five years. SEC. VI. Be it further enacted, That no street or public road shall be used or crossed without the consent of the county and city or town authorities, as the case may be; provided , that nothing in this charter shall be construed to

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grant to said company the right to take or injure any private property till just and adequate compensation be first paid. Crossing streets and public roads. Taking etc., private property. 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 9, 1891. AMENDING CHARTER WAYCROSS AIR-LINE RAILROAD COMPANY. No. 617. 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, and the Act amendatory thereof, approved September 25, 1889, by providing for other extensions and branches of said road. SECTION I. Be it enacted by the General Assembly of Georgia, That 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, and the Act amendatory thereof, approved September 25, 1889, be, and the same are, hereby so amended as to authorize an extension of said road from some point on the line thereof as now surveyed and located in the counties of Coffee or Irwin, through the counties of Wilcox and Dooly to Fort Valley in Houston county, and also an extension or branch from its line between Waycross and St. Mary's to Brunswick or South Brunswick, in Glynn county, with power to construct, build, own, equip, operate and maintain the same by such route as to said company may seem most desirable and practicable; provided , that said company shall have no authority to sell, lease or transfer such extensions and branches to any competitive line of railroad, without its working a forfeiture of the charter thereof; and provided further , that said company shall not take, use or cross any street or public highway until the authorities having charge thereof shall have consented thereto. Extensions authorized. May not sell, etc., such extensions to competitive road. Crossing streets and highways. SEC. II. And be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891.

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INCORPORATING CHALYBEATE SPRINGS RAILROAD COMPANY. No. 618. An Act to incorporate the Chalybeate Springs 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 G. B. Grant, J. G. Johnston, N. C. Campbell, H. W. Hill and J. M. Terrell, of Meriwether 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 Chalybeate Springs 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 the courts of this State. Corporators. Corporate name and general powers. 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 one hundred thousand dollars, with the privilege of increasing the same to five hundred thousand 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 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 railroad company may begin work on said railroad and exercise all rights, powers and privileges, functions and franchises granted by this charter as soon as the said amount is paid in. Capital stock. Beginning work. SEC. IV. Be it further enacted, That the line of said railroad shall begin at Talbotton, in the county of Talbot, and run through the counties of Talbot and Meriwether, through the Chalybeate Springs to the town of Woodbury, in said county of Meriwether. Route. SEC. V. Be it further enacted, That in all meetings of said corporation, each share of stock shall entitle the holder to one

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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. Vote of stockholders. 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 in their stead. Temporary directors. SEC. VII. Be it further enacted, That the affairs of said corporation shall be managed by a Board of Directors, to consist of three persons, unless enlarged by a vote of stockholders; a majority of said diretiors 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 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, [Illegible Text] 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 the 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 authority to enlarge the number of members of the Board of

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Directors from time to time, so that the same may consist of not exceeding thirteen members; at any meeting of the stockholders notice of meeting may be waived and any business transacted. Directors President. Term and powers of directors. Increase in number of. 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 directors may secure 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. Failure to pay for stock. SEC. IX. Be it further enacted, That the principal office of said corporation shall be at some point within the State of Georgia, and 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 legal 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 and branch offices. SEC. X. Be it further enacted, That said corporation shall have authority to construct, purchase, own, operate and maintain said railroad 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

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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. Property rights, right of way, etc. 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 herein 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, lease, purchase, condemnation or otherwise. Crossing, etc., other railroads, etc. 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, or may be proper or necessary 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 adequate compensation for the same, which compensation, when not otherwise agreed upon, shall be assessed and determined as prescribed in section 1698(l) of the Code of 1882. Disputed rights of way, etc. 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,

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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 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 , that no consolidation authorized by this section shall have the effect or be intended to have the effect to defeat or lessen competition or encourage monopoly. Consolidation with other railroads. Provisions as to consolidated roads. No consolidation so as to affect competition. 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 the company formed under section 13, or to guarantee or indorse 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 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 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, he connected with the road of this 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 hereinafter 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. Purchase, etc., of stock, etc., of or by this or consolidated companies by or of other companies.

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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 further , that this charter shall be in full force and effect for the term of fifty years: provided , said company shall not take, injure or damage any private property till just and adequate compensation be first paid: provided further , that said company shall not have the right to take, use or cross any public road or street until the county or city authorities having charge thereof have consented thereto. Charter void unless five miles built within five years Term of charter. Damage, etc., to private property. Use, etc., of public roads or streets. SEC. XVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 10, 1891. INCORPORATING EAST AND WEST RAILWAY COMPANY. No. 622. An Act to incorporate the East and West Railway 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 authority of the same, That C. E. Gilbert, John H. Hodges, W. B. Brunsen, Sr.; C. C. Dunean, Sr., B. C. Holtzelaw, J. D. Martin, C. H. Moon, A. C. Riley, R. N. Holtzelaw, C. P. Marshall, L. F. Cato and E. L. Dennard, and such other persons as they may associate with them, their successors and assigns, be, and they are, hereby constituted a body corporate and politic, under the name and style of the East and West Railway Company, and by that name may sue and be sued, plead and be impleaded, and may hold by purchase, gift or otherwise any real or personal property necessary to carry into effect and enjoy the powers and privileges granted, except that said company may receive other property, personal or real, in payment of subscription, and dispose of the same, and may have and use a common seal, and change the same at pleasure, and to adopt such by laws as may be deemed necessary and expedient for the purpose of carrying into effect the objects of said corporation not inconsistent with the laws of this State. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said company shall have power to lay out, construct, equip and operate a railroad for

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the transportation of freights and passengers from some point in or near the town of Fort Valley, in the county of Houston, or from some point in or near the town of Marshallville, in Macon county, through the town of Perry, in Houston county, and to some point on the Georgia, Southern and Florida Railroad between the station of Kathleen and the town of Elko, in Houston county. That said company may use steam, either by ordinary locomotion or dummy, or they may use electricity or any other motive power now or that may hereafter be known or discovered for propelling cars. Routes. Motive power. SEC. III. Be it further enacted, That said company may survey, lay out and construct its road through and across any street in said towns mentioned, or across or on any public roads in said counties of Houston and Macon, under such rules and regulations as the officials of said towns and counties may prescribe; provided , that said streets and roads shall not be used without the consent of the proper town and county authorities. Use of streets and roads. SEC. IV. Be it further enacted, That said company shall have the right to enter upon and condemn any lands that may be necessary for railroad purposes of any description whatever, in the manner prescribed in section 1689(l) of the Code of Georgia, the provisions of which section are hereby made a part of this charter; provided , that the right-of-way of said railroad shall not be more than one hundred and fifty feet wide; that said railway may cross any other railroad above, at or below grade, and may connect its track with any other railroad whatever, with full power in said company to operate its road jointly with any other road with which it may connect; provided , that said railway company shall not take private property without paying adequate compensation therefor. Right of way, etc. Crossing, etc., other railroads, May not take private property without adequate compensation. SEC. V. Be it further enacted, That said company shall have full power and authority to purchase or lease the property or franchises of any other railroad company, or may sell or lease its property or franchises to any other company with which it may or shall connect; provided , that said contracts shall not have the effect to lessen competition. Purchase or lease of, or sale or lease to other railroads. But not so as to affect competition. SEC. VI. Be it further enacted, That said company is hereby given authority to borrow money for the construction and equipping of its road, not to exceed $16,000 per mile, and to issue coupon or other bonds, to bear not more than eight percent, interest, and execute mortgages or a mortgage on all its property or a part thereof, to secure the payment of said bonds, which said bonds and mortgages shall be signed by the president and secretary of said corporation. Borrowing money, etc.

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SEC. VII. Be it further enacted, That the stock of said company shall be $25,000, but may be increased to $300,000 by a majority vote of its stockholders; that the capital stock shall be divided into shares of twenty-five dollars each, each share to be entitled to one vote. When $10,000 of the capital stock is subscribed for in bona fide subscriptions, said company may organize by the election of a Board of Directors, consisting of not less than five members nor more than nine members, all of whom shall be stockholders; said Board of Directors shall elect the officers of said company, to-wit, a president, a secretary, a treasurer, and any other officers that they may deem necessary; and when ten per cent. of the capital stock has been paid in said company may begin business, but surveys may be made before any part of the capital stock has been paid in. Capital stock. Organization. Beginning business. SEC. VIII. Be it further enacted, That said Board of Directors shall be elected annually by the stockholders of said company at such time and place as may, by its rules, be prescribed; provided , that a majority of said board may `call a meeting at any time and place by giving fifteen days' notice thereof. Election, etc., of directors. Called meetings of stockholders. SEC. IX. Be it further enacted, That said company shall not borrow money or issue bonds except on a majority vote of the stockholders thereof at a regular meeting, or at a meeting called for that specific purpose, notice of which meeting and its purpose shall have been given said stockholders. Issuing bonds, etc. SEC. X. Be it further enacted, That this charter shall remain of force for fifty years; provided , that if three miles of said road has not been built within ten years from the passage of this Act, then this charter to be void. Term of charter. Unless three miles built within ten years charter void. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved October 10, 1891. INCORPORATING NORTH MACON STREET RAILROAD COMPANY. No. 623. An Act to incorporate the North Macon Street Railroad Company. SECTION I. Be it enacted by the General Assembly of Georgia, That E. B. Waters, J. J. Cobb, A. F. Jones, R. E. Park, J. F. Toole and R. F. Ousley, and such other persons

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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 North Macon Street Railroad Company, and in and by such 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 may alter or destroy the same at pleasure, and purchase, accept by way of donation, hold and convey any property, real or personal or mixed, that may be necessary for the purposes hereinafter set forth, or which they may acquire in the process of their business. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said company shall have power and authority to survey and lay out, construct and equip, use and employ street railroads in the city of Macon, and county of Bibb, by first obtaining the consent of the proper authorities from said city and county. Routes. SEC. III. Be it further enacted, That the capital stock of said company shall be ($5,000.00) five thousand dollars, which may be increased by the stockholders to an amount, not exceeding one hundred thousand ($100,000.00) dollars. Books of subscription may be opened in Macon or at any other place or places in the United States. Said stock shall be divided into shares of ($100.00) one hundred dollars each, each share being entitled to one vote in the meeting of the stockholders; said stock shall be transferable in such manner as may be prescribed by the directors of said company. Capital stock. SEC. IV. Be it further enacted, That there shall be a board of five directors elected annually, but shall hold over till their successors are elected. Said board may appoint such agents, officers and servants as may be necessary to conduct the business of said company. It may adopt rules and by-laws for the management of the company's affairs, fill vacancies in the directory and generally do and transact all business necessary to be done. Directors and officers By-laws, etc. SEC. V. Be it further enacted, That the said North Macon Street Railroad Company may transport on its lines either freight or passengers and collect toll therefor, and use either electricity, horse or steam power, or any other power, as the directors may see fit. Motive power, etc. SEC. VI. Be it further enacted, That the North Macon Street Railroad Company shall have power to borrow money, issue bonds, notes or other evidences of debt, and secure the same by mortgage, deed or deed of trust, as the directors may deem best. Borrowing money, etc. SEC. VII. Be it further enacted, That no street or public road shall be used or occupied by said company without the

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consent of the county or city authorities. That said company shall not sell or lease its rights and privileges to any other street railroad, or to any railroad company until one-half mile of its road has been built, nor shall it then sell or lease if said sale or lease shall lessen or tend to lessen competition; that said company shall not take private property until adequate compensation has been first paid therefor, and their charter shall be void unless one-half mile of said railroad shall be built within five years from passage of this Act. Use of streets or public roads. No sale or lease to other railroads until one half mile built. Nor so an to affect competition. Taking private property. Charter void unless one half mile built within five years. 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 10, 1891. AMENDING CHARTER CARTERSVILLE AND GAINESVILLE AIR-LINE RAILROAD COMPANY. No. 628. An Act to amend An Act entitled an Act to amend an Act incorporating the Cartersville and Gainesville Air-Line Railroad Company, approved December 26, 1886, and for other purposes, said amending Act approved September 11, 1891. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the said Act be amended by striking out of the first section of said amending Act the words and Port Royal, and inserting in lien thereof the words Augusta and Charleston, so that said section, when amended, will read as follows: That from and after the passage of this Act the name of the Cartersville and Gainesville Air-Line Railroad Company, a corporation heretofore incorporated under and by virtue of the laws of Georgia, approved December 26, 1886, be, and is, hereby changed to the Cartersville, Gainesville, Augusta and Charleston Railroad Company. Change of name. SEC. II. Be it further enacted, That section 2 of the amending Act be amended by inserting after the word Forsyth, and before the word Hall, the words Pickens, Dawson, Lumpkin, so that said section, as amended, will read as follows: Be it further enacted, that section 2 of original Act of incorporation be, and is, hereby repealed,

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and the following be enacted in the place thereof, to-wit: That said railroad company is hereby empowered and authorized to survey, lay out, construct, build and equip a railroad from the city of Cartersville, in the county of Bartow, through the counties of Bartow, Cherokee, Forsyth, Pickens, Dawson, Lumpkin, Hall, Jackson, Clarke or Madison, Oglethorpe, Wilkes, McDuffie, Columbia and Richmond, to the South Carolina line, at, above or below the city of Augusta, as said railroad company, by its Board of Directors, may deem best. Route. SEC. III. Be it further enacted by the authority aforesaid, That section 3 of said amendatory Act be amended by adding at the end of said section the following words, to-wit: with power to fill any and all vacancies that may occur in their number from death, resignation or otherwise, so that said section, as amended, will read as follows: That the present Board of Directors of said company who are now in office, under and in virtue of sections 6 and 8 of said Act of incorporation, shall be, and are, hereby declared to be the directors of said company for five years from December 26, 1891, to December 26, 1896, with power to fill any and all vacancies that may occur in their number from death, resignation or otherwise. Vacancies in Board of Directors. SEC. IV. Be it further enacted by the authority aforesaid, That section 4 of said amendatory Act be, and the same is, stricken out and repealed, and the following substituted in lieu thereof as section 4: That from and after the passage of this Act, the Board of Directors shall have power and authority to issue bonds of said company for any amount not exceeding twenty-five thousand dollars per mile, to be secured as specified in section 9 of the original Act. Bonds. SEC. V. Be it further enacted, That section 5 of said amendatory Act be, and the same is, hereby stricken out and repealed, and the following enacted as section 5: That from and after the passage of this Act, the Board of Directors are authorized to increase the capital stock to any amount not exceeding twenty-five thousand dollars per mile. Increase of capital 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 October 10, 1891.

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INCORPORATING COVINGTON AND OCMULGEE RAILROAD COMPANY. No. 640. An Act to authorize the building and equipping of a railroad from Covington, Newton county, Georgia, to the Ocmulgee river, to be known as the Covington and Ocmulgee Railroad, and for other purposes connected with said enterprise. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that Harry Camp, Joel Kitchens and Edward Heard, citizens of Newton county, Georgia, and such other citizens as may be associated with them under this Act, be, and they are, hereby incorporated a body politic, with all rights, privileges, and franchises hereinafter granted to railroad companies of this State, under the name of the Covington and Ocmulgee Railroad Company. Corporators. Corporate name. SEC. II. Be it further enacted, That said Covington and Ocmulgee Railroad Company be authorized to build a railroad from Covington, in Newton county, to some point on the Ocmulgee river, at such point as may seem best to such company, and said railroad shall have such powers as are conferred by law of this State upon such corporations, so as to enable such company to carry into effect this charter. Route, etc. SEC. III. Be it further enacted, That the capital stock shall be limited to one hundred thousand dollars, to be divided into one hundred shares of one thousand dollars each; and in all elections to be held by such company, each shall be entitled to one vote, and that a majority of the stockholders shall determine all questions as to the management of said road. Capital stock. Stockholders. SEC. IV. Be it further enacted, That said company shall have authority to elect a president and Board of Directors to consist of as many as they see fit, not to exceed six in number, at such time and place as a majority of the stockholders may elect, and that said president and Board of Directors shall be elected every twelve months thereafter. Election of officers. SEC. V. Be it further enacted, That said company shall have power to make contracts, to purchase and hold property, to sue and be sued, and to do all other acts as are usually conferred upon bodies for similar purposes; provided , that said company shall not have the right to take, use or cross

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any public street or highway, until the consent of the city or county authorities, as the case may be, is first obtained; provided further , that said company shall not take or damage any private property until just and adequate compensation be first paid. General powers. Crossing streets, etc. Taking, etc. private property. SEC. VI. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That all laws, and parts of laws in conflict with this Act be, and are, hereby repealed. Approved October 12, 1891. INCORPORATING ATLANTA AND MANCHESTER RAILROAD COMPANY. No. 645. An Act to incorporate the Atlanta and Manchester 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 authority of the same, That J. H. Mountain, H. L. Woodward and E. B. Woodward, of the city of Atlanta, and their associates, and such other 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 Atlanta and Manchester Railroad Company. Corporators. Corporate name. SEC. II. Be it further enacted by the authority aforesaid, That said company be, and they are, hereby authorized and empowered to lay, construct, maintain and operate a railroad commencing at a point at or near McPherson Barracks, in the county of Fulton, in said State, thence by the most practicable route to Manchester, on the line of the Atlanta and West Point Railroad, a distance of about six miles, and through and into said town or village of Manchester, and through such streets of said village or town as may be selected, and as may be desirable, subject only to the consent of the corporate or town authorities of said village or town of Manchester, by such power, steam, electric or other power, 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. Route. Motive power, etc. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be one hundred

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thousand dollars, divided into shares of one hundred dollars each, and subscriptions to said stock may be received in money, promissory notes, land, work or other property, on such terms and conditions as may be prescribed by the Board of Directors, and for each share of said 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 in. Capital stock. Commencing work. SEC. IV. 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, relating to the condemnation of rights-of-way: provided , that no private property shall be taken of damaged till just and adequate compensation be first paid; provided further , that said company shall not have the right to take, use or cross any public street or highway until the consent of the city or county authorities, as the case may be, having charge thereof shall have first been obtained. Disputed right of way, etc. SEC. V. Be it further enacted by the 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 for the construction and maintenance of the railroad, and for 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. Extent of right to condemn and. SEC. VI. Be it further enacted, by the authority aforesaid, That said company shall have the power to borrow money, to make and issue bonds bearing such rate of interest, not exceeding eight per cent. per annum, payable at such time and place and in such amounts as it may deem expedient, to sell and dispose of such bonds, to secure the payment of the same by mortgages and deeds of trust to its railroad and all the company's property and franchises. Borrowing money, etc. SEC. VII. Be it further enacted by the authority aforesaid, That the principal office of said company shall be in the city of Atlanta, Georgia. SEC. VIII. Be it further enacted by the authority aforesaid, That said railroad company shall have power and authority to cross its track over and upon the track of any other railroad company's track at grade, which may be on the route selected, but such crossing shall be made in such manner as to not materially interrupt and inconvenience

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the operation of the railroad to be crossed, and such crossing shall be constructed at the expense of said Atlanta and Manchester Railroad Company. Crossing, etc., track of other railroads. 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, said company shall have the right to own lands acquired by settlement of indebtedness to the 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 proper and necessary, useful and expedient in carrying out the objects of this Act; to elect all officers, including Board of Directors, and fix by themselves or board the terms of such officers, their salaries and duties, and make rules and by-laws for the government of the same; to sue and be sued, to have and use a seal, and do such other acts as may be necessary and proper. Right to own lands, etc. General powers. SEC. X. Be it further enacted by the authority aforesaid, That the Board of Directors shall be not less than three nor more than thirteen, 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 and regulations and by-laws as the board may prescribe. Directors and officers. SEC. XI. Be it further enacted, 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, and in no further amount. Liability of stockholders for debts of corporation. SEC. XII. Be it further enacted by authority aforesaid, That the rights, powers and franchises granted by this Act shall not be sold, assigned or transferred, nor shall the railroad authorized to be constructed under this Act be consolidated with any other railroad company until at least one mile of said road has been constructed and ready for rolling stock. Unless at least one mile of this road shall be constructed and in running order within five years from this date the rights, powers and franchises and privileges granted under this Act shall cease and become null and void; provided , that nothing in this Act shall authorize said company to sell or lease said railroad so as to in any way defeat or lessen competition. No sale, etc. to other railroads until one mile built. Charter void unless one mile built within five years. No sale or lease so as to affect competition. SEC. XIII. Be it further enacted by authority aforesaid, That said company shall have the right to build and operate

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its line of railroad through the town of East Point, in said county of Fulton, and through, over and along any of the streets of said town; provided , the said town authorities' consent be first had and obtained to the occupancy of said streets or any part thereof. Use of streets of East Point. SEC. XIV. Be it further enacted by the authority aforesaid, That said company be, and it is, hereby authorized and empowered to build, equip and operate one or more branch roads in connection with said main line in said county of Fulton, Clayton or Campbell, as it may see fit and proper; and all the provisions, rights, privileges, powers and immunities granted by this charter to said company with respect to said main line are hereby made applicable to said company in the building, equipment and operation of said branches the same as specifically mentioned herein. Branches. SEC. XV. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved October 13, 1891. INCORPORATING TOBACCO BELT AND FLORIDA RAILROAD COMPANY. No. 647. An Act to incorporate the Tobacco Belt and Florida Railroad Company, 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 M. Nicholson, T. W. Lester, B. C. Thomas, D. McGill, G. P. Wood, C. H. Thomas and W. E. Smith, 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 Tobacco Belt and Florida 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 and general powers. SEC. II. Be it further enacted, That the capital stock shall be divided into shares of twenty-five 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

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to continue in office until there shall be a regular election under the provisions 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. Directors. Books of subscription. 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 from some point on the Savannah, Florida and Western Railroad, between Climax and Faceville, in Decatur county, Georgia, through or near Attapulgus, to some point on the boundary line between the States of Georgia and Florida, within the county of Decatur, by any convenient route which may be selected, and to transport and carry over said railroad passengers and freight for reasonable compensation. Route, etc. SEC. V. Be it further enacted, That when the sum of five 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, shall 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 a board of not less than five 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. Organization. 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. Vote of stockholders. SEC. VII. Be it further enacted, That questions of right-of-way that cannot be settled by agreement between the parties, then said company shall have all the right, powers and privileges conferred by section 1689(l) of the Code; provided, nevertheless , the said right-of-way shall not extend more than one hundred and fifty feet from the center of the track on each side of said railroad; provided further , said company shall not have the right to take or injure any private property till just and adequate compensation be first paid. Disputed right of way, etc.

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SEC. VIII. Be it further enacted by the authority aforesaid, That said company shall have full power and authority to run over or cross any railroad or public roads in said county, 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, crossed or used by said company without the consent of the county or municipality, as the case may be. Crossing, etc., railroads, streets, etc. SEC. IX. Be it further enacted, That said company shall have power and authority to receive lands 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 for capital stock. SEC. X. Be it further enacted, That said company may contract, loan, borrow money, mortgage its property, real and personal, and the franchise, issue bonds not to exceed fifteen thousand dollars to the mile, and to do and perform any act that may be to its advantage not inconsistent with the laws of the State. Borrowing money, etc. SEC. XI. 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 for debts of corporation. SEC. XII. Be it further enacted, That said railroad company shall have power to consolidate its roads 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. Consolidation with other roads SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved October 13, 1891.

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INCORPORATING THE TRANSVALE RAILWAY COMPANY. No. 659. An Act to incorporate the Transvale Railway Company, and to define its rights, powers, and obligations, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That George B. Turpin, Joseph W. Cabaniss and Augustus O. Bacon, and such other persons as they may associate with them, and their successors and assigns, be, and they are, hereby declared a body politic and corporate, by the name and style of the Transvale Railway Company, and in and by that name may sue and be sued, plead and be impleaded, in any court of law and equity in this State, or where their rights may come in question; may have and use a common seal, and the same alter or destroy at pleasure; and purchase, accept, hold, enjoy or convey any property, real, personal or mixed, that may be necessary or proper for the purpose herein set forth, or which they may acquire in the progress of their business. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the said Transvale Railway Company shall have power and authority to survey, layout, construct and equip, use and operate, a railroad from and between any point or points in the county of Bibb on the east side, to any other points in said county of Bibb on the west side of the Ocmulgee river, and to points intermediate between the same, and in pursuance thereof shall have power to construct and operate said railroad over and along such streets in the city of Macon as may be consented to by the Mayor and Council of the same; and shall further have power to purchase, receive, hold and improve, use or sell real estate along the line of said railway to an amount not exceeding the capital stock of said company, and shall further have power to execute and issue mortgage bonds on all of said property, either as a whole or in different series, upon the particular portions of said property, to be specified in each of said series of bonds. And the said Transvale Railway Company shall further have the power and authority to construct, use and operate one or more bridges across the Ocmulgee river at one or more points not lower than New street in the city of Macon, and further shall have the power to sell or lease either or all of said bridges, and also all or any portion of said railway, or of its property, to any other person, natural or artificial, competent under the law to buy, hold or use the same; provided , the Transvale

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Railway Company shall not be authorized to build any bridge or bridges abutting on the streets or property of the Mayor and Council of the city of Macon, without the consent of said Mayor and Council first had and obtained. Routes, etc. Real Estate. Bonds. Bridges, etc. Sale or lease to others. Consent of authorities of Macon to building bridges. SEC. III. Be it further enacted, That the said Transvale Railway Company shall have the power to purchase any part or the whole of any railroad already constructed in the county of Bibb, and to incorporate and merge the same into, and as a part of, the railway herein authorized to be constructed and operated; provided, always , that said purchase shall not be in conflict with any provisions of the Constitution of the State of Georgia; provided , that said company shall not have the right to take, use or cross any public road until the consent of the county authorities is first obtained. Purchase, etc., of other railroads. Use of public roads. SEC. IV. Be it further enacted, That the said Transvale Railway Company shall not employ within the limits of the city of Macon any steam or other motive power than horse power upon their lines without consent of the City Council. Motive power. SEC. V. Be it further enacted, That where a question of right-of-way arises in the laying out and construction of said railway, and the parties shall be unable to agree as to the value of the property to be taken for said right-of-way, or the damages occasioned by the laying and construction of said railway, the same shall be ascertained and settled in the same manner as is provided in section 1689(l) of the Code of Georgia; provided , that nothing herein contained, shall authorize the taking of private property by condemnation until adequate compensation has first been paid. Disputed right of way. SEC. VI. Be it further enacted, That the said Transvale Railway Company may convey upon their lines either freight or passengers, as the exigencies of the business and the public wants may require. May convey freight or passengers. SEC. VII. Be it further enacted, That the persons before named, or any two of them, shall be authorized to receive subscriptions to the capital stock of said company, which shall be one hundred thousand dollars, and which may be increased, from time to time, to an amount not exceeding five hundred thousand dollars, as the business of the company may require it. Said increase may be authorized at any time by the stockholders, either at a regular meeting, or at a special meeting duly called for the purpose, in such manner as the by-laws of the company may prescribe for the calling of special meetings. Subscriptions for stock. Capital stock. SEC. VIII. Be it further enacted, That the affairs of the said Transvale Railway Company shall be managed by a president who shall be elected by the Board of Directors one

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of their number, and by other directors, not less than five or more than nine in number; said directors shall be elected by the stockholders, and each share of stock shall entitle the holder to one vote. The president and directors shall have power to appoint all such officers, agents and other servants as they shall deem necessary to attend to and transact the business of the company, and to establish all by-laws, rules and regulations for the government of the same, and to do all things therein which may not be inconsistent with the laws of the land. President and directors. 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 14, 1891. INCORPORATING CARROLLTON AND ROANOKE RAILROAD COMPANY. No. 662. An Act to incorporate the Carrollton and Roanoke Railroad Company; to grant certain powers and privileges to the same; to confer upon it the authority to consolidate its railroad with any other railroad in this State, or any other State; to give it all the powers, rights and privileges authorized under the general laws in reference to railroads in force in 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 George E. Hoppie, F. Lanier, Jr., H. Lanier, S. Holderness, George West, E. Watkins, E. B. Brodnax, W. E. Jenkins and J. H. Barron, 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 Carrollton and Roanoke Railroad Company, and by that name shall have the right to sue and be sued, to have a common seal, to be changed at 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 necessary or useful for said company, and to dispose of and sell off such property as may not be required in its business; to receive or charge and collect reasonable rates for the carriage of passengers and freights, and generally to do all acts for the successful

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running and operating said railroad, according to the purposes and intent of its organization. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said company shall be two hundred and fifty thousand dollars, with a right to the stockholders, by a majority vote, to increase the same to a sum not to exceed two million dollars; the stock shall be divided into shares of one hundred dollars each; the company to have the right to give the same in exchange for its equivalent in money, labor or property of any kind useful to said company; and at all stockholders' meetings each stockholder shall be entitled to one vote for each share of stock held, owned or legally represented by him, and the shares may either be voted in person or by proxy under power of attorney, duly executed. In case of the failure of the 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. Vote of stockholders. Their liability for debts of the corporation. SEC. III. Be it further enacted, That said company shall have full power to survey, locate, construct, equip and operate a railroad from Carrollton, Carroll county, Georgia, in most accessible, advantageous and desirable route, through said Carroll county and Heard county to the Georgia and Alabama line in a southwesterly direction, to a point on said line in the direction of Roanoke, in the county of Randolph, State of Alabama, Roanoke being the objective point of said railroad; and shall have the power to build and operate the whole or any part of said railroad 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 of the proposed line as shall be necessary to the selection of the most advantageous and desirable route; and are empowered to enter upon the lands of any person, firm or corporation; to acquire by right, purchase or condemnation, as provided by section 1689(l) of the Code, any real estate or other property for the construction maintenance, use or accommodation of said railroad; to layout, 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, or the right-of-way of any other railroad, which its route may track or cross, and shall have the power to acquire and use by condemnation or otherwise, the right-of-way and side tracks of any other railroad, or railroads, in or near any city,

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town or village along its route for a space of not more than two miles, when such side-tracks or right-of-way is necessary for reaching the union of its freight and passenger depots. Route, etc. Examination and surveys. Right of way, etc. SEC. IV. Be it further enacted, That said incorporation, their associates or assigns, 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 be chosen. Books of subscription. SEC. V. Be it further enacted, That as soon as ($25,000.00) twenty-five thousand dollars of said capital stock have been subscribed, the company 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 may deem fit, when a Board of Directors shall be elected from the stockholders, and which directors may, in their discretion, proceed with the erection of such railroad. Said board shall consist of not less than five or 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 vacancies that may occur in said board; to call in the subscription to the capital stock, and to enforce payment thereof by suit in the name of the company, by a forfeiture of the stock or by other means; to manage and control said railway, to elect from their number a President and such officers as they may deem necessary, to provide for the employment of attorneys, agents or employees, as they may desire, and to fix the compensation of all such officers; to adopt rules, regulations and by-laws, and do all such other acts usual in such cases, for the proper management of such corporation. Organization. Directors. SEC. VI. Be it further enacted, That the principal office and headquarters of such company shall be selected by said directors, and ratified by a majority vote of the stockholders. Principal office. SEC. VII. Be it further enacted, That said company shall have the right and power to consolidate with its railroad and franchise 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, or any other State; provided , that this shall be done in accordance with the Constitution and laws of Georgia, or such other States; provided further that said consolidation, lease or sale shall not defeat or lessen, or have the effect of defeating or lessening, competition, and that said consolidation, lease or sale shall not

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take place until five miles of the road shall have been completed; provided further that unless five miles of said road is completed within ten years from the date of this Act, then this charter shall be void. Consolidation with or purchase, etc., of other railroads. But not so as to affect competition. Nor before five miles completed. Unless five miles completed within ten years charter void. SEC. VIII. 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 by its directors, and to secure the payment of such money it may execute such notes or other evidences of debt; and may make mortgages, or deeds of trust upon all its property, rights, tolls and franchises, and issue bonds upon the same; and it may perform all the acts deemed advantageous, not inconsistent with the Constitution and laws of the United States, this State and other States, in which it may acquire rights. Borrowing money, etc. SEC. IX. Be it further enacted, That sections 1689(1), 1689(r) of the Code of Georgia (Acts of 1880), edition of 1882, and all the powers, rights, and privileges set forth in said sections be, and the same are, hereby declared to be a part of this charter; also that all the rights, privileges and powers conferred on similar corporations, under the general laws of Georgia, not inconsistent with the provisions set forth above, be, and the same are, hereby declared to be a part of this charter; provided , nothing in this charter shall be construed to authorize said company to take or damage any private property till just and adequate compensation be first paid; provided further , that said company shall not have the right to take, use or cross any street or public highway until the consent of the city or county authorities, as the case may be, is first had and obtained. General rights conferred. Taking etc. private property. Use of streets or highways. SEC. X. Be it further enacted, That this charter shall be forfeited, and the rights, privileges and powers herein granted become null and void, unless work actually commences within the seven years next succeeding the passage of this Act. Charter forfeited unless work begun within seven years. SEC. XI. Be it further enacted, That the powers conferred and granted by this charter shall continue for fifty years, except as hereinbefore specified. 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 14, 1891.

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INCORPORATING BOSTON AND ALBANY RAILROAD COMPANY. No 668. An Act to incorporate the Boston and Albany Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That M. R. Mallette, J. W. Taylor, D. R. Blood, A. B. Cone, W. M. Brooks, T. T. Stephens, E. R. Whaley, J. C. Stanaland, J. S. Norton, H. A. Vann, F. C. Ivey, and such other persons as may be associated with them by becoming stockholders in the company hereinafter named, their successors and assigns, are hereby created a body corporate and politic by the name and style of The Boston and Albany Railroad Company, and by such name shall have perpetual succession; may sue and be sued; plead and be impleaded, in any court of law or equity; may make such by-laws and appoint such officers as they see fit; may make all contracts, purchase, hold and convey all property, real or personal, necessary for the purpose of their incorporation, or which they may be authorized to hold, under this Act; to have and use a common seal, and to do all other lawful acts, and especially all the powers and privileges set forth in the Code of Georgia of 1882, sections 1689(i) to 1689(gg), inclusive. Corporators. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be two hundred and fifty thousand ($250,000.00) dollars, divided into shares of one hundred dollars ($100.00) each, but the same may be increased by a majority vote of the stockholders of the company; That books for subscription to the capital stock of said company may be opened at such times and at such places, in or out of this State, as a majority of such named corporators shall direct in writing; and when fifty thousand dollars ($50,000.00) of said stock is subscribed, a majority of said named corporators shall, at first meeting of stockholders to assemble in the town of Boston, Georgia, by giving two weeks' public notice in a gazette published at said place, at which meeting the first Board of Directors of said company shall be elected and its organization perfected. At all meetings of stockholders each share shall be entitled to one vote, and may be [Illegible Text] either in person or by proxy. Capital stock. Organization. Vote of stockholders. SEC. III. Be it further enacted, etc., that the Board of Directors of said company shall be composed of nine members,

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who shall be stockholders in said company, a majority of whom shall constitute a quorum to transact business, and said directors shall hold their offices for one year and until their successors are elected and qualified. Each Board of Directors, at its first meeting, shall elect from their own number a president of said company, who shall hold his office till his successor is elected and qualified, and all vacancies in said board, or in said office of president, shall be filled by said board for the unexpired term. President and directors. SEC. IV. Be it further enacted, That said company shall have power and authority to construct and operate a line of railroad from the city of Albany, Georgia, through Boston, Georgia, down the Ancilla river, to the Florida line; if in so doing said company does not procure from the owner or owners thereof the title to the lands or right-of-way, or other property necessary and proper to enable it to locate, construct, use and enjoy and maintain its railroad between the points mentioned, then said company may have all the rights provided for in section 1689(l) of the Code of Georgia: that said railroad may cross any other railroad in this State, as allowed by the laws of this State, and may use so much of the right-of-way, or the tracks of any other railroad, as may be necessary to enable it to reach its depots in any town or city, under such regulations as may be agreed upon by the said railroads. Routes. Disputed right of way. Crossings, etc., other railroads. SEC. V. Be it further enacted, That no private property shall be taken without first paying adequate compensation therefor, nor shall any public road or street be taken or used or crossed without the consent of the county or city authorities, as the case may be. Taking private property. Use of streets, etc. SEC. VI. Be it further enacted, That if five miles of said road are not built, equipped and in running order within five years, then this charter shall be void. Unless five miles built, etc., within five years charter void. SEC. VII. Be it further enacted, That said stockholders shall be liable to the full extent of their unpaid subscription to the capital stock of said company. Liability of stockholders for debts of corporation. 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 14, 1891.

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INCORPORATING JESUP AND WAYNESVILLE RAILROAD COMPANY. No. 669. An Act to incorporate the Jesup and Waynesville Railroad Company. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That Philoe D. B. Stansell, Joseph J. Bell, and such other persons as they may associate with them, and their successors and assigns be, and they are, hereby constituted a body corporate and politic under the name and style of The Jesup and Waynesville Railroad Company, and by that name are made capable in law to have, purchase, take by gift, donation or otherwise, and enjoy such real and personal estate, goods and effects as may be necessary and proper to carry into effect the objects and powers herein and hereby granted, and by said name to sue and be sued, plead and be impleaded, in any court of competent jurisdiction, to have and to use a common seal, and the same to alter at pleasure; and to make, ordain and establish such by-laws, rules and regulations as they may deem expedient and necessary to carry into effect the objects of the company, not inconsistent with the laws and Constitution of the State of Georgia, and the United States, and generally to do and perform all such acts, matters and things as may appertain to corporations of like character. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That said corporation shall have full power and authority to transport and carry passengers and freight, including animals, merchandise, personal property, lumber, timber and things of any kind, for reasonable hire and reward, from the town of Jesup, in the county of Wayne, to its terminal point, Waynesville, in Wayne county, and from such point to the town of Jesup; and for this purpose it shall have the power and authority to build, construct, operate and maintain a railroad of suitable width and dimensions, in the most convenient, proper and practical course, from the town of Jesup, in the county of Wayne, to Waynesville, in the county of Wayne. Should it be desired to run the road from a point within the corporate limits of the town of Jesup, then it may be run from such points within the corporate limits of the town as the Mayor and Aldermen may authorize, said corporation paying the owners of land

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through which the road may pass, and who have not donated the same, just and adequate compensation for the value of land covered by the roadway, or which may be necessary to the road, the width of the strips of land taken to be such as the directors of the corporation may deem necessary for the purpose of the road, not to exceed one hundred feet in width, in laying its track, in procuring the necessary timber, earth and other materials for constructions, and for the construction thereon of tool houses, switches, slips, depots, wharves, warehouses, wells, cisterns, pumps, culverts, and other necessary works and purposes; that said company shall have all the rights allowed in section 1689(l) of the Code of Georgia; provided , that no private property shall be taken or used without first paying adequate compensation therefor; and provided further , that nothing herein contained shall be constructed to give a right-of-way of one hundred feet within any town or city without the consent of said town or city. Route, etc. Right of way, etc. SEC. III. Be it further enacted, That the said railroad shall be so constructed as not to obstruct or interfere with the free navigation of any river or navigable stream which said road may cross, nor shall said company take or use any public road or street without the consent of the county and city or town authorities. May not interfere with navigation. Use of roads or streets. SEC. IV. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, but may be increased, from time to time, by its Board of Directors, or by the stockholders of said company, as they may deem expedient or necessary, to such amount, not exceeding two hundred thousand dollars, as they may determine, which shall be divided into shares of ten dollars each. Capital stock. SEC. V. Be it further enacted, That any one person above named, on giving ten days' notice in any paper which has a good circulation in Wayne county, may organize the company; provided , five hundred dollars is subscribed bona fide , and by parties who are responsible, to the capital stock of said company, and after such organization and subscription the stockholders may elect five directors, who shall hold their office for one year and until their successors are elected, which election shall take place annually, as prescribed by the by-laws of the company; and the said directors shall have power to receive further subscription to the capital of the company, not to exceed two hundred thousand dollars, and to enforce the payment of said subscription by suit at law; and if any subscriber after thirty days' notice, calling for any installment, shall [Illegible Text]

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to pay such installment so called for by the directors, the directors shall declare the stock of such stockholder forfeited to the company, with any installments then paid, without affecting the right of the company to sue for and recover the amount of any subscription or any part thereof duly called for and remaining unpaid. Organization. Directors. Stock subscriptions. SEC. VI. Be it further enacted, That the said corporation, through its Board of Directors or otherwise, by a vote of a a majority of the stock, borrow such sums of money as they may deem proper for any purpose of the company, construction, purchase of property and appliances, and may pledge therefor the property and franchises of the corporation in such way as it may deem proper. Borrowing money, etc. SEC. VII. Be it further enacted, That each share, at all elections for directors, and at all stockholders' meetings of the company, shall entitle the holder thereof to one vote, which may be exercised either in person or by proxy, by some person appointed and empowered in writing, and that the directors shall elect a president from among themselves, who shall hold his office for one year and until his successor is elected, which election shall take place annually, as prescribed by the by-laws of the company. Votes of stockholders. President. SEC. VIII. Be it further enacted, That said company shall be authorized, through its president and directors, to sell, lease or transfer its property, privileges and franchises to any other company, corporation or individual, upon such terms as may be agreed upon between them, not inconsistent with the laws and Constitution of this State. Sale, etc., to others. SEC. IX. Be it further enacted, That any number of stockholders representing at least one half of said stock, by giving twenty days' notice in any newspaper of general circulation in the county of Wayne, may call a meeting of the stockholders of said company, to act on business of the company and such action shall be binding upon the company. Called meetings of stockholders. SEC. X. Be it further enacted, That all the rights, powers and privileges granted by this Act shall lapse and become void, unless such corporators as have power under this Act shall, in good faith, begin to construct and operate said railroad within five years from the passage of this Act. Charter void unless construction begun within five years. SEC. XI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved October 14, 1891.

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AUTHORIZING GEORGIA SOUTHERN AND FLORIDA RAILROAD COMPANY TO CLOSE AND OCCUPY A CERTAIN ALLEY IN MACON. No. 672. An Act to authorize the Georgia Southern and Florida Railroad Company to close and occupy an alley between lots 1 and 2, and 7 and 8, in block 57 in the city of Macon, and between the encroachment heretofore granted on lots 1 and 8 out of Fifth street in said block, upon the terms and conditions herein set forth. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the Georgia Southern and Florida Railroad Company are hereby authorized and empowered to vacate and close the alley between lots 1 and 2, and 7 and 8, in block 57 in the city of Macon, and between the encroachment heretofore granted on lots 1 and 8 out of Fifth street in said block; provided , that the Georgia Southern and Florida Railroad Company shall grant to the Mayor and Council of the city of Macon, as sureties for the State of Georgia, a strip of land ten (10) feet wide off of lots 2 and 7 in said block, adjoining the alley now dividing lots 2 and 7 from lots 3 and 6 in said block: said strip of land to extend from Plum to Pine street, entirely across both of said lots the width of ten feet. The said strip of land to become a part of the alley now dividing said lots, and to be kept open for the use of the property owners in said block, so that said alley shall be twenty (20) feet wide instead of ten feet, as it now exists. Authorized to vacate and close certain alley in Macon. Compensation for to State. SEC. II. Be it further enacted, That should the property of any person, situated in said block be damaged by the closing and vacating of said alley, that the said railroad company shall pay to the person whose property is so damaged all damages, either special or general, that said property shall sustain by reason of the closing of said alley, and on the event that the said railroad company and the said property-holder shall disagree as to the fact of said damages, or the amount thereof, then the same shall be ascertained in the same manner as is provided in the charter of said railroad company for ascertaining the value of its right-of-way. Ascertainment of and payment for damage to private property. SEC. III. Be it further enacted, That the said Georgia Southern and Florida Railroad Company are hereby authorized to occupy the property herein granted to it as fully as it does the other property owned by it in said block; provided , that the court costs arising out of any pending case or litigation between said railroad company and any person or persons involving the question of the right to close or vacate the alley referred to in this bill, which, but for the passage of this bill, would have been cast on said railroad company (if any), shall be so cast on said railroad company the same as if this bill had not been passed; provided, also , that the right of any person or persons to recover damages from said railroad

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company for or on account of the closing of said alley, or to bring an action for the recovery of damages claimed in case the property of any person or persons may be damaged thereby, shall not be prejudiced. Right to occupy the property. Court costs Rights of persons to recover damages, etc., for closing alley, not prejudiced. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 15, 1891. INCORPORATING TIFTON AND NORTHEASTERN RAILROAD COMPANY. No. 675. An Act to incorporate the Tifton and Northeastern 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 from and after the passage of this Act, H. H. Tift, W. O. Tift, E. H. Tift, their successors and associates, be, and they are, hereby incorporated under the name of the Tifton and Northeastern Railroad Company, and by that name to have a perpetual succession, purchase and hold property, sue and be sued, plead and be impleaded, make contracts, and generally do any and everything that may be necessary to carry out the purposes of this incorporation. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be one hundred thousand (100,000) dollars, divided into shares of one hundred (100) dollars each, with the privilege of increasing the same from time to time by a vote of the stockholders assembled for that purpose, to any sum not exceeding two millions (2,000,000) dollars. The corporation shall have the right to commence business so soon as fifty (50) per cent. of the capital stock first aforesaid is subscribed, either in money or property. The Board of Directors may call for the payment of the subscriptions to the stock in installments on each share, and in such proportion and at such times as in their discretion may be necessary, not to exceed one hundred dollars on each share, giving notice in writing, by personal service, or through the mails, of such call, at least thirty (30) days before the same is to be paid. The certificates of stock shall be issued on payment of the subscriptions in full in such form as the directors may prescribe, which shall be transferable on the books of the company only by the stockholder or his lawful attorney or legal representative, except in cases of levy and sale under judicial process, when the transfer may be made by the officer duly authorized by law. Capital stock. Beginning business. Stock subscriptions, etc. SEC. III. Be it further enacted, That the business and affairs of said corporation, to-wit: said railroad company, shall be managed by a

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board of not exceeding seven directors, nor less than five directors, who shall be elected annually by the stockholders, and shall hold their office until their successors are elected and qualified; but until the amount of fifty thousand (50,000) dollars is bona fide subscribed to the capital stock, and until the Board of Directors shall have been elected and shall have qualified, the business and affairs of said corporation shall be organized and managed by said corporators or a majority of them, and such other persons as they may associate with them as directors. The first election shall be held whenever a majority of the stockholders shall determine, and annually thereafter at such time and place 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 as he shall own shares: that is to say, for each share he shall be entitled to one vote. All elections shall be by ballot, or otherwise, if so provided by the by-laws of said company. The votes shall be cast in person by the stockholders, or by such person as he may, by writing, duly appoint his proxy. The Board of Directors of said company are hereby empowered to fill all vacancies which may occur in the Board of Directors, and the person or persons so appointed by said directors, shall hold his office or their offices until his successor or their successors are elected and qualified. Directors. Temporary directors. Elections. Vacancies. SEC. IV. Be it further enacted, That the incorporators may choose one of their number as president, to act as president until a Board of Directors are elected and qualified, and thereafter the Board of Directors shall elect from their number a president of said railroad company; and they may also elect a vice-president, a secretary and a treasurer. The president shall appoint such other officers, agents and employees as he may deem necessary and proper to carry on the business of said company. The president and Board of Directors shall have, and are hereby given, full power to control all the business and affairs of said company, call on and demand payment of subscriptions and in installments or in whole, as may be agreed upon by said stockholders, and may forfeit shares of stock subscribed for, and all previous payments made thereon, if all payments shall not have been made as required; but the company shall not be entitled to recover for any installment that may be due upon stock, when said stock shall have been forfeited as aforesaid. The directors shall have power to adopt a corporate seal, make by-laws and declare dividends. President and other officers. Powers of president and directors. SEC. V. Be it further enacted, That said corporation shall have authority to survey, lay out, construct, maintain, equip and operate a line of railroad from the city of Tifton in the county of Berrien, and to run through the counties of Berrien, Irwin and Telfair, to a point on the East Tennessee, Virginia and Georgia Railroad, at or near McRae in said county of Telfair, or through the counties of Berrien, Irwin, Wilcox and Dodge to a point at or near Eastman in said county of Dodge in this State, and shall have all the powers, rights, franchises and facilities necessary or proper to successfully accomplish and maintain the object of its incorporation, as aforesaid. In addition to the powers herein conferred upon said company,

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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 employees, to enter upon the land or waters of any person for that purpose. It may purchase, condemn and acquire such rights-of-way, not exceeding two hundred (200) 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 and constructing; 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. Routes etc. Examinations and surveys. Right of way. SEC. VI. Be it further enacted, That section 1689(l) of the Code of 1882 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 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; provided , that if the two arbitrators selected cannot or do not agree upon and select a third arbitrator, then the Ordinary in the county in which the land lies shall designate some proper disinterested and competent person to act as said arbitrator. Disputed right of way, etc. SEC. VII. Be it further enacted, That the said corporation shall be authorized to extend the main line of its railroad from any point on its line, or from either terminus 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. It shall also have the right 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. Extensions and branches. SEC. VIII. Be it further enacted, That the principal office of said corporation shall be located at Tifton, in Berrien county, Georgia. 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 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 as the 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

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with its railroad business, and generally to do any and everything that may be necessary to effectuate the power herein granted. Borrowing money, etc. SEC. X. 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, street, highway or canal which the routes of said road 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. Said corporation, in constructing its road, shall not have the right to take, use or cross any public road or street until the consent of the county or municipal authorities, as the case may be, has first been obtained. It may cross other railroads, as permitted by the laws of this State. Crossing, etc., streams, streets, etc. SEC. XI. Be it further enacted, That in addition to the powers and rights contained in this 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 companies, so as to run said railroad in connection with any other railroad: to merge the stock of the company with that of any other railroad company; to sell, lease or convey the property of the said Tifton and Northeastern 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. Sale, lease, etc., to other railroads. Vessels. SEC. XII. Be it further enacted, That said corporation shall have power and authority to build, construct and maintain bridges over any navigable stream crossing or intersecting with said line of railroad, the proper draws or other machinery being provided so as not to obstruct the navigation of said stream. Bridges. SEC. XIII. Be it further enacted, That this charter to be null and void without judgment of forfeiture, if the company herein and and herewith chartered shall fail to construct and equip ten miles of said road within five years from this date, or shall sell or negotiate this charter at any time without having constructed and equipped ten miles of said railroad. Charter void unless ten miles built, etc., within five years. Or sale, etc., of charter before ten miles built etc. SEC. XIV. Be it, and it is, hereby further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 15, 1891.

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INCORPORATING QUITMAN STREET RAILWAY COMPANY. No. 687. An Act to incorporate the Quitman Street Railway Company, and for other purposes. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, John S. Harris, George W. Avrett and Elisha P. S. Denmark, and such other as they may associate with them, their successors and assigns, be, and they are, hereby declared a body politic and corporate under the name and style of the Quitman Street Railway Company. Corporators. Corporate 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, and the same alter, renew and destroy at pleasure, and may make, alter and repeal such by-laws, governing its own members, officers, attorneys, agents, employees and persons dealing or having business with it, as it considers proper; it may issue bonds at any time in an amount not greater than one-half the subscription to its capital stock, and it may acquire, purchase, accept, hold and enjoy and convey any property, real, personal or mixed, that may be necessary and profitable in the progress of their business; it shall have power to fix the rates of toll for the carriage of persons and property and to collect the same, and said Quitman Street Railway Company shall have all the powers, facilities, rights and franchises necessary to successfully accomplish and carry on the objects of its corporation. General powers. SEC. III. Be it further enacted, That said company shall have power to lay out, construct, equip, use and employ the following line of street railroads in the town of Quitman, Brooks county, Georgia, to-wit: passing through Depot, Lee, Court and Screven streets. Route. SEC. IV. Be it further enacted, That said corporation shall also have power and authority, from time to time, to survey, lay out, construct, equip, use and enjoy such other routes or lines of street railroad in the town of Quitman as it may deem best, in addition to that or those specially named in this Act, whenever it deems it to its interest to do so. Additional routes. SEC. V. Be it further enacted, That the capital stock of said corporation shall be five thousand dollars, which may be increased to fifty thousand dollars, should the business of the company require it, but said corporation may organize and commence business whenever the sum of four thousand dollars has been subscribed. Books of subscription to the capital stock of said corporation may be opened under the superintendence of the persons named in the first section of this Act, or a majority of them, and the capital stock of said corporation shall be divided into shares of one hundred dollars

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each, and all subscriptions shall be paid in cash, or that which may be deemed its equivalent, in such installments as called for by the Board of Directors. Said persons named shall act as a Board of Directors until said corporation is organized, which shall be done within ninety (90) days after the requisite subscriptions are obtained. Capital stock. Beginning business. Stock subscriptions. 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 members. 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 manner as the Board of Directors may determine. Said Board of Directors may also adopt such constitution, by-laws, rules and regulations for the management of the company and its business as are not inconsistent with the laws of this State and of the United States. Directors and officers. SEC. VII. Be it further enacted, That said Quitman Street Railway Company may convey upon or over their line either passengers or freight, or both, as the public wants and its interests may require. May convey either freight or passengers. SEC. VIII. Be it further enacted, That said company may convey on their lines passengers or freight, and may charge such rates for transportation as they may deem proper and right. Transportation charges. SEC. IX. Be it further enacted, That before said company can use any of the streets named in this Act, or any other street, it shall first obtain the consent of the municipal authorities of the town of Quitman. Use of streets SEC. X. Be it further enacted, That this charter shall continue in force for thirty (30) years. Term of charter. SEC. XI. Be it further enacted, That said company may use as motive-power for their cars, horses or electricity, or under-ground cables, drawn by steam, or any other appliances that may hereafter be invented or used as motive-power. Motive power. SEC. XII. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved October 16, 1891.

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INCORPORATING SOUTHERN AIR-LINE RAILROAD COMPANY. No. 733. An Act to incorporate the Southern Air-Line Railroad Company. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That G. B. Grant, H. W. Hill, R. D. Render, J. H. Williams, W. C. Gill, N. C. Campbell and J. M. Terrell, 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 Southern Air-Line Railroad Company, and may have and use a common seal, and by said name may sue and be sued in any of the courts of this State, and 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. Corporators. Corporate name and 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 five 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, 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 incorporators, or a majority of them. Subscribers for stock shall be liable only for the full amount of stock subscribed by them, and each share of stock shall be entitled to one vote in all meetings of stockholders. Capital stock. SEC. III. Be it further enacted, That said company shall have power and authority to survey, lay out, construct, equip and operate a railroad of such gauge as the directors may elect, from Atlanta, in Fulton county, or Newnan, in Coweta county, or from any point on the Atlanta and West Point Railroad, in a southern direction, through or within one mile of Greeneville, Meriwether county, to a point on the line between Georgia and Florida, by and upon such route as said directors may choose or adopt, through the counties of Fulton, Campbell, Clayton, Fayette, Coweta, Meriwether, Pike, Upson, Talbot, Harris, Marion, Taylor, Schley, Macon, Sumter, Dooly, Lee, Worth, Dougherty, Colquitt, Irwin, Berrien, Brooks, Lowndes, Clinch and Echols, 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 , that said company shall not take, use or cross any public road until the consent of the county authorities is first obtained. Route, etc. Use, etc., of public roads. SEC. IV. 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

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a majority of them, to call a meeting of the stockholders at such place as may be agreed upon by them, of which meeting at least five days' notice shall be given by publication in some newspaper of this State, or by mailing to each stockholder a notice of such meeting, as said majority of the stockholders may deem best, at which meeting the stockholders elect a Board of Directors to manage the affairs of said company, which board shall consist of not less than seven, nor more than fifteen, stockholders, and the directors so elected shall elect one of their number as president of said company. At all elections a majority of the stock subscribed shall be represented in person or by written proxy. Said directors shall fill all vacancies occurring in their body until the next meeting of the stockholders, and shall appoint such subordinate officers and agents as they may deem necessary, and fix the salaries of same. Organization. Election of officers. Vacancies, etc. SEC. V. Be it further enacted, That said Board of Directors shall have the power to call in the subscriptions in such installments as they may deem best, 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 certificate shall be signed by the president and countersigned by the secretary, with the seal of the company attached; and such stock may be transferred on the books of the company by the owner thereof, or by his or her attorney in fact, appointed for that purpose. Said company shall have power to receive as a gift or 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. Stock subscription. Property rights. SEC. VI. Be it further enacted, That said railroad company shall have all the rights set forth in section 1689(l) of the Code of Georgia; provided , that nothing herein shall authorize said company to take or damage private property until just and adequate compensation is first paid. Disputed right of way, etc. 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 two hundred feet wide, and shall have the right to buy and sell such real estate as they desire. Said company shall have the power to issue bonds in such amount as said directors may deem necessary, and may mortgage all property belonging to said company, including right-of-way, rolling-stock, depots, privileges and franchises, for the purpose of securing said bonds, and may issue its notes to creditors. Right of way. Bonds, etc. SEC. VIII. Be it further enacted, That said railroad company shall have the right to purchase or lease any other railroad and all of its property, also to sell or lease its road, privileges and franchises to any other company, and also to consolidate, combine or connect with any other railroad company; provided , that nothing herein shall authorize said company to make any sale, lease or, contract which shall have the effect to defeat or lessen competition or to encourage monopoly. Purchase or lease of or sale or lease to other railroads.

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SEC. IX. Be it further enacted, That the provisions of section 5, chapter 1, title 1 and part 2 of the Code of 1882, the same being sections 1689(a) to 1689(vv), both inclusive, not in conflict with this Act, are hereby incorporated in and made a part of this Act. Certain provisions of the general railroad law made part of this Act. SEC. X. Be it further enacted, That nothing in this Act contained shall authorize said railroad company to take, cross or use any public street or road without the consent of the city, town or county authorities, and this charter shall continue for the term of fifty years, and unless ten miles of said railroad are built and equipped within ten years from the passage of this Act, this charter shall be null and void. Use, etc., of public street or road. Term of charter. Unless ten miles built, etc., within ten years charter void. 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 20, 1891. INCORPORATING ATLANTIC AND NORTHWESTERN RAILROAD COMPANY. No. 739. An Act to incorporate the Atlantic and Northwestern Railroad Company, with power to build branch roads, and to define its rights, powers and privileges, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Peyton Rowan, Wm. H. Forney, John H. Forney, Geo. H. Montgomery, George P. Ide, S. D. G. Brathers and W. H. Smith and others, their associates, who may become stockholders in said company, be, and they are, hereby created a body corporate under the name and style of Atlantic and Northwestern 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 and general powers. SEC. II. Be it further enacted, That said company shall have all the powers granted in section 1689(l) of the Code of 1882, relating to acquiring rights-of-way; provided , that nothing in this Act shall be construed to give to said company the right to take, use or damage any private property till just and adequate compensation be first paid; provided further , that said company shall not have the right to take, use or cross any public street or road without first obtaining the consent of the city or county authorities, as the case may be; provided further , that this charter shall be null and void, unless twenty miles of said road are built and equipped in five years from the passage of this Act. Right of way, etc. Charter void unless twenty miles built, etc., in five-years. SEC. III. Be it further enacted, That said company shall have the power and authority to survey, lay out, construct and equip and use a railroad of such gauge as they may elect, from the State line of the State of Georgia and South Carolina, in a direction of Port Royal; thence in a northwesterly direction, through the State

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of Georgia via the city of Macon and the city of LaGrange, in said State of Georgia, to the line of the State of Alabama, in the county of Troup, in this State, and by or upon such route as they may choose or adopt, and use and enjoy the same, and to charge for the transportation of passengers and freight such rates as may be just, reasonable and legal. Route etc. SEC. IV. Be it further enacted, That the capital stock of said company shall be one million dollars, to be divided into shares of one hundred dollars each, which said capital stock may be increased to a sum not exceeding six million of dollars, and books for the subscription to the said capital stock shall be opened by the incorporators under this Act, or any three of them, at such times and places as may be agreed upon by said incorporators or any three of them. Capital stock. SEC. V. Be it further enacted, That when five shares of the capital stock of said company shall have been bona fide subscribed for, it shall be the duty of the corporators, or any three of them, to call a meeting of the stockholders at such place as may be agreed on by them, of which meeting they shall give two days' notice in person to the several holders of the shares of said stock, at which said meeting the stockholders shall elect five or seven directors to manage the affairs of said company, and the directors so elected shall elect one of their number as president of the company. No person shall be elected a director who is not a stockholder, and at all elections a majority of the stock subscribed shall be represented in person or by written proxy. Organization. SEC. VI. Be it further enacted, That the president and directors shall hold their offices one year, or until their successors are elected, and shall, in their by-laws, fix the time and manner of holding meetings of the stockholders for the election of directors; and at the annual and special meetings of the stockholders each stockholder shall have one vote for each share of stock owned by him or her, and the vote shall be cast by the stockholders in person or by proxy in writing. Terms of office. Stockholders' meetings. SEC. VII. Be it further enacted, That the Board of Directors shall have power and authority to appoint or elect such officers as may be necessary in the management of the affairs of the company, and fix salaries for their services, and to fill all vacancies that may occur in their own body, until the next meeting of the stockholders. A majority of the board, including the president, shall constitute a quorum, and in case of the absence of the president or vice-president, a member of the board may be chosen to act as president pro tempore . Board of Directors. SEC. VIII. Be it further enacted, That whenever one hundred thousand dollars of the capital stock of the company shall have been subscribed, said company shall have the power to call the same in in such installments as the board may direct, and to collect the same by suit. Collection of stock subscriptions. SEC. IX. Be it further enacted, That as soon as any stockholder has paid up the full amount of stock subscribed by him or her, a certificate of stock shall be issued to him or her therefor, which

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said certificate shall be signed by the president and countersigned by the secretary, with the seal of the company attached, and such stock may be transferred on the books of the company by the owner thereof, or by his or her attorney in fact, appointed for that purpose. Certificates of stock SEC. X. Be it further enacted, That said company shall have the power to receive as a gift, and to purchase all such real and personal property as may be necessary for the use of said company for constructing their railroads, and such depots, side-tracks and turnouts as may be necessary. Property rights. SEC. XI. Be it further enacted, That said company shall have the right to take for its right-of-way a strip of land, not exceeding two hundred feet wide, and shall have the right to buy and sell also such real estate as they may desire. Right of way. SEC. XII. Be it further enacted, That the said Atlantic and Northwestern Railroad Company, acting by its Board of Directors, may borrow money by the issue of bonds of said company, of such amount or amounts, and of such denomination, as the said Board of Directors may prescribe, with interest coupons annexed, payable semi-annually in the city of New York, or at any place designated in said bonds, the principal of which bonds shall become due at such time as said Board of Directors may prescribe, and for securing the payment of said bonds, the said railroad company, by the said Board of Directors, may make and execute a mortgage to trustees, or a trustee, of the whole property of said railroad company, real, personal or mixed, of every kind and description whatsoever, acquired, or which may be afterwards acquired, including the franchises thereof, the right-of-way, the road-bed, iron, engines, depots, cars and rolling stock, rights and credits, which said mortgage and bonds and coupons shall be valid and binding when signed by the president of the Board of Directors, and countersigned by the treasurer of said company. Borrowing money, etc. SEC. XIII. Be it further enacted, That the Atlantic and Northwestern Railroad Company may adopt and locate its line of road on the whole, or any part or portion of the line, or right-of-way, heretofore located and held by any railroad company, and the same shall inure to the benefit of the said Atlantic and Northwestern Railroad Company, upon complying with the terms of this charter for acquiring rights-of-way. Use of right of way, heretofore located and held by other companies. SEC. XIV. Be it further enacted, That said railroad company, shall have the right to purchase or unite with any other railroad in this State, or other States, and its property and franchise, or any part thereof, upon such terms and conditions as may be agreed on by the stockholders of all the contracting parties or companies; provided , that no such contract shall have the effect to defeat or lessen competition or to encourage monopoly. Purchase of, or union with other railroads. SEC. XV. Be it further enacted, That the stockholders shall be liable for the debts of said company to the extent of their unpaid stock, and no further. Liability of stockholders for debts of corporation. SEC. XVI. Be it further enacted, That said company shall have the power and authority to consolidate its line of road with that

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of any other company in this State or that of any other State, in accordance with the general law of this State on this subject. Consolidation with other rail. SEC. XVII. Be it further enacted, That said company shall have its principal office and place of business in this State to be fixed by the Board of Directors. Principal office. SEC. XVIII. Be it further enacted, That the Board of Directors and stockholders of said company may hold their meetings, and transact any business of said company out of this State, and at any place which may be designated by said Board of Directors, in accordance with such by-laws as may be passed on this subject. Meetings of directors and stockholders may be held out of this State 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 20, 1891.

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TITLE II . STEAMBOAT, CANAL AND NAVIGATION COMPANIES, Etc. ACTS. Incorporating the South Atlantic Trade and Navigation Company. Incorporating the Fuel and Gas Lighting-Company of Atlanta. Authorizing Increase of Stock of the Propeller Tow-Boat Company of Savannah. Correcting Error in Title of Act Incorporating the Propeller Tow-Boat Company of Savannah. Authorizing Increase of Stock of the Savannah Dredging Company. Authorizing Increase of Stock of the Savannah Lighterage and Transfer Company. Incorporating the Ludale Transportation Company. Incorporating the Louisa Steamboat Company. Amending Charter of the Suwanee Canal Company. Incorporating the Brunswick and Altamaha Canal Company. INCORPORATING THE SOUTH ATLANTIC-TRADE AND NAVIGATION COMPANY. No. 77. An Act to incorporate the South Atlantic Trade and Navigation Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. D. G. Fowle, Francis B. Fleming, Jasper Miller, C. P. Goodyear and William H. Fleming, and their associates, successors and assigns, be, and they are, hereby constituted a body corporate under the name and style of the South Atlantic Trade and Navigation Company, and by that name shall have perpetual succession, with all the rights and privileges incident to corporations organized under the laws of this State. Said company shall have the power to sue and be sued in all courts of law and equity, to have and use a corporate seal, and to alter the same at pleasure, to purchase, receive, hold and enjoy real and personal property of every

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kind, including rights-of-way for canals, wharves, railways, roads and other means and lines of transportation, and to sell, convey, pledge, mortgage or lease any or all of its property at will, including the charter and franchises herein granted, and to issue bonds, notes or other obligations and borrow money on the same. Corporators. Corporate name and general powers. SEC. II. That said company shall have the power to purchase, construct, equip, own, maintain and operate steamships, sailing vessels or other water-craft, also railways, steam cars, electric cars or other cars, propelled by any power now used or hereafter discovered and applied for the transportation of freight and passengers by sea or land or otherwise; also, to purchase, construct, equip, own, maintain and operate such wharves, warehouses, and other, buildings as it may deem necessary or proper; and said company shall also have the power to do a general commercial business, including importing and exporting, buying and selling merchandise of all descriptions, and general factorage, warehouse and wharfinger business; also, to establish and maintain immigration depots and agencies, and to carry on the business thereof; the leading purpose of this charter being to encourage and promote direct trade between the South Atlantic ports in the States of North Carolina, South Carolina, Georgia and Florida, and the other ports of the United States, Central America, South America, England, Europe and other countries. Power to own, operate, etc. steamships, etc. Also railways, etc. Wharves warehouses, etc. General Commercial business. Immigration agencies. Direct trade. SEC. III. That said company shall also have power to make purchases and sales of and investments in all kinds of real and personal estate, and the stocks, bonds and securities of other corporations, and to make advances of money, goods, supplies and credit to other companies, contractors, shippers, factors or dealers in merchandise of any kind, or other persons. Purchases, etc., of the property of other corporations, etc. SEC. IV. That said company, for the purpose of carrying into effect the declared objects and purposes of its incorporation, shall also have the power to merge, consolidate or unite with any other steamship or navigation or railway company, or other corporation, and the stock of this company may be subscribed in whole or in part by such steamship or navigation or railway company, or other corporation. Merger, etc., with other companies. SEC. V. That the capital stock of said company shall be one hundred thousand dollars, in equal shares of the par value of one hundred dollars each, with the privilege of increasing said capital stock at any annual or special meeting of the stockholders. The corporators named in the first section of this Act, their successors or assigns or a majority of them, or of those living at the time, shall have power to open books of subscription at such times and places as they may deem expedient, and when one hundred thousand dollars of the capital stock has been subscribed for, and ten per cent. thereof has been paid in, the company may begin business, and the shareholders may elect a Board of Directors, to be composed of not less than five nor more than ten, 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

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be necessary for the government of the corporation. The directors of said company are authorized and empowered to carry into effect the purposes of this Act, and to have and exercise in the name and behalf of the company all the rights and privileges herein granted. A majority of the directors shall be citizens of the United States. Capital stock. Books of subscription. Organization. Directors. SEC. VI. That subscriptions to the capital stock of said company may be paid in money or in property, real or personal, or in labor, rights-of-way, franchises, concessions, or in stock or bonds of other corporations, or any other property of value may be received in payment for the stock of said company, subject to the approval of the Board of Directors. Should the capital stock at any time be increased, all the stockholders 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 Secretary of State of this State, and the official acknowledgment of the Secretary of State, 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. Stock subscriptions. Increase of stock. SEC. VII. That the stockholders of said company shall in no way be personally or pecuniarily liable for the debts, obligations or acts of said company, except to the extent of the unpaid subscription to the capital stock. The stock of said company shall be transferable only on the books of the company at its principal office. Any portion of the stock may be preferred stock. Liability of stockholders. Transfers of stock. SEC. VIII. That the principal office of said company shall be located at any place within this State that the Board of Directors may select, and it may be changed at any time to any other place in this State as the business interest of the company may require. Said Board of Directors may also locate and establish branch offices or agencies at such other places in the United States, in Central America, in South America, in England, in Europe or elsewhere, as the interests of the company may demand, and may change the same whenever it may be deemed best. Principal office. Branch offices. SEC. IX. That the directors of said company 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 vice-president, and said Board of Directors shall also have the power to elect a secretary, a treasurer and such other officers or agents as the proper conduct of the business of the company may require, or as may be provided for in the by-laws of the company, and this charter shall continue for the period of fifty years. Elections of officers. Term of charter. SEC. X. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1890.

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INCORPORATING THE FUEL AND GAS-LIGHTING COMPANY OF ATLANTA. No. 189. An Act to incorporate the Fuel and Gas-Lighting Company of Atlanta. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Aaron Haas, W. H. Patterson, Jacob Haas, M. Frank, J. T. Glenn, Dr. R. B. Ridley, Hoke Smith, A. P. Stewart, and such others as are now or may hereafter be associated with them, subscribers to the capital stock of the association intended to be hereby incorporated, and their successors, be, and they are, hereby made and declared to be a body corporate and politic, in deed and in law, by the name and style of the Fuel and Gas-Lighting Company of Atlanta. The principal office of said company shall be Atlanta, Fulton county, Georgia. Corporators. Corporate name and location. SEC. II. Be it further enacted, That said Fuel and Gas Lighting Company of Atlanta shall have the same powers, rights, privileges, guarantees, exemptions and immunities and shall be subject to the same liabilities and disabilities, and no more, as are given, granted and conferred upon the Atlanta Gas-Light Company by an Act incorporating said last named company, approved February 16, 1856, excepting only that this charter shall expire at the end of thirty years from the date of the approval of this Act; provided , that no right of exemption from any State, county or municipal taxation shall be granted or conferred upon said corporation by this Act. General powers, etc. same as those of the Atlanta Gas-Light Company. Term of charter. No exemption from taxation. SEC. III. Be it further enacted, Said company shall have the right to furnish gas for the purpose of fuel or any other purpose. Right to furnish gas SEC. IV. Be it further enacted, The capital stock of said company shall be fifty thousand dollars, with power, by a vote of the majority of the stockholders, to increase it to five hundred thousand dollars or any less sum. Capital stock. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 27, 1890.

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AUTHORIZING INCREASE OF STOCK OF THE PROPELLER TOW-BOAT COMPANY OF SAVANNAH. No. 294. An Act to amend the Act approved September tenth, eighteen hundred and eighty-five, incorporating The Propeller Tow-Boat Company of Savannah, so as to authorize its capital stock to be increased. 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 approved September 10th, A. D., 1885, incorporating the Propeller Tow-Boat Company of Savannah be, and the same is hereby amended, so that the capital stock thereof may be increased to five hundred thousand dollars, and for this purpose the fourth section of said Act, as by this Act amended, shall read as follows: That the capital stock of said company shall be fifty thousand dollars, but may be increased, from time to time, by the stockholders of said company as they may deem expedient or necessary, to such amount not exceeding five hundred thousand dollars, as they may determine, which shall be divided into shares of one hundred dollars each. Authorized to increase capital stock. 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 14, 1891. CORRECTING ERROR IN TITLE OF ACT INCORPORATING THE PROPELLER TOW-BOAT COMPANY OF SAVANNAH. No. 295. An Act to amend the Act approved the tenth of September, A. D., 1885, incorporating the Propeller Tow-Boat Company of Savannah, so as to correct a clerical error in the title of the same. SECTION FIRST (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 approved September 10th, A. D., 1885, entitled an Act to incorporate the Propeller Tow-Boat and Lighterage Company of Savannah, and for other purposes, be, and the same is, hereby amended, by striking from the title of said Act the words and Lighterage, so that the title of said Act shall read as follows, viz.: An Act to incorporate the Propeller Tow-Boat Company of Savannah, and for other purposes. The words and lighterage stricken from title of Act incorporating. Approved August 14, 1891.

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AUTHORIZING INCREASE OF STOCK OF THE SAVANNAH DREDGING COMPANY. No. 296. An Act to amend an Act entitled an Act to incorporate the Savannah Dredging Company, and for other purposes, approved October 6th, 1885, so as to authorize its capital stock to be increased. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled an Act to incorporate the Savannah Dredging Company, and for other purposes, approved October 6th, 1885, be, and the same is, hereby amended, by striking from the fourth section thereof the words one hundred and fifty, where they appear in the fourth and fifth lines of said section, and inserting in lieu thereof the words five hundred, so that said section, when amended, shall read as follows: That the capital stock of said company shall be fifty thousand dollars, but may be increased, from time to time, by the stockholders of said company, as they may deem expedient or necessary, to such amount, not exceeding five hundred thousand dollars, as they may determine, which shall be divided into shares of one hundred dollars each. Authorized to increase capital stock. SEC. II. Be it further enacted by authority of the same, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1891. AUTHORIZING INCREASE OF STOCK OF THE SAVANNAH LIGHTERAGE AND TRANSFER COMPANY. No. 302. An Act to amend an Act entitled an Act to incorporate the Savannah Lighterage and Transfer Company of Savannah, in the county of Chatham, approved September 13, 1883, so as to give said company the privilege of increasing its capital stock to five hundred thousand ($500,000) dollars, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the third section of the above recited Act be, and the same is, hereby amended, by striking out from said section the word fifty, where it occurs in the fourth line and inserting in lieu thereof the words five hundred,

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and by striking out the figures $50,000, and inserting in lieu thereof the figures $500,000, so that said section, as amended, shall read as follows: That the capital stock of said corporation shall be five thousand ($5,000) dollars in fifty (50) shares of one hundred ($100) dollars each; but the said corporation shall have the privilege of increasing its said capital stock to five hundred thousand ($500,000) dollars, or any less sum in similar shares, in such amounts, at such times and upon such terms as it may, by its rules, prescribe. Authorized to increase capital stock. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1891. INCORPORATING THE LUDALE TRANSPORTATION COMPANY. No. 395. An Act to incorporate the Ludale Transportation Company, to authorize the navigation of Broad river by steamboat, to transport freight, etc., from the boats of said company to neighboring railroads by horse or steam power, upon rails, 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 Emory Cason, of the county of Oglethorpe, and W. D. Hudson, of the county of Elbert, both of the 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 Ludale Transportation Company, with power under said name and style to sue and be sued, to plead and be impleaded, in all the courts of this State and elsewhere; to have and use a corporate seal, with power to alter, 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 necessary to the advancement of their purposes, powers or privileges of said corporation; to hold, use and enjoy and own 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 those which by the laws of this State are conferred generally on corporations. Corporators. Corporate name and 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 or purchase any number of boats, of any lawful structure of size, to be propelled or operated by steam or otherwise, and to operate and use the same as aforesaid

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by their officers, agents and servants, in the transportation of passengers, freights, mails and every other lawful commerce, and likewise to operate the same in the State of Georgia, but especially on Broad rivers, and either or both, North and South Broad rivers, which rivers are situated respectively between the counties of Wilkes, Oglethorpe and Elbert, and between Elbert, Madison and Oglethorpe; to build, equip, fit out or purchase all wharves, warehouses or other structures, improvements and landings that may be necessary to the safety or convenience of the business of said corporation; to build and equip any tramway or railroad from any landing on either of said rivers to [Illegible Text] to connect with the Georgia, Carolina and Northern Railroad, at any point on same, within two miles of the railroad bridge over North Broad river, and also to thus build to and connect with the Georgia Railroad, either at Washington or Crawford, Georgia, or to thus build to and connect with the Lexington Terminal Railroad at any point on same, together with the right to condemn, in a legal way, any land for right-of-way not exceeding one hundred feet in width, or other land necessary for said tramway or railroad or railroads, and build side-tracks for same wherever needed; to transport freight of all kinds and passengers on same, either by horse or steam power, and to have all other rights, privileges and powers usually had by railroad companies under the laws of Georgia, and for all services by said corporation, in the progress and execution of said powers, the power is hereby given to make reasonable charges and collect for 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 any other legal way, whether the same shall arise by contract, tort or otherwise. Authority to build, use, etc., steamboats etc. Also to build, etc., wharves, warehouses, etc. Also tramways or railroads. Right of way. Transportation of freight and passengers, etc. SEC. III. Be it further enacted, That the principal office of said corporation shall be at Ludale, in the county of Oglethorpe, and State of Georgia, but said corporation, by its Board of Directors, hereinafter provided for, may establish agencies whenever they may consider the business of the corporation demands such agencies. Principal office. Agencies. SEC. IV. Be it further enacted, That the capital stock of said corporation shall be forty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars, when those owning a majority of the stock shall so desire and vote, and that said stock shall be of the face value of one hundred dollars per share. Capital stock. SEC. V. Be it further enacted, That the stock, property and concerns of said corporation shall be managed and controlled by five directors, except as hereinafter provided, who shall be stockholders in said corporation, 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 may be prescribed by the by-laws of said corporation. Management. SEC. VI. 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

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elected, as hereinafter provided, and the one of whom may act as president and the other as secretary, as they may agree between themselves; to open books of subscription to said capital stock at such place or places as they may deem best; that the first election of directors of said corporation by the stockholders shall be held at the principal office of said corporation, on the first Monday in December, A. D., 1891, between the hours of 10 o'clock A. M. and 4 o'clock P. M. of said date, who shall hold their offices for the term of one year, and until their successors are elected. Organization. Books of subscription. First election of directors. Term of directors. SEC. VII. Be it further enacted, That said directors shall issue certificates of stock for such shares thereof as may be purchased, to be signed by the president and secretary of said corporation, which officers shall be stockholders, and shall be elected by the directors of said corporation, at which election a full board must be present, a majority of whom must control. In all elections by the stockholders, each stockholder shall be entitled to so many votes 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 , that there are no unpaid demands against said share, and in such event such stockholder shall not be entitled to a vote by virtue of such share; provided further , that the foregoing regulations shall govern the elections of directors for said corporation. No share of said capital stock shall be assigned except upon the books of said corporation, in such amount as may be prescribed by the by-laws of same. That said corporation shall have the right 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 determine. Said corporation shall have the right to make, issue and negotiate bonds in such amount 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 and other incumbrances as they may wish upon the property of said corporation, its franchises, privileges, immunities, boats, mills or other property owned or held in connection with its business, and generally to do everything to effectuate the powers herein granted by this Act. Certificates of stock. President and secretary. Vote of stockholders. Assignment of stock. Borrowing money, etc. SEC. VIII. Be it further enacted, That the stockholders of said corporation shall be liable for the debts of same only to an amount equal to such stock as they may hold. Liability of stockholders. SEC. IX. Be it further enacted, That the 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, hereinafter provided for, regulations and places for the meetings of their body, and at any time, when special meetings upon the call of the president, to conduct and control the business affairs of said corporation; to make all contracts and appoint all agencies and officers necessary, to affix the salaries and compensation of same, and to confer upon them any power or authority touching the business for which they may be employed, or said directors may transfer as much of said authority and management to the president as they may see fit. Such

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directors shall have the power to make such reasonable by-laws, not inconsistent with the laws of Georgia or of the United States, as they shall desire for the management of said corporation, to declare such dividends, from time to time, as the earnings of 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 further , that there shall be an annual meeting by the stockholders, the owning of a majority of the stock of said corporation constituting a quorum for the election of a Board of Directors, the time and place to be designated by said by-laws. Powers of directors. Annual meetings of stockholders. SEC. X. Be it further enacted, That the detailed duties of the said president and secretary, and such other officials as may be constituted by the said stockholders, shall be prescribed by said by-laws; that in all elections aforesaid by stockholders, a majority of the votes of the stock cast shall determine and control the question being voted upon. Duties of president and secretary, etc. SEC. XI. Be it further enacted, That said corporation shall have the right to commence operation and exercise all the rights and powers granted by this charter as soon as the sum of four thousand dollars has been bona fide invested in said stock, said amount to consist either of money, lands or other property; provided , if said sum of four thousand dollars is not bona fide invested in said stock within two years from the approval of this bill, then said charter shall ipse facto become void and of no effect; and said charter shall continue only for a term of fifty years, with a right of renewal thereafter. Right to begin business. Term of charter. SEC. XI. 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 10, 1891. INCORPORATING THE LOUISA STEAMBOAT COMPANY. No. 483. An Act to incorporate the Louisa Steamboat Company of Dublin, 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 J. D. Robeson, M. E. Robeson of Laurens county, Georgia, and H. W. Howard of New Hanover county, North Carolina, and W. S. Cook, W. A. Robeson, R. M. Nimocks and R. H. Tomlinson of Cumberland county, North Carolina, and such other person or persons, both residents and non-residents of this State, as are now, or may hereafter be associated with them, their successors and assigns, shall be, and they are, hereby constituted and made a body politic

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and corporate under the name and style of The Louisa Steamboat Company, and in and by that name and style may contract and be contracted with, sue and be sued, plea and be impleaded in any court of law or equity in this State, and in all other tribunals or places wheresoever their rights may come in question. They shall have the power to have and use a common seal, and to alter amend or destroy the same at pleasure; and to establish such ordinances, rules, regulations and by-laws as shall be by them, or their Board of Directors hereinafter provided for, deemed proper and requisite for the management and carrying on of the business of said company; provided , the same are not repugnant to the Constitution or laws of the State of Georgia, or the United States; with full power and authority to alter, amend or repeal such by-laws, from time to time, at their pleasure, and in such manner as may be prescribed by them or their Board of Directors. Corporators. Corporate name and general powers. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be ten thousand dollars, ($10,000.00), divided into one hundred shares of one hundred dollars each, with full power and authority to increase the same at any time to one hundred thousand dollars ($100,000.00), divided into shares of one hundred dollars each, by the vote of a majority of the stock of said company. And said company may commence operation as soon as said capital stock of ten thousand dollars is subscribed and ten per cent. thereof paid in, either in money or property; and in case of the failure of said company, or inability to pay its indebtedness, the corporate property and assets of every kind and description shall be liable for the corporate debts; and the stockholders of said company shall not be liable or individually chargeable for the debts of the corporation, nor shall they be assessed as shareholders, whereby to charge their private property with the corporate debts or obligations, nor any part thereof; but shall only be bound in their private capacity for the amount of stock prescribed for and unpaid by them. Capital stock. Right to begin business. Liability of corporation and stockholders for corporate debts. SEC. III. Be it further enacted by the authority aforesaid, That said The Louisa Steamboat Company shall be, and they are, hereby authorized and empowered to navigate the Oconee river in this State, and to ply the waters of said river between Dublin, in Laurens county, and Red Bluff, in Montgomery county, and between any other point or points they may deem most expedient and profitable, and to navigate all and singular, the rivers, bays, lakes, seas, oceans and other bodies of water in the State of Georgia, for the transportation of passengers, freights and mails, for which they are authorized and empowered to charge and collect reasonable and just compensation, and for the purposes aforesaid they shall have power and authority to make such contracts with connecting companies, or lines, whether navigation, railroad or other transportation companies, as they may deem most conducive to the best interests of their business; and to purchase, accept, rent, lease, hold, enjoy and in any lawful manner whatever acquire, own, hold and use property of all kinds, whether real, personal or mixed, and to acquire, lease, own and enjoy wharves, docks, quays and other

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terminal facilities, and to build, purchase, equip, fit out, charter, navigate, lease, rent, own, have, hold and enjoy and otherwise control ships, boats, barges and other water-crafts, propelled solely or partially by steam, electricity or other motive power, and to sell, lease, rent and in any lawful manner whatever to dispose of the same. Authorized to navigate Oconee river. And other rivers, bays, etc. Contracts with connecting companies. Property rights. SEC. IV. Be it further enacted by the authority aforesaid, That the business of said company shall be managed by a president and Board of Directors, which board shall consist of three members, who shall be elected from among the stockholders of said company, and said board shall elect one of their number president, and said election for directors shall be held by the stockholders annually, at such time and place and in such manner as shall be prescribed by the by-laws of said company, and until the first election hereunder said board shall be composed of J. D. Robeson, M. E. Robeson and H. W. Howard, and said H. W. Howard shall be president of said company, and all acts of these directors shall be valid and binding as against said company until their successors are elected. Said president and directors shall have power to conduct and control all the business of said company, except as to matters expressly ordered otherwise by the stockholders or a majority of them, in meeting assembled, to make all contracts, and appoint all officers and agents necessary in their opinion for conducting the business, and to fix the salaries for the same, and to confer on them or any of them any power or authority touching the business for which they may be employed, and the president and directors shall call in from the stockholders all sums subscribed for at such times and in such payments or installments as the directors shall deem proper, under the penalty of forfeiting the shares of stock subscribed for and all previous payments made thereon, if payment shall not be made by the stockholder within sixty days after demand or notice requiring payment shall have been published once a week for four weeks in the newspaper containing the sheriff's advertisement, published in the place where the principal office of such company shall be situated, but the recovery, by action, of any installment shall preclude the company from forfeiting any stock by reason of the non-payment of any such installment. Said Board of Directors shall also have the power to declare such dividends, from time to time, as the earnings of said company may warrant, and shall exercise all and singular other powers usually exercised by the directors of a corporation in controlling the affairs of the same; provided , 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. Said Board of Directors shall also have power to borrow money, from time to time, and to issue therefor bonds or obligations upon such terms as may be agreed upon, to an extent altogether, not to exceed one-half the amount of the capital stock then actually paid in, and to mortgage or hypothecate any of the property

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of the company to secure such bonds or obligations; provided , that the authority to the Board of Directors to so borrow money and issue bonds and obligations shall be conferred by the stockholders of the company in meeting assembled, and to this end the votes of a majority of all the stock of said corporation shall be sufficient to confer such power. Management. Election of directors Temporary directors. Powers of president and directors. Installments of stock. Dividends, etc. Power of stockholders. Borrowing money, etc. SEC. V. Be it further enacted by the authority aforesaid, That it shall be the duty of said company to cause a book to be kept by the secretary or treasurer thereof, containing the names of all persons who may be stockholders in said company and their place of residence, and the number of shares held by each, and the names of the assignors and assignees of stock, and the number of shares transferred; and said stock shall be transferable only on the books of said company, as may be prescribed in the by-laws, but no share shall be transferred until all previous calls thereon shall have been fully paid in, and no transfer or assignment of stock shall operate to release any holder from obligation to said corporation, without the consent of the Board of Directors. Said book shall at all times, during the hours of business, be opened to public inspection. Registry of stockholders, etc. Transfers of stock. SEC. VI. Be it further enacted by the authority aforesaid, That any number of the stockholders of said corporation, who own or represent at the time one-third of the capital stock actually paid in, by giving twenty days' notice thereof in the newspaper in which the Sheriff's advertisements are published, in the county where the principal office is located, may call a meeting or convention of all the stockholders of such corporation, at such time and place as may be in such call designated; but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the company unless a majority of the stock shall be represented at such meeting. For the election of directors a plurality of the votes cast shall be sufficient, but for all other purposes a majority of all the stock of the company shall be voted in favor of to effectuate the said purposes; nothing herein provided shall prevent the Board of Directors from calling a meeting or convention of stockholders whenever, and on such notice, as said board may deem proper. Called meetings of stockholders, etc. SEC. VII. Be it further enacted by the authority aforesaid, That the principal office of said company shall be in Dublin. Laurens county, Georgia, but they shall have the right to establish such branch office or offices at such place or places as, from time to time, they may deem proper. They shall have perpetual succession for a period of fifty years, with the right of renewal at the expiration of said time. Principal and branch offices. 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 September 21, 1891.

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AMENDING CHARTER OF SUWANEE CANAL COMPANY. No. 531. An Act to amend the Act incorporating the Suwanee Canal Company, approved October 29th, 1889, and to authorize said The Suwanee Canal Company to make promissory notes and other negotiable papers, to execute and issue bonds of such denominations, to become due at such times and bearing such rates of interest as the directors of said company may determine, not exceeding two million dollars in aggregate amount, and to execute mortgage or mortgages upon any part or all of its property, to secure the payment of the same; to authorize said company to issue preferred stock, or to make any portion of its stock already issued preferred; and to authorize said The Suwanee Canal Company to carry on the business of manufacturing and selling the lumber taken from the lands in and adjoining the Okefenokee swamp, and for such purposes to purchase and hold land on or in the vicinity of the said swamp, the canal of the company, and the St. Mary's river. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the first section of the Act incorporating the Suwanee Canal Company, approved October 29th, 1889, be, and the same is, so amended as to authorize said company to make promissory notes and other negotiable instruments, and to execute and issue bonds of such denominations, to become due at such times, and bearing such rate of interest as the directors of said company may determine, not exceeding two millions of dollars in aggregate amount, and to execute mortgage or mortgages upon any part or all of its property to secure the payment of the same. Authority to issue notes, bonds, etc. SEC. II. Be it further enacted, That the second section of the Act aforesaid be amended by adding thereto the following sentence: The Suwanee Canal Company shall be authorized to issue preferred stock, or to make any portion of its stock already issued preferred; provided , the aggregate amount of all the stock, common and preferred, shall not exceed five million dollars. Preferred stock. SEC. III. Be it further enacted, That the following section be added to said Act incorporating said The Suwanee Canal Company, approved October 29th, 1889, to be known as section 15, to-wit: `The Suwanee Canal Company' is hereby authorized to carry on the business of the manufacture and

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sale of the lumber taken from the lands in and adjoining the Okefenokee swamp, and for such purpose to purchase and hold lands on or in the vicinity of the said swamp, the canal of the company and the St. Mary's river, and upon the same to erect mills, buildings and other establishments and machinery necessary to the successful manufacture and handling of lumber. The said company is also authorized to purchase, hold, sell and convey lands in and adjoining said Okefenokee swamp, in the vicinity of its canal, and of the St. Mary's river, for the purpose of providing homes for its operators, and others brought to that vicinity, by the successful inauguration of the enterprise to reclaim the lands of said swamp, to remove the timber therefrom and to successfully manufacture and sell the same. Manufacture and sale of lumber. Purchase, sale, etc., of lands. 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 1, 1891. INCORPORATING THE BRUNSWICK AND ALTAMAHA CANAL COMPANY. No. 742. An Act to incorporate the Brunswick and Altamaha Canal Company, and to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That John E. DuBignon, W. E. Burbage, T. W. Lamb, H. F. Dunwody and W. G. Brantley, their associates successors and assigns, be, and they are, hereby incorporated and created a body corporate and politic by the name of the Brunswick and Altamaha Canal Company, and by that name shall have the right to sue and be sued, answer and be answered unto, defend and be defended in all the courts of Georgia or elsewhere; to have and use a common seal, and the same to alter, destroy and renew at pleasure; to make by-laws, rules and regulations, binding on its own members, and not inconsistent with the laws of the State of Georgia and of the United States; to receive donations by gift or will; to purchase and hold such property, real or personal, as is necessary to the purpose of its organization, and to do all such acts as are necessary for the legitimate execution of

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this purpose; to determine as to the number of directors, time and mode of electing them; and the said incorporators, or any one of them, may open books for subscription to stock at such times and places as they may deem proper. Corporators. Corporate name and 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 privilege of increase to one million dollars, the said capital stock to be divided into shares of one hundred dollars each; and that said company may commence operations when ten thousand dollars of the capital stock shall have been subscribed and five thousand dollars of the same actually paid in in cash or its equivalent. The stock of said company shall be transferable only on the books of said company, in person or by attorney. Capital stock. Right to begin business. Transfer of stock. SEC. III. Be it further enacted by the authority aforesaid, That said company shall have the right to construct, build, purchase, make, own and operate and maintain a canal, of such dimensions as it may deem suitable, from Turtle river or bay, in Glynn county, to the Altamaha river, to communicate with the harbor of Brunswick, with such lateral canal or canals as may be necessary or desirable, and to use and operate said canal for the transportation of vessels, boats, barges and other water-crafts, timber, lumber and other products and things, and for that purpose to construct such locks, dams, booms and other contrivances as may be necessary for the purpose aforesaid; and said company shall have the right, the same as a natural person, to acquire and hold, by purchase, gift, donation or subscription to stock, any real or personal property, or both, necessary or convenient in the execution of the purposes aforesaid, and the same may sell, alienate, mortgage and encumber whenever to them it shall seem proper to do so. Right to construct, operate, etc., canals. Locks, dams, etc. Real or personal property. SEC. IV. Be it further enacted by the authority aforesaid, That said company may acquire by gift, purchase, donation or subscription to stock any canal now existing, or which may be in part only constructed, and may acquire, hold, use, maintain and proceed to enforce by purchase, gift, donation or sale, subscription to stock or otherwise, all or in part, the rights, titles, claims, properties, privileges and powers held, used and enjoyed by the Brunswick Canal and Railroad Company, and its successors and assigns, under and by virtue of an Act of the Legislature of Georgia, approved December 20, 1834, and entitled An Act to amend and consolidate the Acts granting chartered rights and privileges to William B. Davis, Urbanus Dort and their associates to establish a company to construct a canal or railroad, or both, from the Altamaha to Turtle river, in Glynn county, or to

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Brunswick, passed 20th of December, 1826, and the 14th of December, 1830, and the Acts of said Legislature amendatory thereof; provided , that nothing in this section contained shall have the effect, or be intended to have the effect, to defeat or lessen competition or to encourage monopoly; provided , that nothing in this section contained shall be construed to affect or change property rights of any person or persons or corporations existing prior to the passage of this Act, or to revive any title to any canal property which may have been lost by limitation or by operation of law, or otherwise. May acquire canals now existing, etc. But not so as to affect competition. Nor change property rights of others. Or revive title to property. SEC. V. Be it further enacted by the authority aforesaid, That said 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. Power to build, etc., tramways telegraph lines, boats etc. SEC. VI. Be it further enacted by the authority aforesaid, That said company shall have the power to select and take, purchase or receive as donations or otherwise, such strips or parcels of land from the Altamaha to Turtle river or their branches, for the said canal and canal purposes, not exceeding three hundred feet in width on each side of the canal, along the route they may select for said canal, and along the streams they may choose to improve as feeders to it; and in all cases of disagreement as to the value of said strips or parcels of land between said company and the owner or owners thereof, it shall be lawful for each party to choose an arbitrator, which said two arbitrators shall choose a third, all three of whom shall act, and the judgment of a majority of whom shall be final, subject to the right of appeal hereinafter provided; and in the event either party declines to choose an arbitrator upon three days' notice, the Ordinary of the county of Glynn shall appoint such arbitrator for such party, and if said arbitrators cannot agree upon a third arbitrator, the Ordinary of the county of Glynn shall appoint such third arbitrator, who shall examine the land sought to be appropriated for the use of said company and award in writing the amount of damage, 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, 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 Court, in addition to the usual oath, shall be sworn, in assessing damages, to take into consideration the prospective value to the land and premises

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through which the said canal and slack-water improvements may run, and to hear evidence touching the same, and upon payment of damages so assessed, a fee simple title to such strips or parcels of land shall vest in said company. Right of way. Disputed right of way. SEC. VII. Be it further enacted by the authority aforesaid, That said company shall have full power to charge and collect such rates of freight, toll and charges as are just and lawful, on all vessels, boats and other water-craft, rafts, timber and on all and every article, product or thing which may pass their canal or through the slack-water improvements made by said company to connect with it, or through any part of the same or any part of said canal; and for all such freights, tolls and charges the said company shall have a lien on the property so passed or conveyed, and shall have the right to dispose of the same at public outcry to satisfy the amount of such toll or charges, when left unpaid for the space of thirty days, upon giving thirty days' notice of such sale, except in cases of perishable property, which may be sold by order of the Judge of the Superior Court or Ordinary, according to law; advertisements in either case to be in the newspaper in Glynn county in which Sheriff's advertisements are published, subject to the right of the owner or his agent to make affidavit of illegality setting up a legal reason why said sale should not proceed. Tolls, charges, etc. Lien for. SEC. VIII. Be it further enacted by the authority aforesaid, That whenever the said canal shall intersect a public road the company shall build a safe and substantial bridge, and keep the same in repair, and all and any public or private bridges may be at any time built across the said canal and free access allowed by the company; provided , such bridge or bridges shall not obstruct, or in any way incommode the navigation or use of said canal. Intersection with public road Bridges across canals. SEC. IX. Be it further enacted by the authority aforesaid, That any person or persons willfully or maliciously obstructing or in any manner interfering with said canal, or interfering or injuring in any way its locks, basins, tow-paths, feeders, docks, or anything appertaining to the said canal company's property, shall be liable to indictment as for a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia, and shall also be liable for such damages as may be sustained thereby. Penalty for obstruction, etc., of canals, etc. SEC. X. Be it further enacted by the authority aforesaid, That said company shall have the exclusive privilege to construct and operate a canal for a distance of five miles on each side of the route selected by them during the existence of this charter, and that this charter shall continue of force for the date of fifty years from the date of its approval;

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provided , said route shall be selected within three years from said date, and said company shall commence within five years from said date, in good faith, to exercise the powers herein conferred. Exclusive canal privileges. Term of charter, etc. SEC. XI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891.

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TITLE III . INSURANCE AND GUARANTY COMPANIES. ACTS. Incorporating the Fidelity Life and Accident Insurance Company. Incorporating the Empire Mutual Accident Association of Atlanta. Incorporating the Atlanta Accident Association. Incorporating the United States Accident Insurance Company of Atlanta, Georgia. Incorporating the Southern Accident Insurance Company of Augusta, Georgia. Incorporating the Southeastern Mutual Accident Association of Athens, Georgia. Incorporating the Southern Mutual Accident Association of Macon, Georgia. Incorporating the Southern Fire Insurance Company of the State of Georgia. Incorporating the International Railway Employees' Accident Association. Incorporating the Southern Industrial Aid Society. Incorporating the National Guaranty Company. Incorporating the Grand Lodge of the Independent Order of Good Samaritans and Daughters of Samaria of Georgia. Incorporating the Stephens Industrial Society. INCORPORATING THE FIDELITY LIFE AND ACCIDENT INSURANCE COMPANY. No. 8. An Act to incorporate the Fidelity Life and Accident Insurance Company, to define its powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. W. English, W. 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 Fidelity Life and Accident Insurance Company, with succession for and during the term of fifty years, and with power under this name to contract and be contracted with, 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

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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 and regulations are not in conflict with the laws of this State, and to do and perform each and every act requisite, necessary or expedient to carry on the business of said corporation. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said company shall be one hundred thousand dollars, divided into one thousand shares of the par value of one hundred dollars per share, but the same may be increased to any amount by a majority vote of the shareholders, and said company may begin business whenever as much as ten thousand dollars shall have been actually paid in. Said capital, and all increase thereof, shall be paid in such manner as may be called for by the Board of Directors, and a failure on the part of any subscriber to pay amount of his or her subscription within thirty days after the same shall have been called shall subject all such delinquent shares to forfeiture or sale, as may be provided in the by-laws of said company. Capital stock. Failure to to pay for stock. SEC. III. 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 directors, and a majority shall constitute a quorum for transaction of business; they shall be elected for one year, and shall hold office until their successors are elected and qualified, and shall have power to elect all officers and to fill all vacancies in their own body or among said officers. The officers of said company shall consist of a president, one or more vice-presidents, secretary and treasurer, and general counsellor, and such other officers as the Board of Directors shall deem necessary, but the same person may hold one or more of said offices, and the board may at any time abolish any office or create any additional office that they may deem necessary and proper. 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. Directors and officers SEC. IV. Said company shall have the right to do a general life and accident and fidelity insurance business; to grant insurance for a premium to be paid upon the lives of individuals, and of every insurance pertaining thereto; the granting, purchasing and paying of annuities and indemnities; to insure and indemnify persons for accidental loss of life, limb or personal injury; to insure persons, corporations or copartnerships against loss from accidents happening to employees, or to any other person or persons, through accidental

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means; to guarantee the fidelity of any person or persons holding places of trust, public or private, or employed by any corporation or persons doing business in this State or any other State; and shall also have the power of guaranteeing any bonds or undertakings by joining as security therein, or otherwise to guarantee, insure or indorse securities for money, including notes, bonds, debentures or any 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 insure the titles of real estate for a valuable consideration; to lend money upon real estate or other acceptable security; to buy or sell real estate, bonds, stocks or other property; to erect buildings, and otherwise improve its real estate; to execute and issue all such policies and contracts of insurance on the life or against injury or disability, or guarantee the fidelity of persons in positions of trust, in such form and for such premiums as may be fixed; to receive and enforce all contracts, bonds or other instruments in writing, and to do any and all things necessary or desirable to carry on the business of life, accident and fidelity insurance as completely as the same could be done by an individual; provided , such acts and deeds shall not be contrary to law. Insurance powers. Power to guarantee, etc., bonds, securities, etc. To insure titles to realty, etc. Forms and premiums, etc. SEC. V. The principal office and place of business shall be in Fulton county, Georgia, but branch offices and agencies may be established wherever and whenever it may be deemed to the interest of the company so to do, and the Board of Directors may appoint agents, general, special or local, as it may deem proper, fixing the compensation of all such agents and requiring such bond and security for the faithful performance of their duties as they may deem proper. Principal and branch offices. Agents. SEC. VI. The persons named in the first section of this Act, or a majority of them, are hereby appointed commissioners, with power to open books of subscription to the capital stock at such time and place as they may deem best, and when stock to the amount of one hundred thousand dollars shall have been subscribed for, said commissioners may call a meeting of the subscribers, and at such meeting the company may be organized and the officers elected; provided , a majority in amount of the stock shall be present or represented. In the event less than a majority shall attend, said commissioners may adjourn, from time to time, until a sufficient attendance can be had, when said organization may be completed. Books of subscription. Organization. SEC. VII. Be it further enacted, That said company may lend its own or the money of others for any length of time agreed upon, at not exceeding eight per cent. interest, on

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real estate or other acceptable security, and may include in the note or obligation therefor the interest for the whole time, and collect said principal and interest in monthly, bimonthly, quarterly or semi-annual installments, or otherwise, as may be agreed upon, without any rebate of interest. Loans and interest. 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 25, 1890. INCORPORATING THE EMPIRE MUTUAL ACCIDENT ASSOCIATION OF ATLANTA. No. 44. An Act incorporating the Empire Mutual Accident Association of Atlanta, Georgia, to grant power to the same to transact the accident insurance business upon the cooperative or assessment plan, to collect assessments, fees, annual dues, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That R. E. Sibley, B. Wylie, J. J. Falvey, and their associates and successors, be, and they are, hereby incorporated and made a body politic, under the name of the Empire Mutual Accident Association of Atlanta, 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 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. Corporate name and general powers. SEC. II. Be it further enacted, The principal office for the transaction of its business shall be located in Atlanta, Georgia, but they shall have authority to establish and abolish such other branch or branches in this State, or out of it, as in the discretion of the Board of Directors may be beneficial or necessary. Principal and branch officers. SEC. III. Be it further enacted, The mode and manner in which the corporate powers hereby granted are to be exercised is as follows: The officers of said association shall consist of a president, vice-president, secretary, and a treasurer, and a Board of Directors composed of the president,

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vice-president, secretary and four other members, all of whom shall be elected and hold office in accordance with, and perform such duties as prescribed by the by-laws of the association. The Board of Directors shall have general control and management of the affairs of the association, and of all its funds; execute and carry into effect the provisions of the by-laws not otherwise provided for, and all other duties and measures imposed on them by the by-laws; that for the purpose of permanent organization said incorporators, or a majority of them, shall meet so soon as practicable after the granting of this charter in Atlanta, and shall be empowered to elect by a majority of individual votes a board of seven directors, which Board of Directors shall in like manner complete the organization by the election of a president, vice-president, secretary and a treasurer, all or any of whom may be from their body; and said Board of Directors shall have authority to appoint such other officers and agents as in their discretion may be necessary; that said Board of Directors shall hold their offices for such terms as by the by-laws may be declared, and until their successors are elected and qualified. Directors and officers Organization. Terms of directors. SEC. IV. Be it further enacted, The said association shall hold a stated annual meeting of its members in the city of Atlanta at such time as may be prescribed by the by-laws, at which meeting each member shall have an equal vote. Any member may delegate his vote to a proxy, who shall also be a member of said association. Annual meetings of members. SEC. V. Be it further enacted, That this association is organized for the purpose of mutual aid and protection, and it shall have no capital stock except the assessments to be levied upon its members to pay losses incurred. No assessment upon any individual member shall be greater than the amount fixed in the by-laws, and no loss paid shall be greater than the maximum amount contracted for in the policy. No capital stock. Assessments. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1890.

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INCORPORATING THE ATLANTA ACCIDENT ASSOCIATION. No. 48. An Act to incorporate The Atlanta Accident Association, to define its powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That John A. Fitten, J. J. Knott, D. M. Bain, J. C. Hallman, George Muse, B. R. Blakely, Clark Howell, W. B. Miles, J. T. Orme, W. H. Stockton and J. M. Ponder, their associates and successors, be, and they are, hereby incorporated and made a body politic and corporate for a term of forty (40) years, under the name of The Atlanta Accident Association. Corporators. Corporate name. SEC. II. Be it further enacted, that said corporation shall have the power and authority to transact and carry on the business of accident insurance, on the mutual assessment plan, with power to make assessments on its members, from time to time, as may be provided in its by-laws, for the purpose of accumulating a fund proper and sufficient to pay to such of its members as may incur or suffer injuries from accidental causes such amounts as may by its by-laws be provided, and to authorize said corporation to charge and collect a fee for the admission of members into said corporation, and to require the payment of dues as may be fixed by its by-laws; such admission fees and dues to be applied to the expenses of carrying on the business of said corporation, including the salary or compensation of its officers and agents, and otherwise. Insurance powers. SEC. III. Said corporation shall have the power under its corporate name to contract and be contracted with, to have and to use a common seal, to sue and to be sued, to plead and be impleaded in all the courts of law and equity in this State, and in other States, as by comity and law provided. Said corporation is to have no capital stock except such accumulation and surplus as may be derived or accrued by the carrying on of the accident insurance business on the mutual assessment plan, as hereinbefore provided, but said corporation is hereby vested with the authority to invest any such accumulation or surplus in any property, real or personal, and to loan the same, and to control such accumulation or surplus as fully and completely as an individual may do, in conformity to the laws of corporations. General powers. Capital stock. Investment, etc., of surplus. SEC. IV. Said corporation shall have power to collect premiums for insuring against the loss of life and against

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injuries to persons from accidental causes, and shall be required to meet its insurance and engagements as fully as is required of accident insurance companies doing business in this State, and all funds received by said corporation, and all property acquired, and all proper accumulations and surplus of said company, shall be liable for all engagements or of insurance against loss of life by and for injuries from accidental causes, and for all other contracts and engagements which said corporation may enter into or become by law chargeable with. Premiums, etc. Property chargeable for contracts of corporation. SEC. V. Said corporation shall have the power and authority to choose a Board of Directors, consisting of such number of persons as said corporators and their successors may deem necessary, to serve for such terms as may be prescribed by the by-laws and rules of said association. Said association is hereby fully authorized to establish any and all such by-laws, rules and regulations for its government as it may desire, not in conflict with the Constitution and laws of this State and of the United States. Said corporation is also empowered to create any new office it may deem necessary, or to abolish any office already in existence; shall have the power to require its officers and agents to give bond and security, in such amounts as it may prescribe, for the faithful performance of their quties, respectively. Directors. By-laws, etc. Officers Bonds of officers and agents. SEC. VI. In carrying on the business of accident insurance such association shall have the right to contract to pay to the heirs or legal representatives of a deceased person, whose death resulted from accidental cause, such sum as it may by contract have engaged so to pay, and in addition thereto is also empowered to pay annuities to such classes, and for such injuries as may have resulted from accidental cause, in all cases in which said association has by contract engaged or become liable to pay the same, and shall have all the usual and ordinary powers incident under the law and custom of accident insurance, which is not in conflict with the Constitution and laws of this State and the United States. Payment to heirs, etc., of deceased persons. Annuities, etc. SEC. VII. The principal office of said corporation shall be in Atlanta, Fulton county, Georgia, but said corporation may establish branch offices and agencies in other places in this State and elsewhere, as provided by law and comity. Principal and branch offices. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1890.

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INCORPORATING THE UNITED STATES ACCIDENT INSURANCE COMPANY OF ATLANTA, GEORGIA. No. 59. An Act to incorporate the United States Accident Insurance Company of Atlanta, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That R. U. Hardeman, C. E. Currier, G. A. Cabaniss, Thos. H. Willingham, H. H. Cabaniss, Thos. Willingham, E. S. Riley, W. G. Paschall, Joseph Thompson, R. S. Sibley, R. C. Freeman and W. J. Willingham, Jr., their associates and successors, are hereby created a body corporate and politic for the period of twenty years, with the privilege of renewal at the expiration of that time, known by the name of the United States Accident Insurance Company of Atlanta, Georgia, and by that name shall be competent to sue and be sued, to purchase, hold and convey property of all descriptions, to make, have and use a common seal, and generally to do any act necessary to carry into effect the business of the corporation, not inconsistent with the laws and Constitution of the State or the United States. Corporators. Corporate name and general powers. SEC. II. The principal office for the transaction of the business of said corporation shall be located at Atlanta, Fulton county, Georgia, with authority to locate branch offices elsewhere in the United States, or in such other place or places as may be agreed upon by said corporation or its officers. Principal and branch offices. SEC. III. The business of said corporation shall be the insuring of persons against accidental loss of life or personal injury, sustained from any cause or causes whatsoever, sustained or happening in the United States or other countries, and contracts of insurance, membership certificates, accident policies, etc., may be made on such terms and conditions, and for such periods of time, and confined to such persons, as shall be, from time to time, ordered and provided for by the by-laws of said corporation. The transaction of said casualty insurance shall be upon the co-operative or assessment plan, under and pursuant of the provisions of this Act. Any person, resident of the United States or of the Dominion of Canada, over eighteen and under sixty-five years of age, of sound mind and body, in good health and of temperate habits, whose occupation is such as to be comprised in the classification known as preferred risks among casualty companies, shall be eligible for such insurance and to membership

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of the association or corporation, and may be admitted to such membership under such regulations as are contained herein, and in the by-laws of said association; that said association or corporation shall have authority to furnish a substantial weekly indemnity to its members in case of accident; to provide for the widows, orphans and legal heirs of its members, or the beneficiaries stipulated in the policy or membership certificate issued by said corporation, in case of accident that result in death within ninety days from the happening thereof, or to provide substantial support for any of its members who, through accident, may be permanently disabled, which benefit, relief or aid shall be derived from assessments on its members and interests that may accrue on same, and rebates, if any, from amounts payable to beneficiaries or legal heirs, or from a fund that may be provided under the by-laws of said association by assessments for that purpose; that the money so realized shall be applied to the uses and purposes of said association or corporation and the expense of the management and prosecution of its business, as provided in the by-laws thereof, or as provided in such by-laws as may be made for the government of same. Insurance powers. Membership. Weekly indemnity. Accident resulting in death. Permanent disability. Assessments, etc. SEC. IV. That said association or corporation shall have power and authority to issue certificates of membership or policies to persons who shall apply for membership therein, and be accepted according to the by-laws thereof, and to incorporate and insert, in said policy, all the rights and privileges incident to accident insurance, granted under and by virtue of this bill. Certificates or policies. SEC. V. As this company is intended to be purely a co-operative assessment and casualty insurance association, and to be purely mutual, it has no capital stock, except the assessment to be levied upon its members to pay losses incurred as herein set out, and no benefit shall attach to any one until he, or she, or them, are in full fellowship as a member, by the payment of his, her or their admission fee, and of such dues as may be prescribed by the by-laws of said association. No capital stock. SEC. VI. In order to secure the prompt payment of losses, it shall be lawful for the officers of said association to create a beneficiary fund, and to this end they are empowered to levy a preliminary assessment to such an extent as may be provided by the by-laws of said association, which said fund, when so created, shall be used for the payment of losses, or such current expenses of said association as may be needed for the purpose of running the same. Beneficiary funds.

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SEC. VII. In order to organize said corporation, said corporators, or any five of them, shall meet in Atlanta, Fulton county, Georgia, and shall be empowered to elect a Board of Directors, composed of eleven persons, who shall be of said corporators, and the directors so elected shall complete the organization by the election from their own number, a president and secretary, and such other officers as said directors shall deem necessary to carry on said business, or as may be prescribed by the by-laws. Organization. SEC. VIII. Said Board of Directors, when so elected, shall also have power to frame and enact such by-laws for the government of said association as a majority of them shall agree upon. They shall have power at any time to remove any officer or agent of the company for sufficient cause; to provide their compensation, and to provide for taking bonds for the protection of the corporation, and to fill any vacancy which may occur in their body, and shall otherwise be vested with the rights and duties pertaining to their respective offices, as may be prescribed by the by-laws of this association. Due provisions may also be made in said by-laws for the expulsion or removal for cause of members or officers of the Association. Powers of directors. SEC. IX. Be it further enacted, That said directors shall have the power to fix and frame all certificates of membership, as well as certificates of insurance and applications for membership, and all such act or acts as shall be necessary to carry into effect the object and purposes of said association. Term of certificates and applications for membership, etc. Be it further enacted, That this Act shall take effect from and after its passage. Approved December 16, 1890. INCORPORATING THE SOUTHERN ACCIDENT INSURANCE COMPANY OF AUGUSTA, GEORGIA. No. 182. An Act to incorporate the Southern Accident Insurance Company of Augusta, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That J. H. Jackson, H. C. Roney, T. P. Henry, Eb. T. Williams, their associates and successors, are hereby created a body corporate and politic for the period of twenty years, with privilege of renewal at the expiration of that

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time, known by the name of the Southern Accident Insurance Company of Augusta, Georgia, and by that name shall be competent to sue and be sued, to purchase, hold and convey property of all description, to make, have and use a common seal, and generally to do any act necessary to carry into effect the business of the corporation not inconsistent with the laws and Constitution of this State or the United States. Corporators. Corporate name and general powers. SEC. II. The principal office for the transaction of the business of said corporation shall be located at Augusta, Richmond county, Georgia, with authority to locate branch offices elsewhere in the United States, or in such place or places as may be agreed upon by said corporation or its officers. Principal and branch offices. SEC. III. The business of said corporation shall be the insuring of persons against accident, loss of life or personal injury sustained from any cause or causes whatsoever, sustained or happening in the United States, or other countries; and contracts of insurance, membership certificates, accident policies, and so forth, may be made on such terms and conditions, and for such periods of time, and confined to such persons as shall be, from time to time, ordered and provided for by the laws of said corporation. The transaction of said casualty insurance shall be upon the co-operative or assessment plan, under and pursuant of the provision of this Act. Any person, resident of the United States or of the Dominion of Canada, over eighteen and under sixty-five years of age, of sound mind and body, in good health and of temperate habits, whose occupation is such as to be comprised in the classification commonly known as preferred risks among casualty companies, shall be eligible for such insurance, and to membership of the association or corporation, and may be admitted to such membership under such regulations as are contained herein and in the by-laws of said association; that said association or corporation shall have authority to furnish a substantial weekly indemnity to its members in case of accident; to provide for the widows, orphans and legal heirs of its members, or the beneficiaries stipulated in the policy or membership certificate issued by corporation in case of accident that shall result in death within ninety days from the happening thereof, or to provide substantial support for any of its members who, through accident, may be permanently disabled, which benefit, relief or aid shall be derived from assessments on its members and interests that may accrue on same, and rebates, if any, from amounts payable to beneficiaries or legal heirs, or from a fund that may be provided under the by-laws of said association by assessments for that purpose; that the money so realized shall be applied to the uses and purposes of said association or corporation and the expense of the management and prosecution of its business, as provided in the by-laws thereof, or as approved in such by-laws as may be for government of same. Insurance powers. Membership. Weekly indemnity. Death losses. Permanent disability. Assessments. SEC. IV. That said association or corporation shall have power and authority to issue certificates of memberships or policies to persons who shall apply for memberships therein, and be accepted according to the by-laws thereof, and to incorporate and insert in

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said policy, and the rights and privileges incident to accident insurance granted under and by virtue of this bill. Certificates of membership, etc. SEC. V. As this company is intended to be purely a co-operative assessment and casualty insurance association and to be purely mutual, it has no capital stock except the assessment to be levied upon its members to pay losses incurred as herein set out, and no benefit shall attach to any one until he, or she, or they are in full fellowship as a member, by the payment of his, or her, or their admission fee, and of such dues as may be prescribed by the by-laws of said association. No capital stock. SEC. VI. In order to secure the prompt payment of losses, it shall be lawful for the officers of said association to create a beneficiary fund, and to this end they are empowered to levy a preliminary assessment to such an extent as may be provided by the by-laws of said association, which said fund, when so created, shall be used for the payment of losses, or such current expenses of said association, as may be needed for the purpose of running the same. Beneficiary funds. SEC. VII. In order to organize said corporation, said corporators, or any five of them, shall meet in Augusta, Richmond county, Georgia, and shall be empowered to elect a Board of Directors, composed of nine persons, who shall be of said corporators, and the directors so elected shall complete the organization by the election from their own number of a president and secretary, and such other officers as said directors shall deem necessary to carry on said business, as may be prescribed by the by-laws. Organization. SEC. VIII. Said Board of Directors, when so elected, shall also have power to frame and enact such by-laws for the government of said association as a majority of them may agree upon. They shall have power at any time to remove any officer or agent of the company for sufficient cause, to provide their compensation and to provide for taking bonds for the protection of the corporation, and to fill any vacancy which may occur in their body, and shall otherwise be vested with the rights and duties pertaining to their respective offices, as may be prescribed by the by-laws of this association. Due provisions may also be made in said by-laws for the expulsion or removal for cause of members or officers of the association. Powers of directors. SEC. IX. Be it further enacted, That said directors shall have the power to fix and frame all certificates of insurance and applications for membership, and all such act or acts as shall be necessary to carry into effect the object and purpose of said association. Form of certificates and applications for membership, etc. SEC. X. Be it further enacted, That this Act shall take effect from and after its passage. Approved December 27, 1890.

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INCORPORATING THE SOUTHEASTERN MUTUAL ACCIDENT ASSOCIATION OF ATHENS, GEORGIA. No. 238. An Act to incorporate the Southeastern Mutual Accident Association of Athens, 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 J. P. Anderson, J. B. Coleman, F. S. Marton, T. A. Burke, their associates and successors, are hereby created a body politic and corporate for the term of twenty years, with the privilege of renewal at the expiration of that time, and known by the corporate name of the Southeastern Mutual Accident Association of Athens, Ga., and by that name shall be competent to sue and be sued, to purchase, hold and convey property, both real and personal, to have and use a common seal, and generally to do any act necessary to carry into effect the business of the corporation, not inconsistent with the laws of this State or of the United States. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the principal office for the transaction of business shall be in the city of Athens, county of Clarke, State of Georgia, but said corporation shall have the authority to establish branch offices at any place in the United States, or in such other place as may be agreed on by its ruling officers. Principal and branch offices. SEC. III. Be it further enacted, That the business of said corporation shall be the insuring of persons against accidental loss of life, or personal injury sustained from any cause or causes whatever, in the United States or other countries, and contracts of insurance, membership certificates, accident policies, etc., may be made on such terms and conditions, and for such periods of time, and confined to such persons, as shall be, from time to time, ordered and provided for by the laws of said corporation. The transaction of said casualty insurance shall be upon the co-operative or assessment plan, and conform to the provisions of this Act. Any person, resident of the United States or Canada, and over eighteen and under sixty-five years of age, of sound mind and body, in good health and temperate habits, whose occupation is such as to be comprised in the classification known as preferred, ordinary, medium and hazardous risks among casualty companies, shall be eligible for such insurance and to membership in the association, and may be admitted to such membership under such regulations as are contained herein and in the by-laws of said association. That said association shall have authority to furnish a substantial weekly indemnity to its members in case of accident; to provide for the widows, orphans and legal heirs of its members or the beneficiaries stipulated in the policies or membership certificate issued by said association in case of accident that shall result in death within ninety days from the happening thereof, or to provide substantial support for any of its

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members who, through accident may be permanently disabled, which benefit, relief or aid shall be derived from assessments on its members and interest that may accrue on same, and rebates, if any, from amounts payable to beneficiaries or legal heirs, or from a fund that may be provided by the by-laws of said association by assessment for that purpose, that the money so realized shall be applied to the uses and purposes of said association, and the expenses of the management and prosecution of its business as provided in the by-laws thereof. Insurance powers. Membership. Weekly indemnity Death losses. Permanent disability. Assessments, etc. SEC. IV. Be it further enacted, That said association shall have power and authority to issue certificates of membership or policies to persons who shall apply for membership therein, and be accepted according to the by-laws thereof, and to incorporate in said policy all the rights and privileges incident to accident insurance granted under this Act. Certificates of membership, etc. SEC. V. Be it further enacted, That as this company is intended to be entirely a co-operative or assessment casualty insurance company and to be purely mutual, it shall have no capital stock except the assessments levied upon its members to pay losses incurred as herein set forth, and no benefit shall attach to any one until he, she or they are in full fellowship as a member, by the payment of the admission fee and such dues as may be prescribed by the by-laws of the association. No capital stock. SEC. VI. Be it further enacted, That in order to secure the prompt payment of losses it shall be lawful for the officers of said association to create a benefit fund, and to this end they are empowered to levy a preliminary assessment to such an extent as may be provided by the by-laws of said association, which said fund when created shall be used for the payment of losses or such current expenses as may be needful for the purpose of running the same. Benefit fund. SEC. VII. Be it further enacted, That in order to organize said corporation, said corporators, or any three of them, shall meet in Athens, Georgia, and shall be empowered to elect a Board of Directors composed of five persons who shall be corporators, and the directors so elected shall complete the organization from their own number by electing a president and secretary, and such other officers as the directors may deem necessary. Organization. SEC. VIII. Be it further enacted, That said Board of Directors shall have power to enact such by-laws for the government of the association as they, or a majority of them, may agree upon. They shall have power at any time to remove any officer or agent for sufficient cause, to provide the compensation of its officers and agents, and to require bonds of them, to fill vacancies which may occur in their body, and shall otherwise be vested with the rights and duties pertaining to their respective offices as prescribed by the by-laws. Due provision may be made in said by-laws for expulsion or removal, for cause, of the members or officers. They shall have the power to fix and frame the certificates of membership, policies, applications for membership, and do all such acts

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as are incident under the laws to such associations. This Act shall take effect on or after January first, 1891. Powers of directors. SEC. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1890. INCORPORATING THE SOUTHERN MUTUAL ACCIDENT ASSOCIATION OF MACON, GEORGIA. No. 420. An Act to incorporate the Southern Mutual Accident Association, of Macon, 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 George B. Turpin, Dr. John S. Baxter, Thomas W. Troy, W. A. Davis, T. L. Massenburg, their associates and successors, are hereby created a body politic and corporate for the term of twenty years, with the privilege of renewal at the expiration of that time, and known by the corporate name of the Southern Mutual Accident Association of Macon, Georgia, and by that name shall be competent to sue and be sued, to purchase, hold and convey property, both real and personal, to have and use a common seal, and generally to do any act necessary to carry into effect the business of the corporation, not inconsistent with the laws of this State or of the United States. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the principal office for the transaction of business shall be in the city of Macon, county of Bibb, State of Georgia, but said corporation shall have the authority to establish branch offices at any place in the United States, or in such other place as may be agreed on by its ruling officers. Principal and branch offices. SEC. III. Be it further enacted, That the business of said corporation shall be the insuring of persons against accidental loss of life, or personal injury, sustained from any cause or causes whatever, in the United States or other countries, and contracts of insurance, membership certificates, accident policies, etc., may be made on such terms and conditions, and for such periods of time, and confined to such persons, as shall be, from time to time, ordered and provided for by the by-laws of said corporation. The transaction of said casualty insurance shall be upon the co-operative or assessment plan, and conform to the provisions of this Act. Any person resident of the United States or Canada and over eighteen and under sixty-five years of age, of sound mind and body and good health and temperate habits, whose occupation is such to be comprised in the classification known as preferred, ordinary, medium, and hazardous risks, among casualty companies, shall be eligible for such insurance and to membership in the association, and may be admitted to such membership, under such regulations as are contained

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herein, and in the by-laws of said association. That said association shall have authority to furnish a substantial weekly indemnity to its members in case of accident, to provide for the widows, orphans and legal heirs of its members, or the beneficiaries stipulated in the policies or membership certificate issued by said association, in case of accident that shall result in death within ninety days from the happening thereof, or to provide substantial support for any of its members who, through accident, may be permanently disabled, which benefit, relief or aid shall be derived from assessments on its members, and interest that may accrue on same, and rebates, if any, from amounts payable to beneficiaries or legal heirs, or from a fund that may be provided by the by-laws of said association by assessments for that purpose; that the money so realized shall be applied to the uses and purposes of said association, and the expense of the management and prosecution of its business as provided in the by-laws thereof. Insurance powers. Membership. Weekly indemnity. Death losses. Permanent disability. Assessments, etc. SEC. IV. Be it further enacted, That said association shall have power and authority to issue certificates of membership or policies to persons who shall apply for membership therein, and be accepted according to the by-laws thereof, and to incorporate in said policy all the rights and privileges incident to accident insurance granted under this Act. Certificates of membership, etc. SEC. V. Be it further enacted, That as this company is intended to be entirely a co-operative or assessment casualty insurance company, and to be purely mutual, it shall have no capital stock, except the assessments levied upon its members to pay losses incurred as herein set forth; and no benefit shall attach to any one until he, she or they are in full fellowship as a member by the payment of the admission fee and such dues as may be prescribed by the by-laws of the association. No capital stock. SEC. VI. Be it further enacted, That in order to secure the prompt payment of losses it shall be lawful for the officers of said association to create a benefit fund, and to this end they are empowered to levy a preliminary assessment to such an extent as may be provided by the by-laws of said association, which said fund, when so created, shall be used for the payment of losses, or such current expenses of said association as may be needful for the purpose of running the same. Benefit fund. SEC. VII. Be it further enacted, That in order to organize said corporation, said corporators, or any three of them, shall meet in Macon, Ga., and shall be empowered to elect a Board of Directors, composed of five persons, who shall be corporators; and the directors so elected shall complete the organization from their own number by electing a president and secretary, and such other officers as the directors may deem necessary. Organization. SEC. VIII. Be it further enacted, That said Board of Directors shall have power to enact such by-laws for the government of the association as they, or a majority of them, may agree upon. They shall have power at any time to remove any officer or agent for sufficient cause, to provide the compensation of its officers and agents, and to require bonds of them, to fill vacancies which may

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occur in their body, and shall otherwise be vested with the rights and duties pertaining to their respective offices as prescribed by the by-laws. Due provision may be made in said by-laws for expulsion or removal, for cause, of the members or officers. They shall have the power to fix and frame the certificates of membership, policies, applications for membership, and do all such acts as are incident under the laws to such associations. This Act shall take effect on or after November 1, 1891. Powers of directors. 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 11, 1891. INCORPORATING THE SOUTHERN FIRE INSURANCE COMPANY OF THE STATE OF GEORGIA. No. 436. An Act to incorporate the Southern Fire Insurance Company of the State of Georgia, 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 J. King, John D. Moore, J. A. Glover, T. F. Howell, Halsted Smith, R. A. Denny and John J. Black, of the city of Rome, Georgia, 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 Southern Fire Insurance Company of the State of Georgia, 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. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said company shall be one hundred thousand dollars ($100,000), with the right and privilege of increasing the same to five hundred thousand dollars ($500,000), divided into one thousand (1,000) shares; each share shall be one hundred dollars ($100), and whenever said capital stock is increased to a sum exceeding one 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 a majority in value of the stockholders; said capital stock and all increases above one hundred thousand dollars, up to the limit of this charter, five hundred thousand dollars ($500,000), shall be paid in by subscribers thereto in such manner and at such times and places as the

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directors of said corporation may direct. So soon as subscriptions have been received to the said capital stock to the amount of one hundred thousand dollars ($100,000), 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, and if they desire, may pass any by-laws they may think necessary and proper for the government of the company or its directors; provided , the same are not inconsistent with the Constitution of the United States or the Constitution and laws of Georgia. The said directors shall thereupon elect from their own number a president, 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 power to fill any vacancy which may occur in their Board of Directors. No person shall be eligible to the office of director unless he is a holder of ten shares of stock of this company Capital stock. Organization. Officers, etc. Powers of directors. No person eligible as director not holder of ten shares of stock. 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 if at any time there should be an increase of stock, that no call shall be made upon such increase upon any stockholder for exceeding twenty-five per cent. of his subscriptions thereto 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. Stock assessments. 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 to the Constitution or laws of the State of Georgia, or to the by-laws that may be passed by the stockholders, 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, or by said Board of Directors at any regular meeting of said board. By-laws, etc. 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

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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 on advance payments for stock. SEC. VI. Be it further enacted, That the principal office of the company shall be in the city of Rome, 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 in the United States. Principal and branch 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. Notice of these meetings shall be given by publication, once a week for four weeks, in the public gazette in which the sheriff of Floyd county does his advertising, and such other 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. Stockholders' meetings. SEC. VIII. Be it further enacted, That this company shall have power to commence business as soon as one hundred thousand dollars shall have been paid in, and invested according to the laws of Georgia. Power to begin 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 amount of the call, shall be made good by the delinquent; any surplus over the amount of the call and the expenses of the sale, shall be paid to him. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to the company as the delinquent would have done had he not so made default. The sale shall be in the city of Rome, at such time and place as the directors may prescribe. Failure to pay for stock. SEC. X. Be it further enacted, That the Southern Fire Insurance Company of the State of Georgia shall 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 and 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

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laws of the State or the United States, and may charge such rates of premium for insurance as this company may determine; the contracts for 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. Insurance 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 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 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. Participation in profits by policy holders. 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 permenant investment, a building for the transaction of its business therein in the city of Rome, or any other place where it may have a branch office or agency, and may sell and dispose of the same at their pleasure. It may also buy, own and sell any realty that may be necessary for the protection of any loan it may have made. Property rights. SEC. XV. Be it further enacted, That this company may make loans on real estate and 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 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

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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 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 interest. 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 corporation and stockholders for debts of corporation. 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 September 15, 1891. INCORPORATING THE INTERNATIONAL RAILWAY EMPLOYEES' ACCIDENT ASSOCIATION. No. 534. An Act to incorporate the International Railway Employees' Accident Association. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. D. Harris, W. R. Joyner, W. B. Parks, G. B. Beauchamp, J. D. Collins, L. P. Stephens, J. A. Manning, A. F. Jones, and their associates and successors be, and they are, hereby constituted a body corporate under the corporate name of the International Railway Employees' Accident Association, for the purpose of conducting the business of accident insurance upon the assessment plan; said association shall have power to make contracts of accident insurance, to issue policies of insurance, to levy and collect assessments upon its policy-holders for the purpose of paying for insurance, and for the creation of a reserve fund for the benefit of its policy-holders; to collect dues for the purpose of paying the expenses of such association, and to charge and to collect entrance fees for the purpose of covering the cost of extending the membership of the association, and for other legitimate purposes connected with its business. Said association shall have all the powers incident to corporations for the purposes for which it is incorporated, and may have and use a common seal. Corporators. Corporate name, insurance powers, etc.

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SEC. II. Be it further enacted, That the principal office and place of doing business of said association shall be in Atlanta, Georgia. Principal office. SEC. III. Be it further enacted, That said corporation shall be organized by its incorporators, who, at a meeting thereof, shall elect a Board of Directors, consisting of not more than seven, and not less than three, persons. Organization. SEC. IV. Be it further enacted, That the Board of Directors shall have power to enact by-laws for the government of the business of the association, and to elect all officers of the association, or to provide for their appointment. The by-laws of said association shall provide for what amounts policies of insurance shall be issued, and shall lay down all necessary rules and regulations for the conduct of its business, which by-laws shall enter into and form a part of the contracts of insurance entered into by said association. By-laws, etc. SEC. V. Be it further enacted, That said association shall be subject to the provisions of Act No. 451 of the Laws of 1887, entitled An Act to regulate the business of insurance in this State, and for other purposes, approved October 24, 1887, so far as the same shall be applicable thereto. Subject to provisions of Act of Oct. 24, 1887 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 2, 1891. INCORPORATING THE SOUTHERN INDUSTRIAL AID SOCIETY. No. 536. An Act to incorporate the Southern Industrial Aid Society. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That J. Jefferson Thomas, Julian P. Thomas, Thomas J. Leftwich, of Atlanta, in the State of Georgia; and W. T. Burch, of Birmingham, in the State of Alabama; and J. D. Thomas, of Macon, in the State of Georgia, their associates and successors in office, are hereby constituted and established as a corporate body under the name and style of The Southern Industrial Aid Society. Said company may have and maintain its general office in the city of Atlanta in said State, and may maintain throughout said State and elsewhere such other offices as the officers and directors of said company may establish; may elect their own officers; may adopt and emlpoy a corporate seal, and have and enjoy all the privileges and powers incident to such corporations. Corporators. Corporate name. Principal and branch offices. General powers. SEC. II. Be it further enacted, That said corporation shall, upon its organization, elect a Board of Directors, who shall hold office for three years from the date of their election and until their successors are elected and qualified. Such elections of officers and directors succeeding the first election herein provided for, shall occur at the

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offices of the company in the city of Atlanta, upon the first Tuesday of the month, unless for any cause such election shall be postponed, in which event such postponement shall be for a period not longer than sixty (60) days, notice of which shall be given by mail, or otherwise, to such members as are entitled to vote thereat. Election of directors. SEC. III. Be it further enacted, That such Board of Directors, upon its election, shall from their number elect a president, secretary and treasurer, who shall hold their respective offices for three years, and said board shall have the power to select such other officers as may be necessary to fully carry into effect the purposes of said corporation. Upon the election of each Board of Directors succeeding the first, it shall be the duty of such board immediately upon their election to elect from their number a president, secretary and treasurer, and such other officers as in the judgment of said board may be deemed necessary to carry into effect the purposes for which said society is incorporated. Said Board of Directors shall have the power to appoint all agents necessary for the safe and successful management of the affairs of said company, and shall fix the salaries or compensation of the officers and agents of said company. That the Board of Directors of said company shall consist of not more than seven (7) nor less than three (3) in number, and a majority shall constitute a quorum for the transaction of business. Officers. Agents. Number of directors. Quorum. SEC. IV. Be it enacted further, That said company is organized upon the mutual assessment plan, and shall have the power to issue certificates or policies of insurance to members, and by said policies or certificates to insure or indemnify such members against sickness, death, accident or any or all hazards to which life or limb may be exposed, but in no case shall said company issue any certificate or policy conditioned for the payment of any greater indemnity or loss than the sum of five thousand ($5,000) dollars. Every person becoming a member of said company and receiving any policy or certificate shall be entitled to all the rights and privileges of membership, including the right to vote, either in person or by proxy, at all elections of officers or directors of said company; provided, however , that no member of said company or person holding any certificate or policy of or issued by said company shall have or enjoy any of the rights or privileges of membership, if such member is in default or in arrears in payment of the dues or premiums or assessments owing by such member to said company under his or her policy or certificate. Insurance powers. Membership. SEC. V. Be it further enacted, That in no case shall said company institute or maintain any suit or action at law or otherwise, to recover any premiums, fees, assessments or dues, upon or under any certificate or policy of insurance to be issued, but every member failing to pay any premiums, dues, fees or assessments, properly due and payable under his or her certificate or policy of insurance, or levied by said company pursuant to its rules, regulations and by-laws, shall forfeit the rights and privileges of membership, and the forfeiture of such amounts as has been paid by such member prior to default shall be the only penalty or result thereof. Collection of fees, dues, etc.

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SEC. VI. Be it further enacted, That the directors of said company shall have the power to make and adopt all such needful rules and regulations and by-laws as may be necessary to the orderly and efficient management of the affairs of said company, and such rules and regulations and by-laws shall be binding upon the members of said company. By-laws, etc. SEC. VII. Be it further enacted, That it shall be lawful for said company to acquire and hold such real estate by way of purchase, investment or otherwise, as in the judgment of the Board of Directors may be deemed necessary or proper to the management of the affairs of said company, or for the security of its revenues and income; and said company shall have the power to take and hold lands, under deed or mortgage, to secure debts due said company, and to invest the funds of said company as, in the judgment of said directors, may be deemed proper and expedient and for the best interest of said company. Power to acquire and hold realty. Investment of funds. SEC. VIII. Be it further enacted, That it shall be lawful for said company to begin business upon its organization and upon the election of the officers and directors. Right to begin business. 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, 1891. INCORPORATING THE NATIONAL GUARANTY COMPANY. No. 657. An Act to incorporate The National Guaranty Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That J. E. D. Shipp, C. J. Shipp, W. W. Shipp, G. W. Shipp, D. J. McRae, Z. A. Littlejohn and F. L. Cawley, and their associates and successors, are hereby created a body corporate and politic, for a term of thirty years, by the name of the National Guaranty Company, and by that name shall be competent to sue and be sued, to purchase, hold and convey property of all descriptions, to make, have and use a common seal, and generally to do any act necessary to carry into effect the objects of the incorporation not inconsistent with the laws and Constitution of this State and of the United States. Corporators. Corporate name and general powers. SEC. II. Be it further enacted, That the capital stock of said corporation shall be $250,000.00; but said capital stock may be increased to any amount not exceeding $1,000,000.00 whenever a majority of the directors of said corporation shall desire; said capital stock to be paid in by subscribing thereto in such a manner and at such times and place as the directors of said corporation, to be elected as hereinafter provided, may direct. So soon as subscription may have been received to said capital stock to the amount of

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$250,000.00, the persons named in the first section of this Act shall call a meeting of the subscribers to such stock, for the purpose of organization; at this meeting they shall elect not less than seven, nor more than nine, directors, as may be determined by them; the said directors shall thereupon elect from their own number a president and vice-president; the directors shall also elect a secretary, treasurer and all other officers and agents deemed necessary by them for the successful conducting of the business of the corporation; provided , these last named officers or agents are not required to be elected from the directors. The directors shall have power at any time to remove any officers or agents of the company, to prescribe their compensation and provide for the taking of bonds for the protection of the corporation; they shall also have power to fill any vacancy which may occur in their own body, and if the present vice-president, secretary or any director shall be absent without leave for five successive meetings of the board, after receiving notice of said meetings, a majority may declare his place vacant, and proceed to fill it without notice. No person shall be eligible to the office of director unless he owns not less than ten shares of the stock of the said company, and no director shall be eligible to the office of president of the company unless he owns not less than fifty shares of said stock, nor shall any person be eligible to the office of secretary unless he owns twenty shares or more of said stock. Capital stock. Organization. Removal of officers, etc. Qualifications for office. SEC. III. Be it further enacted, That the directors thus first elected shall hold office for such time as may be prescribed by the subscribers to the capital stock, so convened as aforesaid, and until their successors are elected. At all elections after the first the directors shall hold office for the term of one year, and until their successors are elected. The date of the annual meeting of the stockholders of the company for the election of directors and such other business as may be brought before it, shall be fixed by the subscribers to the stock at the time of the organization, but may be changed at any stockholders' meeting. Special meetings of the stockholders may be called at any time by the directors. Such notice of these meetings shall be given as the directors may prescribe. Terms of office. Annual and special meetings of stockholders. SEC. IV. Be it further enacted, That at all meetings of the stockholders those holding a majority of the stock shall constitute a quorum, and each stockholder shall be allowed one vote for each share held and owned by him. Such stock may be represented by proxy, but no one not a stockholder shall be capable of holding such proxy. Quorum of stockholders. Votes of stockholders. SEC. V. Be it further enacted, That the principal office of the company shall be in the city of Cordele, but it may do business and establish agencies or branch offices at any place or places in this State or of the United States. Principal and branch offices. SEC. VI. Be it further enacted, That at the first meeting of the directors, after their election, they shall determine how the stock subscriptions shall be called in, and fix the manner, time and place of payment thereof to the company, and when two hundred and fifty thousand dollars shall be paid to said company,

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then the said corporation, under the name of The National Guaranty Company, shall have the authority to make bonds of all kinds for officers, corporations, firms and individuals conditioned on the faithful discharge of duty or safe return of money or other property intrusted to their care, the indorsing of notes, bonds and other evidences of indebtedness, and standing security for the payment of money and faithful performance of any and all kinds of contracts and duties by corporations, officers or individuals; the purchasing, making, owning and selling books of abstract of titles to lands for use or for sale, and the doing of a general abstracting business, and guaranteeing of titles to lands or other property and charging therefor, to purchase, own, lease, rent, improve and sell both real and personal property; to purchase, own, sell and hold stocks, bonds, mortgages and all evidences of indebtedness of other corporations, firms or individuals; to borrow or lend money and secure or have the same secured by deeds, bonds, mortgages, notes, or in any other way they may see fit; to take such securities from officers, corporations, firms or individuals by deed, bond, mortgage, notes or in any other way they may see proper to indemnify said company against any loss by default, neglect of duty, miscarriage or infidelity, by said officers, corporations, firms or individuals for whom said company may be surety. No bond or other contract of suretyship shall be binding on said company, except it be signed by the president or vice-president and security thereof. Stock subscriptions. Guaranty powers, etc. SEC. VII. Be it further enacted, That the directors shall have the power to fix the form of certificate of stock and the mode of transfer, and they shall have authority to pass such by-laws as may be necessary to carry into effect, and to direct the execution of said contracts, as may seem to them best for the interest of the company. Powers of directors. SEC. VIII. Be it further enacted, That said corporation shall be responsible to its creditors to the extent of its capital and assets, and each stockholder shall be individually liable for all the debts of said corporation to the extent of his or her 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 depositors of said corporation for all money deposited therein, in an amount equal to the face value of their respective shares of stock, it being the intent and purpose of this section of this Act that as to depositors for all moneys deposited with said corporation, there shall be an individual liability of such stockholders in such corporation over and beyond the par value of his or her original shares of stock equal in amount to the face value of said shares of stock; provided , that said liability of stockholders shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank. Liability of corporation and stockholders for debts of corporation. SEC. IX. Be it further enacted, That all the increase and accumulations of said company, after paying current expenses and liabilities, and after setting apart the necessary reserve and contingent fund, shall be distributed as a dividend among the stockholders, as the directors may order; the manner of declaring such dividends,

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and the time and place of payment, shall be entirely within the control of the directors. Dividends. SEC. X. Be it further enacted, That this Act shall take effect from and after the passage, and that all conflicting laws are hereby repealed. Approved October 14, 1891. INCORPORATING THE GRAND LODGE OF THE INDEPENDENT ORDER OF GOOD SAMARITANS AND DAUGHTERS OF SAMARIA OF GEORGIA. No. 665. An Act to incorporate the Grand Lodge of the Independent Order of Good Samaritans and Daughters of Samaria of Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, That Smith W. Easley, Jr., Salina Carter, Peter McMurray, Alexander Hamilton, E. L. Simons, Behj. H. Hill, Geo. W. Franklin, Jas. M. Pitts, Milton Allen, C. L. Fields, David T. Howard, W. D. Thomas, S. M. Davies, J. M. Marshall, Emma B. Easley, Laura D. Allen, Anna Plowman, Robertia J. Ponder, Josephine McMurray, Ellen Neal, Elizabeth Jenkins, Alice M. Pitts, Darthalia Lawson, Sarah Myers, Clifford Laws, Amos Black, and such other persons as may be associated with them and their successors, be, and they are, hereby declared a body corporate and politic under the name and style of The Grand Lodge of the Independent Order of Good Samaritans and Daughters of Samaria of Georgia, and by that name shall have continual succession for thirty years for the propagation of temperance and benevolence, and shall have power to have and hold real and personal property and acquire the same by purchase, gift, donation or otherwise, and to transfer, convey or otherwise dispose of same in such manner as said corporation may see proper, which is not inconsistent with law. Corporators. Corporate name. Term of charter. Property rights. SEC. II. Be it further enacted, That said corporation shall have power to have and use a common seal, by said name to sue and be sued, to plead and be impleaded, to defend and be defended in any court of law or equity; and also to ordain, establish and alter at pleasure such by-laws, constitution, rules and regulations as may be deemed necessary and proper for the management or government of said corporation, not inconsistent with the laws of the land. General powers. SEC. III. Be it further enacted, That said society or corporation shall have power to establish and constitute subordinate lodges and grant charters for same in the State of Georgia, and for cause to annul or forfeit same, and to provide for the establishment of such constitution, by-laws, rules and regulations for governing said

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subordinate lodges as may be necessary, either by making the same or delegating power so to do, to said subordinate lodges. Subordinate lodges etc. SEC. IV. Be it further enacted, That said corporation shall have power to erect and maintain a home for the poor and orphans of the members of the order. To inaugurate or establish such mutual benefit insurance and endowment plans and establish by-laws, a constitution, rules and regulations not inconsistent with law, for the management of said insurance and endowment plans as the Grand Lodge may prescribe, and have such other power and do such other things as are needed and incident thereto. Home for poor and orphans. Insurance powers. 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, 1891. INCORPORATING THE STEPHENS INDUSTRIAL SOCIETY. No. 734. An Act to incorporate the Stephens Industrial Society. 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 James L. Fleming, William H. Holman and Wm. S. Richardson, their associates and successors, are hereby constituted a body corporate, by the name of The Stephens Industrial Society, to be perpetual, for the purpose of insuring the lives or persons, or both, of its members, either against death, or accident, or sickness, or all of them, for the benefit of themselves, their widows, orphans, heirs, legatees, creditors or assigns; and under its said name the society shall be entitled to hold real estate and personal property to any amount necessary for the purposes of the same; to sell or exchange the same as the interests of said society require; shall have power to sue and be sued, to plead and be impleaded, to have and to use a common seal, and to make, alter and renew the same at pleasure; to receive and loan money upon certificates of membership, to buy and sell exchange, bonds and stocks in the interest of the business, to create State, county, municipal or other departments, and to provide for the proper control and management of the same; to establish, ordain and put into execution such rules, regulations and by-laws as are convenient and necessary, from time to time, for the control and management of said society and its business, in conformity with the laws of this State or of the United States, and generally to do all things and acts as shall appertain to, or be necessary for, the carrying into effect the objects and purposes of said society. Corporators. Corporate name and purposes. General powers. SEC. II. Be it further enacted, That the principal office of said society shall be organized and located in Augusta, Georgia, but it shall be subject to removal thereafter by a majority vote of its

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members present, in person or by proxy, at a regular meeting of the society, and upon the call of one or more of the hereinbefore mentioned incorporators. The said incorporators, or a majority of them, may meet and organize the said society and its affairs, by electing therefor not less than three or more than nine directors, who shall have the control and management of the said society and its affairs until their successors in office shall be chosen and qualified, and the directors so elected shall out of their own number, as principal officers of said society, elect a president and as many vice-presidents as may to them seem necessary and proper; also a secretary and treasurer, which offices may be combined and united in one and the same person, if considered necessary and proper; also a superintendent or manager of agencies, an actuary, cashier, and all other necessary and proper head officers whom it is to the interest of the society, shall be chosen and elected out of the board. Other officers may be elected who may or may not be directors, or one or more officers may, at the option of the directors, rest in one person. Principal office. Organization. Officers. SEC. III. Be it further enacted, That two or more classes of membership may be created and indorsed in said society, which shall be regulated and called the Protective Mutual, or class A, and the United Mutual, or class B. The fees and terms of admission to each class shall be fixed by the by-laws of said society, and the assessment for the mortuary reserve and guarantee funds of each class shall be levied and kept separately and apart from each other, and from all the other funds of the society. Membership classes SEC. IV. Be it further enacted, That the said society shall have power to issue certificates of membership in the sum of from fifty to one thousand dollars in the Protective Mutual, or class A; and also in sums of from one thousand to ten thousand dollars in the United Mutual, or class B, entitling the beneficiary named therein to receive such sums upon the death of or accident to the member named in the certificate as may be collected by levying an assessment therefor upon the entire membership in good standing of the class to which the deceased, or sick or injured member belongs; or the said certificate shall be paid out of its just proportion of weekly or monthly assessments, to be levied upon the members of its particular class, in such manner and amount as the Directors of said society, or a majority of them, may elect, or said society shall, in the discretion of its Board of Directors, or properly authorized officers, allow a sick benefit or weekly dues, not to exceed twenty-five dollars a week; such benefit and dues to be raised and paid according to the by-laws of the society, but in no event shall any of said beneficiaries of, or in any class, be entitled to receive more than the amount collected by one assessment upon all members in good standing, or the amount realized from the regular fixed dues, assessments, collected weekly or monthly, as named; unless the society, in its discretion, makes a deficiency assessment upon all members in good standing in his or her class at the time of the death, sickness or accident of said member; and no member shall receive dues or benefits in any class unless he be in good standing

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at the time of his death, sickness or accident, except in the discretion of the society, which has the right and may, at its discretion and pleasure, reinsure any member in any class in any other society that has complied with and is doing business in the State of Georgia. Certificates of membership, etc. SEC. V. Be it further enacted, That there shall be at least three separate and distinct funds collected from the members of each class of said society, to be known as the death or burial fund; the guarantee or indemnity fund, and the expense fund. The death and burial fund shall be created either by assessments, called as regulated by the needs of the society and the resolutions of the directors, on the death, sickness or accident of a member, or else in the regular weekly or monthly manner, as before mentioned, from the members of either class, and graded accordingly. Those funds to be collected from each class. SEC. VI. Be it further enacted, That to the age of each member so assessed as may be provided by the by-laws of said society and in the manner therein prescribed, and should there at any time be a deficit in said fund, thereby preventing or delaying payment in full of the claim of any such deceased, injured or sick member of said society before the guarantee fund shall be available to meet such deficit as hereinafter provided, the said society may levy a deficiency assessment pro rata on all members in good standing in the class in which such deficiency may occur; or the said society may, at its discretion, advance the said amount of any such certificate, or any portion thereof, and reimburse themselves out of the weekly or monthly assessment; provided , the said beneficiary is in the weekly or monthly assessment class at the time of his death, sickness or accident. The said death and burial fund shall only be applicable or liable for the payment of benefits accruing from death, sickness or accident among members of said society; for taxes that may be assessed against said fund; for the necessary cost of management and control thereof, and for the costs and expenses of suits incurred in protecting said society against suspected fraudulent claims to such benefits. Deficiency assessment Advance payment of certificates Death and burial funds. SEC. VII. Be it further enacted, That the guarantee or in demnity fund for the industrial class A shall be limited to one hundred thousand dollars, and shall be created either by an assessment upon its members at the time of the death, sickness or accident to said member, and deficiency assessments if necessary, at the discretion of the directors, or by regular fixed weekly or monthly assessments or dues, and based upon regular insurance statistics and rules, and in accordance with the by-laws of said society as regulated by a majority of directors. Guarantee or indemnity fund for industrial class A. SEC. VIII. Be it further enacted, That the guarantee or indemnity fund of the United Mutual, or class B, shall be limited to one million dollars, and shall be created by an assessment upon its members of not exceeding ten dollars in all, and each one thousand dollars that each member may be insured for, at such time or times, and in such manner as may be fixed by the by-laws of said society. For united mutual or class B.

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SEC. IX. Be it further enacted, That the guarantee fund of each class shall, when collected, be placed in the hands and custody of a trustee appointed by the directors and approved by the finance committee and the Insurance Commissioner of the State; and said trustee shall, with the approval of the directors, invest said fund in such leading and stable securities as first mortgage bonds, mortgages on real estate, marketable and available stocks and collateral notes as may be unquestioned and convertible into cash on reasonable time; such investment being taken and made as insurance companies and savings institutions invest in. The said trustee shall hold all such funds as a fiduciary trust of widows and orphans, sacred and inviolable, and shall pay them out only for the following purposes: FirstThe directors of said society, with the approval of the Insurance Commissioner, may at any time remove said trustee or trustees, and appoint others in their place, in which case, the retiring trustee shall at once pay over, less reasonable charges and expenses for the management and control of said fund, the entire trust fund they may hold at the time of their removal, to the directors of said society, who shall immediately place the same in the hands and custody of the succeeding trustee. SecondWhen twenty-five per centum of the entire guarantee fund of either class shall have been collected and paid into the hands of said trustee, the said trustee shall then commence and pay over semi-annually hereafter the interest on said fund, to the directors of said society, who shall apply the same as a dividend to reduce the mortuary assessments of all members in good standing, who shall have completed their payments in full to the guarantee fund four years prior thereto. ThirdWhenever the guarantee fund in either class shall amount to the limit hereinbefore mentioned and provided for, the said trustee shall then pay over, semi-annually thereafter, to the directors of said society, the entire interest of the fund, and the said directors shall apply the same, together with all subsequent receipts for said guarantee fund, as a dividend to reduce the mortuary assessments of all members in good standing who shall have completed their payments in full to the guarantee fund four years previous thereto. FourthIf, at any time, after the guarantee fund of either class shall have reached twenty-five per centum , or more, of the entire amount to which the fund for each class is limited, the said society shall fail, by reason of insufficient membership, to pay the maximum indemnity provided for by the terms of any certificate issued by said society in either class, and such certificate shall be presented for payment to said trustee by the legal holder thereof, accompanied by either a certificate properly and legally executed by the president or secretary of said society, that the claim is justly and legally due, and that payment thereof has been demanded and refused, or the duly attested copy of a final judgment obtained thereupon in any court of competent jurisdiction, satisfaction of which has been demanded and refused for the period of sixty days from its date, then said trustee shall proceed to at once convert the said guaranteed fund of whichever class the said default may have occurred in into money, and divide

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the same, less the reasonable charges and expenses for the management of said fund, among all the holders of certificates then in force in said class so defaulting; and in such an event, the directors shall file with said trustee a correct list, under oath, of the names, residences and amounts of each of the certificates of all members entitled to participate in such division. FifthShould there be any remainder of said fund left in the hands of said trustee after the payment of all the said certificates in full, the same should be paid over to the directors, less the reasonable charges and expenses for the management of said fund. Trustee for guarantee fund. Investment of funds, etc. Change of trustee. Interest or guarantee fund, dividends, etc. Failure to pay maximum indemnity Remainder after payment of certificates SEC. X. Be it further enacted, That applications for membership in either class of said society shall designate the beneficiary of the benefit to accrue on his or her death, or by reason of sickness or accident to himself or herself; provided , such beneficiary shall have an insurable interest in the life or person of the assured, and if the beneficiary be other than the assured, the benefit shall not be liable for any debts of such member. Any member who shall fail to pay his or her assessment or annual dues, or make his or her deposit to the guarantee fund, as may be provided by the by-laws, shall forfeit membership in said society, and together with all moneys paid on account of such membership shall be forfeited to said society, and no benefit whatever shall accrue or be payable upon the death, sickness or accident to such member. All benefits accruing by death or accident among members shall be payable at the principal office of said society, within ninety days after the receipt of satisfactory proofs of such death or accident, and should payment of any such benefit be refused, an action or suit for the recovery thereof can only be commenced within twelve months next after the death of or accident to said member. Applications for membership. Failure to pay dues, etc. Maturity of benefits. Limitation upon suits for. SEC. XI. Be it further enacted, That the number of directors of said society, the tenure and terms of office, the mode of filling vacancies therein, the manner and time of calling meetings thereof, the amount of mortuary assessments, membership fees, annual dues and the time and manner of collecting the same, and all other matters pertaining to the business and objects of said society not inconsistent with this Act, or contrary to law, may be paid in and regulated by the by-laws of the same, and the said society being of a purely benevolent character, it shall not be subject to the laws of this State governing regular life insurance companies, except as herein provided, and it shall be exempt from all State, county or municipal taxes and license fees, except it shall pay State, county and municipal taxes upon all real estate and other property owned by it, the same as paid by private individuals. By-laws. Exemptions. SEC. XII. Be it further enacted, That the secretary of said society shall have charge of and be responsible for the records, books and collections thereof; the treasurer shall have charge of the funds of said society, and shall deposit the same in such bank or banks as may be approved by the directors, and the same shall only be drawn for by checks or drafts, signed by one of the principal officers together, jointly, with himself. The secretary and treasurer shall also be required to execute good and sufficient bonds to secure the faithful

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performance of their duties and applications of the funds which may come into their respective hands, which bonds shall be approved by the directors and the committee from the policy or certificate holders, and none of the incorporators, officers or members of said society shall be otherwise liable for its debts. Secretary and treasurer. SEC. XIII. Be it further enacted, That on or before the first Monday in January, in each and every year, except the first January after the year in which this society may be organized, or within sixty days thereafter, it shall be the duty of the officers of the same to make a sworn statement of the condition of the mortuary and guarantee funds of the society, showing that the receipt and disbursement of the same, and the balance thereof, if any, remaining on hand for the fiscal year ending the 31st day of December next preceding, and submit such statements to the Insurance Commissioner of the State. Annual statements 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 20, 1891.

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PART III . PRIVATE LAWS. ACTS. Relieving Captain L. Q. Stubbs and his Bondsmen. Relieving C. W. Oliver from Penalty for Default as Tax-Collector. Relieving Jesse D. Strange as Surety on a Forfeited Recognizance. Authorizing Refunding to P. R. Johnson of Amount Paid for Liquor License. Giving Officers of the Hancock Fair Association Police Authority Over the Grounds of the Association, etc. Relieving E. H. Shackelford and Z. J. Odom, Securities on a Forfeited Recognizance. Relieving Sureties on the Bond of Captain J. L. Fleming, Deceased. Relieving the Putnam Rifles and their Securities. Relieving Captain John W. Boston and his Bondsmen. RELIEVING CAPTAIN L. Q. STUBBS AND HIS BONDSMEN. No. 27. An Act to relieve Captain L. Q. Stubbs, of the Dublin Light Infantry and his bondsmen in the matter of arms and accoutrements, destroyed by fire in the town of Dublin, Laurens county, Georgia, on the 26th of February, 1890, 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 Captain L. Q. Stubbs and his bondsmen, in the matter of certain arms and accoutrements furnished the Dublin Light Infantry of the State, be relieved of the bond into which they respectively entered for the safe keeping of said arms and accoutrements, in proportion to the amount of loss sustained by fire in the town of Dublin, on February 26, 1890; provided , that satisfactory evidence of the fact set

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forth in this Act be produced by the persons herein named and referred to before the Adjutant-General of this State. Bondsmen for Dublin Light Infantry for arms relieved. Provided evidence be furnished of loss by fire. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 9, 1890. RELIEVING C. W. OLIVER FROM PENALTY FOR DEFAULT AS TAX-COLLECTOR. No. 46. An Act to relieve C. W. Oliver, late Tax-Collector of the county of Pike. Whereas, The Comptroller-General did issue execution against C. W. Oliver, late Tax-Collector of the county of Pike, for the sum of five hundred and ten dollars and forty-four cents, tax still due the State by him for the year 1889, together with the penalty of twenty per cent. per annum on said principal, amounting to sixty-eight dollars and ten cents, which sums were paid by said C. W. Oliver; and Preamble. Whereas, The reason why said principal was not paid by said C. W. Oliver, prior to the issuing of said execution, was that he believed that he had settled in full with the State, and the contrary was not made to appear to him until a full investigation and settlement was made with the Commissioners of Roads and Revenue of the county of Pike, SECTION I. Be it therefore enacted by the General Assembly of the State of Georgia, That said C. W. Oliver be, and he is, hereby relieved of the penalty for said default, and that the Comptroller-General repay to him the sum of sixty-eight dollars and ten cents, the amount of said penalty. Amount of penalty to be repaid. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1890.

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RELIEVING JESSE D. STRANGE AS SURETY ON A FORFEITED RECOGNIZANCE. No. 314. An Act to relieve Jesse D. Strange as surety on the penal bond of William Bates. Whereas, Jesse D. Strange did become surety and bail for one William Bates for the appearance of said William Bates to the Superior Court of Banks county, to answer for the offence of simple larceny; and Preamble Whereas, This bond, on which Jesse D. Strange was surety, has been finally forfeited for the non-appearance of said William Bates at said court; and Whereas, Since said judgment of forfeiture the said Jesse D. Strange has arrested said William Bates and delivered him to the Sheriff of Banks county, and the said William Bates was tried and convicted of the said charge and is now in the chain-gang for said offence, 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 Jesse D. Strange be, and he is, hereby relieved from any and all liability as security upon said bond of the said William Bates, including the costs of court, and that said judgment and fi. fa. be entered satisfied upon the proper records of Banks Superior Court, except the costs of the forfeiture. Strange relieved from all liability as security for Wm. Bates. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1891.

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AUTHORIZING REFUNDING TO P. R. JOHNSON OF AMOUNT PAID FOR LIQUOR LICENSE. No. 392. An Act to authorize the County Commissioners of Fulton county to refund to P. R. Johnson two hundred and fifty dollars, which sum was paid by said Johnson for a license to sell liquor by the quart for one year from the 11th day of December, 1890, and which license was never used by said Johnson. Whereas, On the 11th day of December, 1890, P. R. Johnson, of the county of Fulton, was granted by the Commissioners of said Fulton county a license to sell liquor by the quart for one year from said 11th day of December, 1890, for which said license the said Johnson paid the sum of two hundred and fifty dollars; and Preamble. Whereas, The said Johnson never engaged in business under the said license, and did not transfer nor use the same in any way, nor did any other person use or get any advantage or benefit from the same; and Whereas, Said County Commissioners are willing and desirous to refund to the said P. R. Johnson the sum paid for said unused license, provided authority to do so be given to them, the said Commissioners, by law, SECTION I. Be it enacted by the General Assembly of Georgia, That the County Commissioners of Fulton county be authorized to refund to the said P. R. Johnson two hundred and fifty dollars, the same being the amount paid by said P. R. Johnson for a license to sell liquor by the quart in the county of Fulton for one year from December 11, 1890, which said license was never used by the said Johnson. Commissioners of Fulton county authorized to refund sum paid to liquor license. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved September 8, 1891

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GIVING OFFICERS OF THE HANCOCK FAIR ASSOCIATION POLICE AUTHORITY OVER THE GROUNDS OF THE ASSOCIATION, ETC. No. 415. An Act to give the President and Directors of the Hancock Fair Association police authority over the grounds of said association and the approaches thereto. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the president and directors of the Hancock Fair Association shall have the power to appoint one or more marshals, whose duty it shall be to arrest any person found on the grounds of said association or the approaches thereto, who shall commit any act of disorderly conduct or other act in violation of the penal statutes of this State. Officers authorized to appoint marshals. Duty of. SEC. II. Be it further enacted, That the marshals so appointed after arresting any person charged with violating the foregoing section, shall turn such prisoner over to the municipal authorities of the town of Sparta; provided , the offence charged is disorderly conduct and not in violation of any penal statute of this State. And said municipal authorities are hereby empowered to try such persons arrested, and, if found guilty, to administer such punishment, as they are authorized to do under the laws regulating the government of said town. Disposition of persons arrested not for violation of State statutes. Trial and punishment. SEC. III. Be it further enacted, That if the offence charged is one in violation of the penal statute of this State it shall be the duty of said arresting officer to turn the person so arrested over to the Sheriff of said county or his lawful deputy whose duty it shall be to take said person before some judicial officer of said county to be dealt with as the law directs in such cases. Disposition of persons arrested for violation of State penal statutes. SEC. IV. Be it further enacted, That the grounds of said association shall consist of those enclosed by said association and the approaches thereto shall consist of the dirt road and railroad from the corporate limits of the town of Sparta, in Hancock county, to the branch known as the two mile branch east of Sparta, and the strip of land lying between said dirt road and railroad beginning at the corporate limits of said town and running to said two mile branch. Grounds of association defined. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 11, 1891.

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RELIEVING E. H. SHACKELFORD AND Z. J. ODOM, SECURITIES ON A FORFEITED RECOGNIZANCE. No. 465. An Act for the relief of E. H. Shackelford and Z. J. Odom, securities on an appearance bond of Stonewall Jackson, from liability on said bond and judgment of the County Court of Dougherty county thereon, and for other purposes. Whereas, At the February adjourned term, 1890, of the County Court of Dougherty county, final judgment was rendered by said court against E. H. Shackelford and Z. J. Odom, securities of Stonewall Jackson on a bond for the appearance of the said Stonewall Jackson, at said County Court of Dougherty county, at the November, 1889, term thereof, and from term to term of said court, to answer the charge of assault and battery; and Preamble. Whereas, Since the rendition of said judgments, said securities have, at expense and trouble to themselves, caused the said Stonewall Jackson to be arrested, brought back and delivered to the proper authorities of said county of Dougherty, to answer said charge; therefore, 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, said E. H. Shackelford and Z. J. Odom be, and they are, hereby fully relieved from all liability on said bond, and said judgment rendered as aforesaid, on the said penal bond of Stonewall Jackson, except as to all legal costs which has or may hereafter accrue on said judgment. Believed from liability on bond of Stonewall Jackson. Except as to costs. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved September 18, 1891.

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RELIEVING SURETIES ON THE BOND OF CAPTAIN J. L. FLEMING, DECEASED. No. 744. An Act to relieve securities upon the bond given by Captain J. L. Fleming, deceased, former commander of the Liberty Independent Troops, for arms and accoutrements belonging to the State of Georgia, from the obligation in said bond, for certain of said arms and accoutrements destroyed by fire, and for other purposes. Whereas, On the 25th day of April, 1890, a bond was given to the State of Georgia, signed by J. L. Fleming, deceased, former captain of the Liberty Independent Troop, a military organization of said State, as principal, and by James B. Frazer and Robt. Q. Cassels as sureties, to faithfully account for certain stands of arms and accoutrements furnished by said State to said military organizations; and Preamble. Whereas, Certain of said arms and accoutrements named in said bond has been destroyed by fire without fault on the part of said J. L. Fleming, deceased, or the said securities on said bond or the said military organization; therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the said securities upon said bond, given as aforesaid, be, and they are, hereby relieved from any and all obligations, under said bond, for certain of said arms and accoutrements which have been destroyed by fire, to-wit: Twelve (12) revolvers, twelve (12) holsters, five (5) sabers, one (1) saddle and two (2) bridles. Securities relieved as to certain arms destroyed by fire. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved October 20, 1891.

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RELIEVING THE PUTNAM RIFLES AND THEIR SECURITIES. No. 770. An Act for the relief of the Putnam Rifles and their securities on a bond given the State September 18, 1884. Whereas, Between the 25th of December, 1890, and June 1, 1891, the armory of the Putnam Rifles was forcibly entered and the following guns, etc., were taken away: two Springfield rifles, 160 ball cartridges, thirty old waist-belts and thirty old cartridge-boxes, the belts and boxes being packed away, as they were out of date; therefore, Preamble. SECTION I. Be it enacted by the General Assembly of Georgia, That the Adjutant-General, by and with the consent of the Governor, is hereby authorized and empowered to cancel and annul so much of the bond given by the Putnam Rifles (a volunteer military company), on the 18th of September, 1884, to Henry McDaniel, Governor, on which said bond C. M. Davis and W. F. Jenkins are securities, the same being made by I. H. Adams, Sr., captain, as securities to the State against the loss of the aforementioned guns and accoutrements. Bond to be cancelled as to certain arms, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 21, 1891. RELIEVING CAPTAIN JOHN W. BOSTON AND HIS BONDSMEN. No. 775. An Act to relieve Captain John W. Boston and his bondsmen in the matter of arms and accoutrements destroyed by fire in the county of Screven in the year 1886, and for other purposes. Whereas, A portion of the arms and accoutrements furnished the Screven Troop were destroyed by fire in the year 1886 in the county of Screven; therefore, Preamble. SECTION I. The General Assembly of the State of Georgia do enact, That Captain John W. Boston and his bondsmen, in the matter of certain arms and accoutrements furnished the

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Screven Troop by the State, be relieved of the bond into which they respectively entered for the safe keeping of said arms and accoutrements; provided , that satisfactory evidence of the fact set forth in the preamble to this Act be produced by the person herein named or his bondsmen, before the Adjutant-General. When this is done, it shall be the duty of the Adjutant-General to cancel the bond. Relieved from bond for certain arms, etc. Provided proof be furnished of loss by fire. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved October 21, 1891.

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PART IV . RESOLUTIONS. Accepting Donation from United States of Portion of Proceeds of Public Lands. As to Amendment of the National Bank Act. Urging Repeal of United States Tax on State Banks of Issue. Relieving Sandersville and Tennille Railroad Company from Penalty for Failure to Pay Tax. Consenting to Placing Statue of Hon. B. H. Hill in Capitol. Directing Inquiry, etc., as to Property Connected with Western and Atlantic Railroad in Tennessee, etc. Officers of Barnesville Blues Released from Liability for Guns Destroyed by Fire. Relieving British America Assurance Company from Penalty for Failure to Pay Tax. Prolonging Session of General Assembly of 1890. Indexing Journals of Session of 1890. Relieving North and South Street Railroad Company from Penalty for Failure to Pay Taxes. Governor's Requisitions for Arms, etc. Appropriation for Chairs for Committee Rooms. Settlement of Litigation over Georgia State Lottery Property. Relieving City and Suburban Railway of Penalty for Failure to Pay Taxes. Relieving Coast Line Railway of Penalty for Failure to Pay Taxes. Covering into Treasury Appropriations Made to Atlanta University. Plumbing, etc., in Office of State Chemist. Creating Commissions as to Claims Between Lessees of the Western and Atlantic Railroad and the State, etc. Selection of Permanent Camp Site for Georgia Volunteers. Relieving Wadley and Mt. Vernon Railroad Company of Penalty for Failure to Pay Taxes. Committee from General Assembly to Attend Commencement of University of Georgia. Providing for Payment to his Family of Amount Due A. C. Adkins. Relating to a Revision of the Criminal Laws of the State. Asking Legislation by Congress to Relieve Financial Embarrassment of the Country. Inviting Ex-President Cleveland to Attend the Georgia Chautauqua. Requiring Investigation as to Status of Certain Lots of Land. Insurance on Lunatic Asylum Buildings. Temporary Loan for Common School Fund. Inquiry into Status of Okefenokee Land and Disposition of Fund Paid for Portion of State Reserve. Asking Congress to Reject Conger Lard Bill, etc. Providing for Repairs of Executive Mansion, etc. Authorizing Destruction of Certain Plats and Bonds in Office of Secretary of State. Borrowing Money to Pay Pension to Confederate Widows.

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Touching Repeal or Modification of Present Tariff Laws, etc. Appropriation to Pay to his Widow Amount Due W. J. Hunter, Deceased Confederate Soldier. Supply of School Books to Children in Georgia. Asking Congress to Reject Conger Lard Bill, etc. Appropriation to Pay Agent to Collect Money Due State Under Act of Congress as to Direct Tax, etc. Accepting Terms of Act of Congress of March 2, 1890, as to Direct Tax. Investigation as to Violation of Charters of Railroad Companies, etc. Appropriation to Supplement Contingent Fund for 1891. Appropriations for Copies of Public Acts of 1890. Providing for Payment to his Widow of Sum Due Jas. Eason, Deceased Confederate Soldier. To Pay Hon. Wm. Jennings, Member House of Representatives, his per Diem During Absence from Providential Cause. Refunding A. P. Chappel and Harris Freeman Amount Paid Liquor Tax. Instructing Appointment of Assistant Attorney-General. Ratifying Exchange of Certain Property by Board of Capitol Commissioners, etc. Indexing Journals for Session of 1891. Commission to Examine Obstructions in Savannah River. Mileage for Session of 1891. Appropriation for Painting or Repairing Capitol. Committee to Attend Meeting of Savannah River Improvement Association. Protection of Interest of State in Right of Way and Other Property of Western and Atlantic Railroad. Investigation, etc., as to Certain Lands of State Lying Along Western and Atlantic Railroad. Commission as to Uniformity of Certain Laws with those of other States. To Furnish Standard Weights and Measures to Counties of Colquitt, Worth and McDuffie. To Refund to A. C. Wright Amount Paid Tax as Liquor Dealer. Providing for Payment to his Widow of Amount Due Barney Willis, Deceased Confederate Soldier. As to Securing Appropriation for Savannah Harbor. Providing for Payment to his Widow of Amount Due J. N. Hightower, Deceased Confederate Soldier. Requesting Return of Certain Act from Secretary of State, etc. Providing for Payment to his Widow of Amount Due Jos. McConnelly, Deceased Confederate Soldier. Authorizing Assistant Attorney-General to Employ Stenographer. Providing for Payment to his Widow of Amount Due R. W. Bell, Deceased Confederate Soldier. Providing for Payment to his Widow of Amount Due Ledford Humphries, Deceased Confederate Soldier. Touching Regulation of Through Freight and Passenger Rates. Bringing up Unfinished Business of General Assembly. To Pay W. J. Houston for Services as an Expert as to Betterments. Requiring Attorney-General to Investigate and Report as to Status of Certain Bonds. Providing for Payment to J. J. Yarbrough of Reward Offered for Ben Terrell. For Payment of Certain Expenses Growing out of Western and Atlantic Railroad Betterment Case, etc., for Chaplains and for Books for Magistrates. Requiring Attorney-General to Institute Suits against Trespassers on Public Lands, etc.

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ACCEPTING DONATION FROM UNITED STATES OF PORTION OF PROCEEDS OF PUBLIC LANDS. No. 1. A resolution accepting for the State of Georgia the donation by the United States, to be made under and by virtue of an Act of Congress, entitled an Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an Act of Congress, approved July 2, 1862, and for other purposes therewith connected. Resolved by the House, the Senate concurring, That the State of Georgia hereby accepts the donation from the United States of a part of the proceeds of the public lands, to be paid and used as provided in an Act of the Congress of the United States, approved August 30, 1890, entitled an Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an Act of Congress, approved July 2, 1862, upon the terms and conditions prescribed therein. Donation accepted. Upon terms prescribed in the Act. Approved November 26, 1890. AS TO AMENDMENT OF THE NATIONAL BANK ACT. No. 2. Resolved by the House of Representatives, the Senate concurring, That our Senators and Representatives in Congress be requested to use their best and most persistent efforts to have the National Bank Act so amended as to authorize national banks to accept real estate as collateral for loans made by them. Senators and representatives requested to urge amendment of National Bank Act. Resolved, That His Excellency, the Governor, be requested to furnish each of our Senators and Representatives in Congress with a copy of the foregoing resolution. Governor to furnish copies of this resolution. Approved December 4, 1890.

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URGING REPEAL OF UNITED STATES TAX ON STATE BANKS OF ISSUE. No. 3. Whereas, The statute of United States levying a tax of ten per cent. on State banks of issue, which was enacted in the interest of the national banks, gives the latter a monopoly in the issue of currency, which is unjust and injurious to the people of this country, in that said State banks, by the exorbitant tax, are prohibited from doing business, and are prevented from issuing a good local currency, which, properly guarded by State laws, would be safe and greatly promotive of the prosperity of the people; therefore be it Preamble. Resolved by the House of Representatives, the Senate concurring, That our Senators and Representatives in the present Congress be, and they are, hereby instructed to urge the passage at the ensuing session of an Act repealing the statute imposing said tax. Senators and Representatives instructed to urge repeal. Resolved further, That His Excellency, the Governor, be requested to have each of our Senators and Representatives in Congress supplied with a duly certified copy of the foregoing resolution. Governor to furnish copies of this resolution. Approved December 4, 1890. RELIEVING SANDERSVILLE AND TENNILLE RAILROAD COMPANY FROM PENALTY FOR FAILURE TO PAY TAX. No. 4. Whereas, By an Act of the General Assembly approved 1889, it was made the duty of railroad companies in the State of Georgia to pay their taxes due the State by the first day of October in each year, under a penalty of five hundred dollars; and Preamble

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Whereas, The treasurer of the Sandersville and Tennille Railroad Company did not express the money for the taxes due the State until the second day of October; and Whereas, The Comptroller-General of the State, obeying the mandates of the law, issued an execution against said company for said penalty; therefore be it Resolved by the General Assembly of Georgia, That said Sandersville and Tennille Railroad Company is hereby relieved of said penalty and the Comptroller-General, by virtue of this resolution, is authorized to satisfy said execution; provided , that all costs of issuing said fi. fa. shall first be paid by said railroad company. Penalty remitted. Cost to be paid by company. Approved December 9, 1890. CONSENTING TO PLACING STATUE OF HON. B. H. HILL IN CAPITOL. No. 5. Resolved by the House of Representatives, the Senate concurring, That consent is hereby given to the Ben Hill Monument Association to have the statue of the late United States Senator, Benjamin H. Hill, placed in the Capitol building under the direction of His Excellency, the Governor, in accordance with the proposition of said association, and suggestions contained in the message of the Governor on the subject; provided , it can be done with safety to the building. Consent given if monument can be placed with safety to building. Approved December 9, 1890.

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DIRECTING INQUIRY, ETC., AS TO PROPERTY CONNECTED WITH WESTERN AND ATLANTIC RAILROAD IN TENNESSEE, ETC. No. 6. By the House, the Senate concurring, That His Excellency, the Governor, be, and he is, hereby requested to direct the Attorney-General to investigate and report, as soon as practicable, if any, and what part, of the State's property in the State of Tennessee, and connected with the Western and Atlantic Railroad, has been condemned by the city of Chattanooga, sold for taxes under any process whatever, or has in any other way or manner been disposed of; and further, what is the proportion of real estate held and owned by this State in the year 1870, now in the possession of the present lessees of said railroad. Attorney-General to investigate and report as to States property in Tennessee sold for taxes, etc. And what realty owned by State in 1890 is in possession of lessees of Western Atlantic Railroad. Approved December 9th, 1890. OFFICERS OF BARNESVILLE BLUES RELEASED FROM LIABILITY FOR GUNS DESTROYED BY FIRE. No. 7. For the relief of E. J. Murphey and others. Whereas, The Barnesville Blues, a military company, in the county of Pike, of this State, lost by fire their armory and fifty rifles, together with their equipment; and Preamble Whereas, It was by no fault of said company or its officers these guns, the property of the State, were destroyed; be it Resolved by the General Assembly of the State of Georgia, That E. J. Murphy, captain, and John L. Hunt, Thomas C. Banks and R. B. Goodwyn, lieutenants of said company and securities on the bond of said company, be, and they are, hereby released from any liability on said bond. Officers, sureties on company bond, re-relieved. Approved December 13th, 1890.

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RELIEVING BRITISH AMERICA ASSURANCE COMPANY FROM PENALTY FOR FAILURE TO PAY TAX. No. 8. Whereas, The British America Assurance Company, of Toronto, Canada, having failed to pay the tax due July 1, 1889, and having incurred the penalty of the law; and Preamble Whereas, The said penalty of five hundred dollars ($500) was immediately thereafter paid with the tax; and Whereas, The non-payment was caused by the absence and omission of the clerk whose duty it was to make the return, and was not owing to any desire whatever to escape said tax; and Whereas, The said Assurance Company has always hitherto been prompt and faithful in the discharge of its duties to the State under the law; therefore be it Amount of penalty to be returned Resolved, That the said British America Assurance Company be, and it is, hereby relieved from said penalty, and the Governor be hereby authorized to draw his warrant upon the Treasury for the amount of said penalty in favor of said British America Assurance Company. Approved December 16, 1890. PROLONGING SESSION GENERAL ASSEMBLY OF 1890. No. 9. Resolved by the House of Representatives, the Senate concurring, That the present session of the General Assembly be, and the same is, hereby prolonged beyond the first forty days for such length of time as may be necessary to transact the public business of the State. Session prolonged for such time as necessary for public business. Approved December 16, 1890.

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INDEXING JOURNALS OF SESSION OF 1890. No. 10. Providing for the work of indexing the Journals of the House and Senate for the present session of 1890. Be it resolved by the House of Representatives, the Senate concurring, That J. T. Taylor is hereby authorized to make indexes for the House and Senate Journals of the present session of 1890, and that to facilitate the work and prevent delay in the publication of the Journals, the State Printer is directed to furnish said Taylor advance sheets of both Journals. J. T. Taylor authorized to make indexes. Resolved further, That to compensate said J. T. Taylor for this work, the sum of one hundred and fifty dollars is hereby appropriated, and so soon as he shall present to the Governor a certificate of the State Printer showing that the indexes have been completed and delivered, the Governor shall draw his warrant on the Treasurer in favor of said Taylor for the sum herein appropriated. compensation therefor. Approved December 20, 1890. RELIEVING NORTH AND SOUTH STREET RAILROAD COMPANY FROM PENALTY FOR FAILURE TO PAY TAXES. No. 11. For the relief of the North and South Street Railroad Company of Rome, Georgia. Whereas, An execution has been issued by the Comptroller-General of Georgia against The North and South Street Railroad Company of Rome, Georgia, for the sum

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of five hundred dollars ($500) as a penalty, on account of its failure to pay the taxes due said State, on or before the first day of October, 1890; and Preamble. Whereas, It appears that a proper and legal return had been promptly made of the property of said company, and that the president of said company alone had authority to pay out the money of said company, and that on the day the taxes fell due the said president was at home in the country, three miles from the city of Rome, and was too sick to attend to business, and could not go to town, but that on the next day, to-wit, the 2d day of October, 1890, he sent a messenger with the money and the taxes were actually paid the day after they were due; and Whereas, It further appears that this is a new enterprise and has never failed, up to this time, to promptly meet its obligations; therefore be it Resolved, That the said North and South Street Railroad Company of Rome, Georgia, be, and it is, hereby relieved from the said penalty, and the said execution is hereby directed to be entered satisfied. Company relieved from penalty and execution to be entered satisfied Approved December 20, 1890. GOVERNOR'S REQUISITION FOR ARMS, ETC. No. 12. Be it resolved by the General Assembly of Georgia, That the Governor be requested that in making his requisition under section 1661 of Revised Statutes of the United States for army, quartermaster's stores, etc., that he make such requisition as will conform to the resolution of the Military Advisory Board of this State, from time to time, on said subject. Requisitions to conform to resolutions of Military Advisory Board. Approved December 20, 1890.

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APPROPRIATION FOR CHAIRS FOR COMMITTEE ROOMS. No. 13. Resolved by the House, the Senate concurring, That the sum of three hundred and thirty-seven dollars and fifty cents ($337.50) be, and the same is, hereby appropriated to pay John Neal for one hundred and fifty (150) chairs, purchased under a resolution of the House of Representatives for use in the committee rooms of said House, and that the Governor be, and he is, hereby authorized to draw his warrant on the Treasurer in favor of said John Neal for said sum, upon the certificate of the Speaker of the House of Representatives that said chairs have been delivered. Appropriation to Jno. Neal to pay for chairs. Approved December 19, 1890. SETTLEMENT OF LITIGATION OVER GEORGIA STATE LOTTERY PROPERTY. No. 14. Resolved by the House of Representatives, the Senate concurring, That the Governor, by and with the advice of the Attorney-General, is hereby fully authorized and empowered to make settlement of the litigation now pending in the Superior Court of Fulton county and in the City Court of Atlanta involving what is commonly known as the Georgia State Lottery Property, which is claimed by the State and by various and divers persons, as appears by said litigation. Governor authorized to settle the litigation. The Governor, upon the recommendation of the Attorney-General, may agree to any compromise which, in his opinion, shall be to the best interest of the State; provided , the amount realized shall be net to the State not less than twenty thousand dollars ($20,000), and upon the receipt of that amount, the Governor is authorized to convey unto the purchaser

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of the property all right, claim or demand that the State has in or to the same or any part thereof, or he may, by and through the Attorney-General, consent to any decree, judgment or verdict which shall give to the State a net amount of not less than twenty thousand dollars ($20,000), and which verdict, judgment or decree or settlement shall not in any way make the State subject or liable to any other or further payment of any claims or demands of any person or persons whomsoever in respect or regard to said litigation and said property. Upon recommendation of Attorney-General authorized to agree to compromise. Amount which must be realized to State. Conveyance to purchaser. Decree, etc. Approved December 19, 1890. RELIEVING CITY AND SUBURBAN RAILWAY OF PENALTY FOR FAILURE TO PAY TAXES. No. 15. Whereas, By an Act of the General Assembly, approved September 17th, 1889, it was made the duty of railroad companies in this State to pay their taxes due the State by the 1st day of October, in each year, under a penalty of $500.00; and Preamble. Whereas, The President of the City and Suburban Railway of Savannah did not pay the taxes due the State until 4th day of October, 1889, by reason of his absence from the State for providential cause; and Whereas, The Comptroller-General of the State, obeying the mandates of the law, issued an execution against said company for said penalty; therefore be it Resolved by the General Assembly of Georgia, That said City and Suburban Railway of Savannah is hereby relieved of said penalty, and the Comptroller-General is, by virtue of this resolution, authorized to satisfy said execution upon the payment of all costs incurred up to the date of the passage of this resolution. Company relieved of penalty upon payment of costs. Approved December 20, 1890.

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RELIEVING COAST LINE RAILWAY OF PENALTY FOR FAILURE TO PAY TAXES. No. 16. Whereas, By an Act of the General Assembly, approved September 17th, 1889, it was made the duty of railroad companies in this State to pay their taxes due the State by the 1st day of October, in each year, under a penalty of $500.00; and Preamble Whereas, The President of the Coast Line Railway of Savannah did not pay the taxes due the State until 4th day of October, 1889, by reason of his absence from the State for providential cause; and Whereas, The Comptroller-General of the State, obeying the mandates of the law, issued an execution against said company for said penalty; therefore be it Resolved by the General Assembly of Georgia, That said Coast Line Railway of Savannah is hereby relieved of said penalty and the Comptroller-General is, by virtue of this resolution, authorized to satisfy said execution upon payment of all costs incurred up to the date of the passage of this Resolution. Company relieved from penalty upon payment of costs. Approved December 20th, 1890. COVERING INTO TREASURY APPROPRIATIONS MADE TO ATLANTA UNIVERSITY. No. 17. Resolved by the House, the Senate concurring, That the sum of twenty-four thousand dollars, heretofore appropriated by past General Assemblies to the Atlanta University, and which has not been demanded by the authorities of said University, as required by law, be, and the same is, hereby covered into the Treasury of the State and made a part of the general fund thereof; provided , this Resolution

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shall not be construed to mean to deprive the colored race of the benefit of said fund whenever the General Assembly shall see fit to appropriate the same to such institution as shall comply hereafter with the statutes in reference thereto. Appropriation made and not demanded covered into State treasury But colored race not to be deprived of benefit of the fund. Approved December 20th, 1890. PLUMBING, ETC., IN OFFICE OF STATE CHEMIST. No. 18. To appropriate money for plumbing, flooring, shelving and furniture in the office of the State Chemist in the Capitol. Whereas, The office of the State Chemist has never been located in the Capitol until the present time, and it becomes necessary to put in plumbing, flooring, shelving and furniture in the three basement rooms of the Capitol, now occupied by the State Chemist; be it therefore Preamble. Resolved by the General Assembly, That the sum of four hundred and ninety-eight dollars ($498.00) be appropriated to defray the cost of putting said plumbing, flooring, shelving and furniture in the office of the State Chemist in the Capitol. Appropriation for plumbing, etc. Approved December 20th, 1890.

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CREATING COMMISSION AS TO CLAIMS BETWEEN LESSEES OF WESTERN AND ATLANTIC RAILROAD AND THE STATE, ETC. No. 19. To create a Commission to consider the claims between the lessees of the Western and Atlantic Railroad (Western and Atlantic Railroad Company) and the State of Georgia, to define its powers and duties, and to define the powers and duties of the Governor and of the Judges of the Supreme Court as to said issues, and for other purposes. Whereas, His Excellency, the Governor, has called the attention of the General Assembly to the claims of the lessees of the Western and Atlantic Railroad aggregating $550,000 for improvement of various kinds claimed to have been put upon that road and its appurtenances, and taxes paid upon the property in Tennessee during the term of the present lease; and Preamble. Whereas, Said lessees claim that the road and its appurtenances, as they will be delivered to the State at the expiration of the lease, will be in a condition superior to the condition of the property when received by them, to the extent of more than the claim presented, and that the State owes them for the bettered condition of said property; and Whereas, The lessees claim that the taxes paid by them upon the property of the State in Tennessee ought to be refunded; and Whereas, The lessees claim that they are not legally bound by the lease contract or otherwise to deliver the road and its appurtenances at the expiration of the lease in any better condition than they were when delivered by the State to them at the beginning of the lease, and that if the State receives the property in its present condition it ought to pay for the improvements; and Whereas, It is desirable to have all doubt removed (if there be any) as to the rights of the State and of the lessees under the lease contract; now, therefore, be it Resolved by the General Assembly, That without conceding any part of the claim and with an explicit denial of

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the aforesaid claim of the lessees in whole and in part, and that the State is or will be due them anything, even if the facts alleged by them are true, that so soon as the lessees of the Western and Atlantic Railroad Company shall file with the Governor an agreement to stand to and abide the settlement under the provisions of this Resolution, that the Governor be, and is, hereby authorized and directed by and with the approval and confirmation of the Senate, if in session, to appoint eight citizens of Georgia, recognized as men eminent for their integrity and ability, who shall constitute a Commission with power and authority to hear, consider and determine the claims recited and set forth in the foregoing preamble, according to the legal rights of the lessees under the Lease Act, and their contract with the State, and such as may be made by the State against the lessees, and make a report to the Governor of their findings on the issues between the lessees (the Western and Atlantic Railroad Company) and the State of Georgia, as the owner of the Western and Atlantic Railroad. Said finding or judgment of the Commission herein provided for shall have no force or effect unless concurred in by the vote of five members of the Commission, and approved of by the Governor, and when concurred in by vote of five of said Commission and approved by the Governor, it shall be binding and conclusive upon both parties. Should the Governor disapprove the judgment or finding of said Commission, he shall file in writing his reasons therefor, and also serve notice on the President of the Western and Atlantic Railroad Company, or its attorney. In no event shall the finding or judgment of said Commission have any force or effect unless approved by the Governor and the Governor may approve said findings in part, and disapprove it in part. One copy of the finding of said Commission shall be served upon the lessees, and another, together with all the evidence, shall be filed with the Governor, and the Governor shall be authorized and empowered to fix the sum to be paid as compensation to said Commission; this may be fixed either before or after the service, in his discretion. Commissioners to be appointed. Their powers. Report. Finding no effect unless concured in by fire commissioners and approved by the Governor. Disapproval of the finding by the Governor. May approve in part and disapprove in part. Copies of finding to be served and filed. Compensation of commissioners. Resolved second, That the said Commissioners shall meet in the city of Atlanta, December 22d, 1890, or as soon thereafter as said Commission can be convened by the Governor, and organize the Commission, and thereafter the sessions of the Commission shall be held at such times and places as will be most expedient for a speedy dispatch of its business, and shall conclude its labors by June 1st, 1891. It shall have the power to engage experts, compel the attendance of witnesses, to administer oaths, compel the production of

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books and papers, and elicit all other information which may be deemed necessary and proper for the investigation of the matter hereby submitted. Such Commission may employ a stenographer and a sergeant-at-arms. Organization, sessions, etc., of commission. Experts, witnesses etc. Resolved third, That it is hereby made the duty of the Attorney-General of the State to represent the interests of the State before the Commission in all matters involved in the disposition of this question; provided always , that none of the powers herein granted shall be exercised until the Western and Atlantic Railroad Company binds itself in a written undertaking to be delivered to the Governor, to stand to and abide the final decision of these questions, under the provisions of this resolution, and to abandon all and every other proceeding whatever to enforce and assert its aforesaid claim. Attorney-General to represent State. Western Atlantic Railroad Company to bind itself to abide resuit. Resolved fourth, That said Attorney-General shall submit all counter-claims on behalf of the State against the said lessees, which may lawfully and properly arise under the contract of the lease, whether the same be for the property received from the State and unaccounted for by said lessees, or for property lost, or for any other proper charge which said contract may authorize, or which may be due to the State by the lessees; and it shall be the duty of said Commission to fully hear and determine the same, and to render a judgment in the premises according to the law and evidence. In considering any claim question or issue, arising out of said lease regard shall be had to the rights of the sovereign State of Georgia, and that finding made which will secure the rights of both the people and of the lessees. Counter claims of the State, etc. Resolved fifth, That the Governor be, and is, hereby authorized to employ such counsel to aid the Attorney-General in conducting the investigation upon the part of the State as he may deem necessary. Counsel to aid Attorney-General. Resolved sixth, That the compensation to the Commission and all other expenses incident to the investigation and disposition of this matter shall be borne by the State, but each party shall pay its own attorney's fees and the fees and expenses of its own witnesses. Evidence may be taken by depositions at the instance of either party under such rules and regulation as may be prescribed by the Commission, and in such case the party at whose request the depositions are taken shall pay the expenses thereof. Compensation of commissioners, etc., to be borne by the State. Each party to pay its attorney's and witness fees. Evidence by deposition. Resolved seventh, That the Governor be, and he is, hereby authorized and directed to fill any vacancies in the Commission which may be caused by death, disability, resignation, refusal to serve, or from any other cause. Vacancies in commission.

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Resolved eighth, That before entering upon the discharge of his duties, each member of the Commission shall take an oath to be administered by one of the judges of the Supreme Court, to discharge the duties assigned to him under the Commission, with faithfulness and impartiality, and that he is not interested, either directly or indirectly, as counsel or otherwise, in the Western and Atlantic Railroad Company. Oath of commissioners. Resolved ninth, That should said Commission find any amount due by the State to the lessees, or by the lessees to the State, they shall, in their finding or judgment, state fully and clearly their opinion of the law bearing upon or controlling each issue made, and each item that was claimed by either party. Their finding shall contain a clear, full statement of the issues made, and of how their conclusions were reached. Commissioners to state their opinion of the law bearing upon issues made, etc. Resolved tenth, That should the Governor disapprove or reject the findings, or any part of the findings of the Commission upon the matters or issues submitted to the said Commission, either party by their counsel, may, within five days after notice of the disapproval or rejection by the Governor of the finding of said Commission, file with the Governor, exceptions to the refusal of the Governor to approve the same, and have certified by the Governor and said Commission to the Judges of the Supreme Court of Georgia, all, or so much of the record and facts in said matters as may be necessary for the determination of the issues involved in the findings excepted to, and all the issues involved by said judges. The said judges shall immediately proceed to consider and pass upon all the issues involved, and their finding or judgment on the same shall be final and conclusive upon both parties. Each party shall be entitled to be represented before said judges by counsel, as herein provided for before said Commission. The record shall be made up and certified as aforesaid, and filed with said judges within twenty (20) days after said exceptions have been filed with the Governor. Exceptions to refusal by Governor to approve. Record to be certified to Judges Supreme Court. Who shall pass upon issues, and whose judgment shall be final, etc. Time within which record must be filed. Resolved eleventh, That the rights of neither the State or lessees shall be prejudiced or changed by the delivery of the road to the State in its present condition, and a submission of the questions under this resolution, but the legal rights of the lessees shall remain the same as they were at the time the president of the lessee company first called the attention of the State to the claims of the lessees, in his letter in 1886, but the final judgment and settlement, under the provisions of this resolution, shall be final and conclusive upon both parties upon all issues herein provided to be submitted. Rights of parties not affected by delivery of road in its present condition, and submission under this resolution.

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Resolved twelfth, That all reference in this resolution to the lessees, or to the president of the lessees, refer to the present lessees of the Western and Atlantic Railroad, whose lease will expire December 27, 1890. Approved December 22, 1890. SELECTION OF PERMANENT CAMP SITE FOR GEORGIA VOLUNTEERS. No. 20. Be it resolved by the General Assembly of Georgia, That the Military Advisory Board of the State be authorized, on bids to be submitted, to select a permanent camp site to be used for the annual encampments of the Georgia Volunteers, in such portion of the State, and upon such terms and conditions as to said board may seem advisable; that if said board shall be able to secure such a permanent camp site, it shall be relieved from the duty of obtaining annual bids, as provided by the Act of November 11, 1889. Military Advisory Board authorized to select site. Terms, etc. If permanent site secured board relieved of obtaining annual bids Approved December 22, 1890.

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RELIEVING WADLEY AND MOUNT VERNON RAILROAD COMPANY OF PENALTY FOR FAILURE TO PAY TAXES. No. 21. Whereas, By law the Wadley and Mount Vernon Railroad Company, with other such companies, is required in each and every year to make an annual return of its property to the Comptroller-General of this State for the purposes of taxation; and Preamble. Whereas, By an Act of the General Assembly of this State, approved September 17, 1889, it is provided, If any railroad company or companies, doing business in this State, shall fail or neglect to pay to the State all the taxes which said 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 Whereas, Through misapprehensions of its duty the said The Wadley and Mount Vernon Railroad Company failed to pay said taxes by the first day of October, 1890; and Whereas, As soon as said mistake was detected the said taxes were duly paid to the State; and Whereas, The Comptroller-General is satisfied that the said company desired and attempted to comply with the law, but by failure so to do it has incurred a penalty of five hundred dollars; therefore Resolved by the General Assembly of Georgia, That the said The Wadley and Mount Vernon Railroad Company be, and the same is, hereby relieved from the penalty assessed as aforesaid. Company relieved of penalty. Approved December 24, 1890.

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COMMITTEE FROM GENERAL ASSEMBLY TO ATTEND COMMENCEMENT OF UNIVERSITY OF GEORGIA. No. 22. Resolved by the House of Representatives, the Senate concurring, That a joint committee of five from the Senate and ten from the House be appointed to attend the next commencement of the University of Georgia. Joint committee to be appointed. Approved December 24, 1890. PROVIDING FOR PAYMENT TO HIS FAMILY OF AMOUNT DUE A. C. ADKINS. No. 23. Whereas, Abner C. Adkins, a disabled Confederate soldier, was, on the day of , 18, after proper proof being made, was entered on the list of those entitled to relief under the several Acts passed by the Legislature of the State of Georgia, and granted fifty dollars a year; and Preamble Whereas, The said Abner C. Adkins, during the years 1887-88-89, was insane and confined most of the time in the Lunatic Asylum, said insanity being superinduced by the wounds received by him while in the service of his country; and Whereas, By reason of his insanity he failed to make application for and receive his pension for the year 1889; and Whereas, The said Adkins died on the 15th day of February, 1889, leaving a large and dependent family, who need the money due him; Be it resolved by the General Assembly of the State of Georgia, That the sum of fifty dollars, the amount due Abner C. Adkins as a disabled Confederate soldier for the year 1889, be, and the same is, hereby appropriated, and that Governor W. J. Northen do draw his warrant on the Treasurer for the same and have it delivered the family of said Adkins. Amount due A. C. Adkins, disabled Confederate soldier, for 1889, to be paid to his family. Approved December 24, 1890.

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DISCHARGING JESSE COLEY FROM LUNATIC ASYLUM. No. 24. Whereas, Jesse Coley, of Haralson county, is confined in the Lunatic Asylum of the State of Georgia; and Preamble Whereas, The Superintendent of said Asylum pronounces him restored; and Whereas, There is no further necessity to keep him in said asylum; therefore Be it resolved by the General Assembly of the State of Georgia, That the said Jesse Coley be, and is, hereby discharged from said institution, and the Superintendent of said Lunatic Asylum is hereby directed and required to deliver the said Jesse Coley to the Sheriff of Haralson county, to be disposed of as provided by law. Discharge, of Jesse Coley directed. Approved December 24, 1890. RELATING TO A REVISION OF THE CRIMINAL LAWS OF THE STATE. No. 25. Resolved by the House of Representatives, the Senate concurring, That a joint special committee of five from the House and three from the Senate be appointed to examine and report to the adjourned session of this General Assembly, should one be had, or to this session, the propriety of a revision of the criminal laws of this State, with a view to the greater economy and efficiency of their enforcement and a proper adjustment of penalties to offences. Joint committee to examine and report as to propriety of a revision of the criminal laws. Approved December 23, 1890.

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ASKING LEGISLATION BY CONGRESS TO RELIEVE FINANCIAL EMBARRASSMENT OF THE COUNTRY. No. 26. Resolved by the House of Representatives, the Senate concurring, That the National Congress now in session is most earnestly requested to set aside all ordinary legislation and provide a method for relieving the financial embarrassment of the country. Congress requested to provide for relieving financial embarrassment of the country. Resolved further, That a copy of this resolution be presented by the Governor of this State to each member of the Georgia delegation in Congress, and to the Speaker of the House of Representatives and President of the Senate. Copy of this resolution to be furnished. Approved December 24, 1890. INVITING EX-PRESIDENT CLEVELAND TO ATTEND THE GEORGIA CHAUTAUQUA. No. 27. Whereas, The city of Albany, in this State, has invited Ex-President Grover Cleveland to attend the third annual session of the Georgia Chautauqua, to convene in that city during the month of March, 1891; and Preamble. Whereas, The presence in the State of Georgia of this distinguished statesman will be a source of gratification and pleasure to our citizens; therefore Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, That Ex-President Grover Cleveland be urged to accept the invitation tendered by the management of the Georgia Chautauqua and the citizens of Albany, and that he be assured of a heartfelt and cordial welcome from the entire people of our State on the occasion of his visit within its borders. Ex-President Cleveland urged to accept invitation to the Georgia Chautauqua. Approved December 23, 1890.

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REQUIRING INVESTIGATION AS TO STATUS OF CERTAIN LOTS OF LAND. No. 28. Whereas, Under existing laws it is made the duty of the Ordinaries of the several counties to sell certain lots of land in said counties and to pay the proceeds of same into the Treasury for the purposes as provided by law; and Preamble. Whereas, In certain localities said lands have not been sold, or, if sold, no report has been made as required by law; therefore Be it resolved by the General Assembly of Georgia, That the Secretary of State be required to investigate the status of the following lots of land: Secretary of State required to investigate Number 10 in first district of Coffee county. Number 100 in first district of Coffee county. Number 10 in second district of Appling county. Number 10 in fifth district of Pierce county. Number 100 in fifth district of Appling county. Number 10 in sixth district of Coffee county. Number 100 in sixth district of Coffee county. Number 10 in seventh district of Coffee county. Number 10 in eighth district of Ware county. Number 100 in eighth district of Ware county. Number 100 in ninth district of Pierce county. Number 100 in sixth district of Early county. Number 10 in eighth district of Baker county. Number 100 in eighth district of Baker county. Number 100 in tenth district of Mitchell county. Number 100 in eleventh district of Mitchell county. Number 100 in thirteenth district of Miller county. Number 100 in sixteenth district of Decatur county. Number 10 in seventeeth district of Thomas county. Number 10 in eighteenth district of Thomas county. Number 100 in eighteenth district of Thomas county. Number 100 in the fourth district of Irwin county. Number 100 in the fifth district of Irwin county. Number 10 in sixth district of Irwin county. Number 100 in sixth district of Irwin county. Number 10 in seventh district of Worth county. Number 100 in seventh district of Worth county.

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Number 100 in nineteenth district of Decatur county. Number 100 in twenty-first district of Decatur county. Number 10 in twenty-third district of Thomas county. Number 10 in twenty-seventh district of Decatur county. Number 100 in twenty-seventh district of Decatur county. Number 100 in seventh district of Gwinnett county. Number 10 in fourth district of White county. Number 10 in fifth district of Lumpkin county. Number 10 in sixth district of White county. Number 10 in first district of Rabun county. Number 100 in first district of Rabun county. Number 10 in second district of Rabun county. Number 10 in third district of Rabun county. Number 10 in fourth district of Rabun county. Number 10 in first district of Wilcox county. Number 100 in first district of Wilcox county. Number 10 in second district of Irwin county. Number 100 in second district of Worth county. Number 10 in third district of Irwin county. Number 100 in third district of Irwin county. Number 10 in fourth district of Coffee county. Number 10 in eighth district of Colquitt county. Number 10 in ninth district of Berrien county. Number 100 in tenth district of Berrien county. Number 100 in thirteenth district of Thomas county. Number 10 in fourteenth district of Thomas county. Number 10 in ninth district of Hall county. And if in such investigation he shall find that any of said lands have been properly sold under existing statutes, he shall make record of same on the records of his office, but if in such investigation he shall find that any of said lots have not been sold as provided by law, he shall report same to the Governor; and it shall be the duty of the Governor upon the report of the Secretary to call attention of the Ordinaries (of the counties where said lands are reported as not being sold) to the general law now of force relating to the sale of said lands, and to require of said Ordinaries to enforce the laws now made and provided for selling the said mentioned lands. If land properly sold record to be made. If not report to be made to Governor and enforcement of the law required. Approved December 24, 1890.

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INSURANCE ON LUNATIC ASYLUM BUILDINGS. No. 29. Resolved by the House, the Senate concurring, That His Excellency, the Governor, be, and he is, hereby requested to inquire as to the amount of fire insurance now held by the Trustees of the Lunatic Asylum, for the State on the buildings thereof, and if, after such inquiry had, it shall appear that the insurance aforesaid is insufficient, then the Governor is hereby authorized and empowered to have said insurance increased to not exceeding one-half the value of said buildings. Amount of insurance to be inquired into And if insufficient to be increased. Approved December 24, 1890. TEMPORARY LOAN FOR COMMON SCHOOL FUND. No. 30. Resolved by the House of Representatives, the Senate concurring, That in order to carry out the provisions of an Act of the General Assembly, entitled an Act to provide for the disbursement of the permanent school fund to amend the Act entitled an Act to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes, approved October 27th, 1887, and for other purposes, the Governor and Treasurer are hereby directed to make a temporary loan of not exceeding two hundred thousand dollars, to be used for the year eighteen hundred and ninety-one; and said loan, when negotiated, shall be used for no other purpose whatsoever. To carry out school law of Oct. 27, 1887. Temporary loan authorized for 1891. Approved December 24, 1890.

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INQUIRY INTO STATUS OF OKEFENOKEE LAND AND DISPOSITION OF FUND PAID FOR PORTION OF STATE RESERVE. No. 31. Whereas, As by Act 206, in 1866, approved December 13th, 1866, the Okefenokee swamp lands were donated to the Georgia Orphans' Home; and Preamble. Whereas, The sum of ten thousand dollars, arising from the sale of the State Reserve, below Macon, was donated to the Georgia Orphans' Home, by Act 262, approved December 8th, 1866; therefore be it Resolved, That a joint committee of one from the Senate and two from the House be appointed to look into and report the status of this property and disposition of the ten thousand dollars paid for the State Reserve by the city of Macon. Joint committee to investigate and report. Approved December 24, 1890. ASKING CONGRESS TO REJECT CONGER LARD BILL, ETC. No. 32. Whereas, A bill is now pending before the Senate of the United States known as the Conger Lard Bill, which imposes a revenue tax on lard in combination with cotton seed oil; and Preamble. Whereas, This bill is calculated to inflict serious injury on the cotton seed oil industry of the South and the cotton seed production; and Whereas, This bill is sectional in its application; therefore Be it resolved, That we petition the United States Senate to reject the said Conger Lard Bill; but we do recommend the passage of the Paddock Pure Food Bill, which protects

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the public against any and all pernicious adulterations of food. Rejection of Conger bill and passage of Paddock bill asked. Resolved further, That our Senators be requested to use their best endeavors to carry out the foregoing Resolution. Georgia senators asked to further the carrying out of this resolution. Approved December 24, 1890. PROVIDING FOR REPAIRS OF EXECUTIVE MANSION, ETC. No. 33. Resolved by the House of Representatives, the Senate concurring, That the Governor is hereby authorized for the purpose of buying carpets, furniture and making repairs for the Executive Mansion, to use eighteen hundred dollars, or so much thereof as may be necessary, of the amount appropriated by this General Assembly for repairs for public buildings in the General Appropriation Act; and that when the General Assembly convenes in summer session a like amount will be appropriated to said general fund to cover this amount for extraordinary purposes. Expenditure authorized for furnishing, etc., executive mansion. Approved December 24, 1890. AUTHORIZING DESTRUCTION OF CERTAIN PLATS AND BONDS IN OFFICE OF SECRETARY OF STATE. No. 34. Whereas, There are in the office of the Secretary of State seventy-five plats for lands in Appling county, for which no grants were ever issued, and the same have been cancelled in accordance with a resolution of the legislature of 1873; and Preamble.

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Whereas, There are also in said office three hundred and forty-nine $1,000 bonds issued under Act 11th December, 1858, payable to Secretary of State, as trustee of the Educational Fund of Georgia, signed by E. P. Watkins, Secretary of State, and Joseph E. Brown, Governor, coupons signed by Jack Jones, Treasurer, and as no purpose can be served by their longer preservation; therefore be it Resolved by the Senate of Georgia, the House of Representatives concurring, That the Hon. Philip Cook, Secretary of State, be, and he is, hereby authorized to destroy said plats, and said bonds in the presence of the Governor, Treasurer and Comptroller-General, a statement of them being made and entered on the minutes of the Executive Department. Destruction of plats of certain lands in Appling county and certain bonds issued under Act of Dec. 11, 1858, authorized. Approved December 29, 1890. BORROWING MONEY TO PAY PENSION TO CONFEDERATE WIDOWS. No. 35. Whereas, It is now reasonably certain that the present General Assembly will pass a law carrying into effect the change in the Constitution, allowing pensions to Confederate widows; and Preamble. Whereas, There is not now in the Treasury any funds with which to pay said pensions; therefore be it Resolved by the Senate, the House concurring, That His Excellency, the Governor, in the event said law does pass at the present term of the General Assembly, be empowered and requested to borrow such sum of money as may be necessary to carry into effect the said law on such terms as may by him be adjudged for the best interest of the State. Governor authorized to borrow money if law passes to pension Confederate widows. Approved December 29, 1890.

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TOUCHING REPEAL OR MODIFICATION OF PRESENT TARIFF LAWS, ETC. No. 36. Whereas, The agricultural interest, as well as the general business of the country, is laboring under great depression, due principally to unjust and discriminating Federal laws, notably the tariff, and the laws restricting the circulation of money to an extent altogether inadequate and disproportionate to the large and increasing demands of the country; and Preamble. Whereas, All classes of business have repeatedly demanded redress against the injustice and oppression resulting from said laws, to which Congress has hitherto refused to accede, or afford any or wholly inadequate relief; and Whereas, The results of the recent elections clearly and unmistakably show that the masses, with an intelligent appreciation of their condition and its causes, have again condemned said laws, and demand their repeal or modification; and Whereas, Class and sectional legislation is unjust, oppressive and wholly wrong; and Whereas, The laws above complained of work injuriously and affect materially the interests of the Western, Middle and Southern States; therefore be it Resolved by the Senate, the House of Representatives concurring, That our Representatives in Congress be requested, and our Senators be instructed, to co-operate with those representing the other Southern States, those of the Middle and Western States, as well as all others who will aid them in earnest and persistent efforts to secure a repeal or modification of the present tariff laws and the passage of some measure to increase the volume of money, thereby affording relief to the great business interests of the country. Repeal or modification of tariff laws and increase of volume of money asked. Resolved further, That His Excellency, the Governor, be-requested to furnish each of our Senators and representatives in Congress with a copy of these resolutions. Copy of this resolution to be furnished Senators and Representatives. Approved December 29, 1890.

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APPROPRIATION TO PAY TO HIS WIDOW AMOUNT DUE W. J. HUNTER, DECEASED CONFEDERATE SOLDIER. No. 37. To appropriate one hundred dollars to Mrs. Jane Hunter, the widow of William J. Hunter, a deceased Confederate soldier. Whereas, William J. Hunter, 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 of December, 1888, and died before receiving the same; therefore Preamble. Be it resolved, That the Governor draw his warrant upon the Treasurer in favor of Jane Hunter, the widow of said William J. Hunter, for the sum of one hundred dollars, the same being the amount due him, the said William J. Hunter, under said Act, and which was unpaid at the time of his death. One hundred dollars appropriated. Approved December 26, 1890. SUPPLY OF SCHOOL BOOKS TO CHILDREN IN GEORGIA. No. 38. Whereas, Through the instrumentality of a pool, or combination, formed between publishers of school books, thereby creating a monopoly and advancing prices several hundred per cent. of the same, which has rendered the price of books burdensome alike to all, and in many instances placed it beyond the ability of the poor to supply their children books necessary for their advancement; and Preamble. Whereas, The Constitution of the State authorizes the enactment of such laws as may be necessary to prevent and

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defeat all combinations and trusts which tend to reduce or defeat competition; and Whereas, It is the policy of one or more of the States to publish or furnish books for the use of their own schools at a price which only covers cost of materials and expenses of publishing; therefore be it Resolved, first, by the Senate, the House concurring, That it shall be the duty of the State School Commissioner of Georgia, if possible, to inaugurate a system or plan by which school books can be supplied to the children of the State at a greatly reduced price. State School Commissioner required, if possible, to inaugurate system for supply of cheap books. Resolved, second, That it shall also be the duty of said Commissioner to inquire into the practicability of publishing all school books by the State by contract with authors and publishers, or otherwise, and make a report to the adjourned session of the present General Assembly, should there be one, if not, to the next General Assembly, of all information acquired by him, with such recommendations as will assist in solving this question and affording the desired relief. Inquiry and report to be made as to publication by the State Approved December 30, 1890. ASKING CONGRESS TO REJECT CONGER LARD BILL, ETC. No. 39. Whereas, A bill is now pending before the Senate of the United States known as the Conger Lard Bill, which imposes a revenue tax on lard in combination with cotton seed oil; and Preamble Whereas, This bill is calculated to inflict serious injury on the cotton seed oil industry of the South and the cotton seed producer; and Whereas, This bill is sectional in its application; therefore, Be it resolved, That we petition the United States Senate to reject the said Conger Lard Bill; but we do recommend the passage of the Paddock Pure food Bill, which protects the public against any and all pernicious adulterations of food. Rejection of Conger bill and passage of Paddock bill asked.

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Resolved further, That our Senators be requested to use their best endeavors to carry out the foregoing resolution. Senators requested to further this resolution. Approved December 30, 1890. NOTE BY COMPILER.This Resolution is identical in language with Resolution No. 32, one of them having been introduced first in the Senate and the other in the House of Representatives. APPROPRIATION TO PAY AGENT TO COLLECT MONEY DUE STATE UNDER ACT OF CONGRESS AS TO DIRECT TAX, ETC. No. 40. Resolved by the House of Representatives, the Senate concurring, That the sum of five hundred dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated and made immediately available, out of any moneys in the Treasury not otherwise appropriated, to be used by the Governor, in his discretion, in paying the services of an agent, to be by him appointed, in receiving and turning over to the State Treasury the sum appropriated and ascertained to be due the State of Georgia under the terms and provisions of an Act of Congress, approved March second, eighteen hundred and ninety one, entitled an Act to credit and pay to the several States and Territories and the District of Columbia all moneys collected under the direct tax levied by the Act of Congress, approved August 5, 1861, including the making and printing of all necessary blank-books, stationery, clerical work, and whatever may be necessary to furnish the State with a full and complete transcript of all the books now on file in the Treasury Department of the United States, showing the collections and transactions therewith connected of all taxes paid in the State of Georgia under the Direct Tax Act of the Congress of the United States, approved August 5, 1861, and the Acts amendatory thereof. Five hundred dollars appropriated. To pay agent to receive and turn over money due the State under Act of March 2, 1890. Appropriation to cover blank books, transcripts etc. Approved August 1, 1891.

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ACCEPTING TERMS OF ACT OF CONGRESS OF MARCH 2, 1890, AS TO DIRECT TAX. No. 41. Resolved by the House of Representatives, the Senate concurring, That the State of Georgia will accept, and does hereby accept, the sum appropriated and ascertained to be due said State, and the trusts imposed under the terms and provisions of the Act of Congress, approved March 2, 1891, entitled an Act to credit and pay to the several States and Territories, and the District of Columbia, all moneys collected under the direct tax levied by the Act of Congress, approved August 5, 1861, and in full satisfaction of all claims against the United States on account of the levy and collection of said tax, and the Governor of the State is hereby authorized to receive said sum of money for the uses and purposes aforesaid. Sum appropriated and trusts imposed accepted. Approved August 6, 1891. INVESTIGATION AS TO VIOLATION OF CHARTERS OF RAILROAD COMPANIES, ETC. No. 42. Resolved by the Senate, the House concurring, That a committee of two from the Senate and three from the House be appointed to investigate the railroads of Georgia, to ascertain which, if any, of them, have violated the provisions of their charters, and otherwise acted contrary to the laws and Constitution of this State, and make report of the proceedings to the General Assembly. Joint committee to make investigation and report Be it further resolved, That said committee be authorized to employ a stenographer, to send for persons and papers and do all other acts necessary to carry out the intentions of this resolution. Authorized to employ stenographer, etc. Approved August 6, 1891.

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APPROPRIATION TO SUPPLEMENT CONTINGENT FUND FOR 1891. No. 43. To appropriate the sum of six thousand dollars to supplement the amount heretofore appropriated to the contingent fund for the year 1891. Whereas, A demand was made upon the State in the latter part of 1890 for the amounts due for taxes on the property of the Western and Atlantic Railroad situated in the State of Tennessee; and Preamble. Whereas, Said demands amounted to nearly $12,000 and the said sum was paid by the Governor, in order that the Western and Atlantic Railroad property could be turned over to the new lessees unincumbered; and Whereas, This payment has diminished the contingent fund for the present year until it is about exhausted; therefore be it Resolved, By the General Assembly of Georgia, That the sum of six thousand dollars be, and the same is, hereby appropriated out of money in the treasury, not otherwise appropriated, as an additional amount for the contingent fund for 1891. Amount appropriated. Approved August 18, 1891. APPROPRIATION FOR COPIES OF PUBLIC ACTS OF 1890. No. 44. Resolved by the House, the Senate concurring, The sum of one hundred and sixty-six dollars ($166) be, and the same is, hereby appropriated to pay Ben J. Davis for three hundred and thirty-two (332) copies of the Public Acts of 1890, contracted for by the Governor for the use of the judicial

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officers of the State, and that the Governor is hereby authorized to draw his warrant upon any funds in the Treasury, not otherwise appropriated, in payment of the same. One hundred and sixty-six dollars appropriated. Approved August 21, 1891. PROVIDING FOR PAYMENT TO HIS WIDOW OF SUM DUE JAMES EASON, DECEASED CONFEDERATE SOLDIER. No. 45. Whereas, James Eason, a Confederate soldier, residing in Douglas county, died February 18, 1891, and was entitled at the time of his death to a pension of fifty dollars; therefore be it Preamble. Resolved by the House, the Senate concurring, That the Governor be, and he is, hereby authorized to draw his warrant on the Treasury in favor of Mrs. L. A. Eason, widow of said deceased soldier, for the said sum of fifty dollars, the amount of the pension due the said James Eason for the pension year ending October 26, 1891. Fifty dollars appropriated for widow of James Eason. Approved August 22, 1891. TO PAY HON. WM. JENNINGS, MEMBER OF THE HOUSE OF REPRESENTATIVES, HIS PER DIEM DURING ABSENCE FROM PROVIDENTIAL CAUSE. No. 46. Whereas, The Hon. William Jennings, of the county of Terrell, was, by providential cause and no fault of his, prevented from attending the sessions of this House as its meeting in 1890; therefore be it Preamble.

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Resolved by the House, the Senate concurring, That his per Diem for the forty-eight (48) days of said session of 1890 be paid him as other members were paid for same time. Per Diem for forty eight days of session of 1890 to be paid. Approved August 22, 1891. REFUNDING TO A. P. CHAPPEL AND HARRIS FREEMAN AMOUNT PAID LIQUOR TAX. No. 47. For the relief of A. P. Chappel and the firm of Harris Freeman, of Gordon county, Georgia. Whereas, A. P. Chappel, of Gordon county, Georgia, and the firm of Harris Freeman, of the same county, did register in the Ordinary's office, of said county, and they did pay T. M. Ellis, Tax-Collector of said county, the sum of fifty dollars ($50.00) each, a special tax for the privilege of selling spirituous and malt liquors, by the gallon, for the year 1891, in conformity with the old law; and Preamble. Whereas, By an Act passed by this Legislature, at its first session and approved by the Governor, all persons were denied the privilege of selling liquors of any kind, in the State without a special license, and said Act not having been published before said parties hath paid in their money; and Whereas, Said parties, not wishing to violate the law, and immediately upon being notified by the Ordinary of the passage of said new Act, stop selling; therefore be it Resolved by the House of Representatives, the Senate concurring, That His Excellency, the Governor, be, and he is, hereby authorized, and directed, to draw his warrant upon the treasury for the sum of forty dollars, in favor of A. P. Chappel, also the sum of forty dollars in favor of the firm of Harris Freeman, to be paid out of any money not otherwise appropriated, these sums having been paid by said parties, in good faith, for privileges which were denied them by said new Act. Amount to be refunded. Approved August 26, 1891.

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INSTRUCTING APPOINTMENT OF ASSISTANT ATTORNEY-GENERAL. No. 48. Resolved by the Senate of Georgia and the House of Representatives, that Preamble. Whereas, The continued illness of the Hon. George N. Lester, the Attorney-General of Georgia, renders him incapable of performing the duties of his office, and from information received we are of the opinion that his illness is likely to be of long duration; therefore be it Resolved, That the Governor be, and he is, hereby instructed and authorized to appoint an Assistant Attorney-General of special counsel to perform the duties of the present Attorney-General during the continuance of his illness, or until his successor is elected and qualified, or appointed and qualified, at a salary not to exceed the sum of two thousand dollars per annum. Assistant to be appointed. Term. Salary. Approved August 28, 1891. RATIFYING EXCHANGE OF CERTAIN PROPERTY BY BOARD OF CAPITOL COMMISSIONERS, ETC. No. 49. Ratifying an exchange of small portions of land between Janie P. Thompson and the Board of Capitol Commissioners made in 1884, and rendered necessary in changing the direction of Capitol avenue, formerly McDonough street, in enlarging the grounds for the new Capitol; and authorizing the Governor to convey to Janie P. Thompson title to the ground conveyed to her in exchange for that portion of said Thompson's lot received by the Commissioners for State purposes. Whereas, In 1884, the Board of Capitol Commissioners, in carrying out the law authorizing the construction of the

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Capitol (after condemning property to make the ground square), found it necessary, in changing the direction of Capitol avenue, formerly McDonough street, to occupy a small part of the front of the lot owned by Janie P. Thompson, adjoining the lot known as the Harris lot, condemned by the State for said purpose; and Preamble Whereas, The said board agreed to exchange the rear portion of the Harris lot, not needed and in such shape that it could not in any way be utilized by them, for the small part of the Thompson lot, and did exchange said pieces of property and gave to Janie P. Thompson possession of about 375 square feet at the rear of said Harris lot, and took possession of 71 square feet of the front of the lot owned by Janie P. Thompson for State purposes; therefore be it Resolved by the General Assembly of Georgia, That the said exchange of property by the Board of Capitol Commissioners with the said Janie P. Thompson be, and the same is, hereby ratified, sanctioned and confirmed, and the Governor is hereby authorized and empowered to execute to the said Janie P. Thompson, or her assigns, necessary title to that portion of the Harris lot delivered to her in exchange for that portion of her lot taken for State purposes, and to receive from the said Janie P. Thompson title to the property received by the Commissioners from her. Exchange ratified. Governor to execute and receive title. Approved August 31, 1891. INDEXING JOURNALS FOR SESSION OF 1891. No. 50. To authorize J. Troup Taylor to make indexes to the Journals of the Senate and House of Representatives for the session of 1891, and to appropriate money therefor. Resolved by the House of Representatives, with the concurrence of the Senate, That J. Troup Taylor be, and he is, hereby authorized to make indexes for the Journals of the House of Representatives and Senate of the State of Georgia for the session of 1891, and that the Public Printer be, and

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he is, hereby directed to furnish said Taylor advance sheets of said Journals to facilitate the execution of said work; and be it further J. T. Taylor authorized to make indexes. Resolved, That when said Taylor shall furnish the Governor with a certificate of the State Printer showing the completion of said indexes, the Governor shall draw his warrant on the Treasurer for the sum of one hundred and fifty dollars in favor of said J. Troup Taylor to pay for said work. Compensation for. Approved September 16, 1891. COMMISSION TO EXAMINE OBSTRUCTIONS IN SAVANNAH RIVER. No. 51. Whereas, A Resolution was passed by the General Assembly of the State of Georgia, and was approved by the Governor November 13th, 1889, authorizing the Governor to appoint three good, true and competent men, in sixty days from the adoption of said Resolution, who were to examine the obstructions in the Savannah river in the counties named in said Resolution; and Preamble. Whereas, Said Commission was not appointed; and Whereas, The necessities for said examination are great and urgent; therefore be it Resolved by the General Assembly of Georgia, That the provisions of said Resolution be, and the same are, re-enacted, and the time for the appointment of said Commission be, and the same is, extended, and the Governor is authorized and directed to appoint said Commission any time within three months after the passage of this Resolution, who shall at once proceed to make the examination set forth in said original Resolution. Governor to appoint commissioners. Who shall make examination provided for in resolution of Nov. 13, 1889. Approved September 18, 1891.

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MILEAGE FOR SESSION OF 1891. No. 52. Whereas, The present session of the Legislature, adjourned from the regular November session, 1890, was required by the exigencies of the public business; therefore be it Preamble. 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 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. Mileage to be paid members, doorkeepers and messengers Approved September 19, 1891. APPROPRIATION FOR PAINTING OR REPAIRING CAPITOL. No. 53. Whereas, John McIntosh Kell, Keeper of public buildings and grounds, advises that the roofing of the Capitol building is in defective condition and in need of painting or other attention; therefore be it Preamble. Resolved, That the sum of five hundred dollars, or so much thereof as may be necessary, be appropriated for painting or repairing the roofing of the Capitol building. Five hundred dollars appropriated. Approved September 19, 1891.

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COMMITTEE TO ATTEND MEETING OF SAVANNAH RIVER IMPROVEMENT ASSOCIATION. No. 54. Providing for the appointment of a committee, on the part of the General Assembly of Georgia, to attend a meeting of the Savannah River Improvement Association at Augusta, Georgia, November, 1891. Resolved by the General Assembly of Georgia, That the President of the Senate and the Speaker of the House of Representatives be requested, respectively, to appoint a committee of ten from the Senate and twenty from the House to attend a meeting of the Savannah River Improvement Association to be held in the city of Augusta, in this State, on the 19th and 20th of November, 1891, it being understood that said committee shall serve without expense to the State. Joint committee to be appointed. To serve without expense to State. Approved September 19, 1891. PROTECTION OF INTEREST OF STATE IN RIGHT-OF-WAY AND OTHER PROPERTY OF WESTERN AND ATLANTIC RAILROAD. No. 55. Authorizing the Governor to have the interest of the State in the right-of-way and other property of the Western and Atlantic Railroad represented and protected. Whereas, In 1842, Samuel Mitchell executed a deed to the State of Georgia, by which he conveyed to the State, for the use and purposes of the Western and Atlantic Railroad, the right-of-way, comprising a road or track of sufficient space and breadth to answer all the convenient and necessary purposes of said road, as might be designated by the Chief Engineer of said State, over and upon a lot of land

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number 77, in the Fourteenth District, then DeKalb, now Fulton county, and in the same deed he conveyed to said State, for the purposes of said road, a square of land in the city of Atlanta, being a part of said land lot number 77, on which the union passenger depot was located, and bounded by Decatur, Loyd, Pryor and Alabama streets; and Preamble. Whereas, On the 29th day of October, 1870, the heirs of said Mitchell, in a settlement with the State of Georgia, conveyed to said State, by a deed in fee simple, All that tract or parcel of land in the city of Atlanta, State and county aforesaid, bounded as follows: Commencing at a point on Loyd street, seventy-seven feet north of the corner of Alabama street, and running west to a point on Pryor street, one hundred and thirty-two feet north, from the corner of Alabama and Pryor streets; thence along Pryor street twenty-three feet to the new depot; thence north one hundred and ninety-five feet to a point on Pryor street, one hundred and ninety feet from the corner of Decatur and Pryor streets; thence to a point on Loyd street, two hundred and thirty-five feet from the corner of Decatur and Loyd streets; thence along Loyd street two hundred and twenty-eight feet to the beginning point on Loyd street, upon which the union passenger depot is now located; and Whereas, The Chief Engineer designated the right-of-way between said square of land and Forsyth street, in the city of Atlanta, as one hundred feet in width (100), which has been owned and claimed by the State since the execution of said deed, in 1842; and Whereas, Without the consent of the State, other railroad companies have been using said right-of-way and the union passenger depot and the lot on which it is located; and Whereas, Said State of Georgia has leased said railroad with all its appurtenances, including said right-of-way and the union passenger depot and the land on which it is located, and has conferred on said lessee, for the term of the lease, all the right which the State possesses; and Whereas, Litigation has been commenced by said lessee to protect said right-of-way from encroachment by another railroad company, and other litigation may arise over said right-of-way and said union passenger depot and the land on which it is located; be it therefore Resolved by the General Assembly of the State of Georgia, That the Governor of said State be, and he is, hereby requested and authorized to have the interest of the State of Georgia represented by the Attorney-General, in such manner and to such extent as in the judgment of the Governor

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and Attorney-General or his assistant is the duty of the State towards its lessee, and proper for the protection of the property and interest of the State, and the rights of said State protected in the litigation now pending, or which may hereafter be commenced, touching the right-of-way of the Western and Atlantic Railroad Company, and the union passenger depot in Atlanta, and the land on which it is located, and any other interest of the State connected with the Western and Atlantic Railroad. Interest of State to be represented by Attorney-General. In pending litigation as to property in Atlanta, etc. Approved September 25, 1891. INVESTIGATION, ETC., AS TO CERTAIN LANDS OF THE STATE LYING ALONG WESTERN AND ATLANTIC RAILROAD. No. 56. Whereas, There are certain lands lying along the Western and Atlantic Railroad belonging to the State of Georgia, which are not necessary for the use and operation of said Western and Atlantic Railroad, some of which are now being occupied and claimed by private citizens; therefore be it Preamble. Resolved by the House of Representatives, the Senate concurring, That the Governor, W. J. Northen, be, and he is, hereby authorized and directed to thoroughly investigate the same and have all persons now claiming said lands dispossessed, and reduce all such lands to possession of the State, and sell all lands lying along the Western and Atlantic Railroad between Atlanta and Chattanooga, Tennessee, that are not necessary for the use of said railroad, first obtaining the written consent of the present lessee company and advertising the same in a public gazette in the county where said lands may lie for thirty days, and the same to be sold at public outery upon sale day, the proceeds of such sale to be paid into the State treasury, to be used in paying off the bonded debts of the State of Georgia, as the Constitution directs; provided , that in all cases the Governor of the State shall have the right to ratify or reject any or all bids which may be made at any of these public sales. Governor to investigate, dispossess intruders, sell lands, etc. Disposition of proceeds Bids. Approved September 26, 1891.

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COMMISSION AS TO UNIFORMITY OF CERTAIN LAWS WITH THOSE OF OTHER STATES. No. 57. Whereas, The General Assembly of the State of New York has appointed a commission to confer with similar commissions of other States in reference to various subjects upon which uniformity in the laws of all the States is desirable, and has requested the legislature of other States to empower the Governor thereof to appoint such commissions; Preamble. Whereas, In response to said action various other State legislatures have provided for the appointment of such commissions; therefore be it Resolved by the General Assembly of Georgia, That the Governor is hereby authorized and requested to appoint a commissioner, or in his discretion commissioners, not to exceed three in number, to confer and act with the commissioners of other States, appointed for the purpose of suggesting provisions for uniformity of laws among the several States; provided , that the commissioner or commissioners appointed under this resolution shall serve without expense to the State. Commission to be appointed. To serve without expense to State. Approved September 26, 1891. TO FURNISH STANDARD WEIGHTS AND MEASURES TO COUNTIES OF COLQUITT, WORTH AND McDUFFIE. No. 58. Whereas, The counties of Colquitt, Worth and McDuffie have no standard weights and measures, as required by law, for testing scales and measures; and Preamble. Whereas, It is illegal for merchants to collect accounts unless their scales and measures have been tested and stamped; therefore be it

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Resolved, That the Governor is authorized and directed to furnish to the Ordinaries of said counties, for the use of the same, a set of the standard weights and measures, and the sum of one hundred and fifty dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to pay for the same; and the Governor is hereby authorized to draw his warrant on the Treasurer in payment for the same when procured. Appropriation. Approved October 6, 1891. TO REFUND TO W. C. WRIGHT AMOUNT PAID TAX AS LIQUOR DEALER. No. 59. To authorize the Governor to draw his warrant on the Treasurer for the sum of $40.00 for the relief of W. C. Wright. Whereas, W. C. Wright registered as a dealer in spirituous liquors in Cherokee county, Georgia, for the year 1889, and did not use said license and get the benefit of said tax, it having been paid into the State Treasury; therefore Preamble. Be it resolved by the House of Representatives, the Senate concurring, That the Governor of the State be, and he is, hereby authorized to draw his warrant on the State Treasurer for said sum for the benent of W. C. Wright. Amount paid to be refunded. Approved October 6, 1891.

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PROVIDING FOR PAYMENT TO HIS WIDOW OF AMOUNT DUE BARNEY WILLIS, DECEASED CONFEDERATE SOLDIER. No. 60. For the relief of Mrs. Mary Willis, widow of Barney Willis, of Worth county, deceased. Whereas, Barney Willis, a one-armed Confederate soldier, who lived in the county of Worth, died on or about the 1st of February, 1891, about the time payments of pensions began for the present year; and Preamble. Whereas, His right to a pension for the present period accured September 27, 1890, and at the time of his death he was entitled to an allowance of one hundred dollars for the loss of his arm, for the year ending September 26, 1891; and Whereas, Mary Willis, of said county, is the widow of said deceased soldier and heir to his estate; therefore Be it resolved by the General Assembly of the State of Georgia, That the sum of one hundred dollars, the amount due to said Barney Willis at the time of his death, for the year ending September 26, 1891, be, and the same is, hereby appropriated, and the Governor is authorized to draw his warrant on the Treasurer for said sum and deliver it to Mrs. Mary Willis, widow of said soldier. One hundred dollars to be paid widow Approved October 10, 1891. AS TO SECURING APPROPRIATION FOR SAVANNAH HARBOR. No. 61. Whereas, The General Assembly of Georgia did, on the 12th day of August, 1891, in joint session assembled, adopt a preamble and resolutions reciting that it is of vital importance

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to the people, not only of this State, but of the entire South and West, that there should be a deep water port on the south Atlantic coast, through which may pass, over railroads of easy grades, unobstructed by snow and ice, the vast and rapidly growing commerce of this country, much of which is now, on account of an insufficient depth of water, compelled to seek, with long and expensive rail hauls, northern ports; and Preamble. That there is at Savannah, Ga., a port where ships may lie secure from storms, in fresh water; a port which has already a depth of 22.5 feet at mean high water, from the city to the sea; a port where, due to the increased depth of water already obtained by the United States, there is saved annually to the producers and consumers of this section a sum greater than that expended by the United States upon the harbor since the formation of the government; a port whose ocean commerce of 1890 amounted to $153,000,000, a gain of $38,000,000 over the preceding year; a port whose terminal property alone is worth over $10,000,000, and which has now regular lines of steamers plying to the principal northern ports, the second cotton port of the United States, and the first naval stores port of the world; and That the United States has already entered upon the improvement of the harbor, the immediate completion of which is demanded alike by the commerce and navigation seeking it, and by the economy of construction to be gained in vigorous and continued work; and Calling upon the members representing Georgia in both houses of Congress to do all in their power to enact such legislation as would bring about the speedy completion of this great work, which the General Government has already undertaken; therefore Be it resolved by the Senate, the House concurring, That His Excellency, the Governor of Georgia, be, and he is, hereby directed to communicate this action to the Governors of the States of Alabama, Florida, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky, Ohio, Missouri, Indiana, Illinois, Kansas, Nebraska, Iowa and Wisconsin, especially as more directly interested in having a route opened to the Atlantic Ocean through a southern port possessing the advantages of Savannah, and to all the States as a work calculated to benefit the whole country, and ask the Governors of each of said States to lay the matter before their respective Legislatures, with their official indorsement, requesting their respective Legislatures, by resolution, to call upon their Senators and Representatives in Congress to

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aid and support, by their influence and votes, the Senators and Representatives from Georgia in their efforts to secure an adequate appropriation to enable the General Government to at once vigorously prosecute to completion the work undertaken and already begun by them at Savannah, Ga., as demanded by the commerce of the whole country. Aid of other States in securing appropriation requested Resolved further, That the State of Georgia and her citizens will ever hold in appreciative remembrance and recognition any co-operation and assistance rendered by sister States in support of her Representatives in Congress in their work for obtaining an appropriation commensurate with the magnitude of the work and necessity for speedily securing deep water at the port of Savannah, for the general good as well as the especial development of a needed South Atlantic port. Expression of gratitude for assistance by other States. Approved October 10, 1891. PROVIDING FOR PAYMENT TO HIS WIDOW OF AMOUNT DUE J. N. HIGHTOWER, DECEASED CONFEDERATE SOLDIER. No. 62. For the relief of Mrs. S. G. Hightower, widow of John N. Hightower, of Henry county, deceased. Whereas, John N. Hightower, a disabled Confederate soldier, who lived in Henry county, died on or about the 29th day of January, 1891, about the time payment of pensions began for the present year; and Preamble. Whereas, His right to a pension for the present period accrued September 27, 1890, and at the time of his death he was entitled to an allowance of fifty dollars for injury by bodily wounds for the year ending September 26, 1891; and Whereas, Mrs. S. G. Hightower, of said county, is the widow of said deceased soldier and heir to his estate; therefore be it Resolved by the General Assembly of the State of Georgia, That the sum of fifty dollars, the amount due to said John N. Hightower, at the time of his death, for the

Page 568

year ending September 26, 1891, be, and the same is, hereby appropriated and the Governor is authorized to draw his warrant on the Treasurer for said sum and deliver it to Mrs. S. G. Hightower, widow of said soldier. Fifty dollars appropriated for widow Approved October 13, 1891. ASKING RETURN OF CERTAIN ACT FROM SECRETARY OF STATE, ETC. No. 63. For an Act to be returned from the Secretary of the Senate, Etc. Whereas, Senate Bill No. 180, entitled A bill to prohibit the sale of seed cotton in the county of Jefferson, etc., was passed in the Senate August 18, 1891, and also was passed in the House of Representatives September 22, 1891, and in passing the House, it was amended by Mr. Mathews, of Jefferson county, by striking out all the words after the word to in the 12th line, and before the word nor in the 16th line, and substituting the following: Landlords, or tenants who have the written consent of landlords to sell such seed cotton; and Preamble. Whereas, While said amendment was adopted by the House, but from inadvertency was not so entered on the Senate engrossed bill; and Whereas, For said reason was not concurred in by the Senate but duly enrolled and duly signed up by the President and Secretary of the Senate and the Speaker and Clerk of the House, and approved by the Governor, and such amendment was left out; and Whereas, This is manifest error, not intended to exist; therefore be it Resolved by the Senate, the House concurring, That the Secretary of State be requested to return this Act, with this error in it, to the Governor, and the Governor to be also requested to return the same to the Senate, that the error complained of may be duly corrected. Return of Act as to sale of seed cotton in Jefferson county requested that error might be corrected. Approved October 13, 1891.

Page 569

PROVIDING FOR PAYMENT TO HIS WIDOW OF AMOUNT DUE JOS. McCONNELL, DECEASED CONFEDERATE SOLDIER. No. 64. For the relief of Mrs. Julia McConnell, widow of Captain Joe McConnell, late of Gordon county, deceased, a disabled Confederate soldier. Whereas, Under the Act of the General Assembly of Georgia, entitled an Act to amend an Act approved October 24, 1887, entitled and Act to carry into effect the last clause of article 7, section 1, paragraph 1 of the Constitution of 1877 and the amendments thereto, approved December 24, 1888, Captain Joe McConnell was entitled to draw an allowance of one hundred and fifty dollars for the purposes expressed in article 7, section 1, paragraph 1, and the amendment thereto, of the Constitution of 1877, on account of the loss of a leg while engaged in the military service of the Confederate States, occasioned by reason of such service, proof of said loss having been furnished and filed in the Executive Department in accordance with the provisions of sections 2 and 3 of aforesaid Act of 1888; and Preamble. Whereas, Said Joe McConnell died on the 20th day of November, 1889, before drawing said allowance under said Act and proof of loss of limb as aforesaid, and after said allowance was due; therefore Resolved by the House of Representatives, the Senate concurring, That the Governor be, and he is, hereby authorized to draw his warrant on the Treasurer in favor of Julia McConnell, widow and relict of said Captain Joe McConnell, of the county of Gordon, for said unpaid allowance of one hundred and fifty dollars, as aforesaid, if, upon examination, the proofs of the loss of a leg by said Captain Joe McConnell are found of file and in accordance with the provisions of the Act of 1888 aforesaid, and was never paid. Amount appropriated to widow. Approved October 14, 1891.

Page 570

AUTHORIZING ASSISTANT ATTORNEY-GENERAL TO EMPLOY STENOGRAPHER. No. 65. To authorize the Assistant Attorney-General to employ a stenographer, and for other purposes. Whereas, The duties imposed by law on the Attorney-General have in many important particulars been largely increased, and no provision has been made for the additional labor; it is therefore Preamble Resolved by the Senate, the House of Representatives concurring, That the Assistant Attorney-General is hereby authorized to employ a stenographer to perform clerical work in his office, at a cost not to exceed fifty dollars per month. Authorized to employ stenographer Salary Approved October 14, 1891. PROVIDING FOR PAYMENT TO HIS WIDOW OF AMOUNT DUE R. W. BELL, DECEASED CONFEDERATE SOLDIER. No. 66. Whereas, Richard W. Bell, a Confederate soldier residing in Marion county, died March 10, 1891, and was entitled at the time of his death to a pension of fifty and [unk] dollars; therefore be it Preamble. Resolved by the House, the Senate concurring, That the Governor be, and he is, hereby authorized to draw his warrant on the Treasury in favor of Mrs. R. W. Bell, widow of said deceased soldier, for the said sum of fifty and [unk] dollars, the amount of the pension due the said Richard W. Bell for the pension year ending October 26, 1891. Amount appropriated for widow. Approved October 14, 1891.

Page 571

PROVIDING FOR PAYMENT TO HIS WIDOW OF AMOUNT DUE LEDFORD HUMPHRIES, DECEASED CONFEDERATE SOLDIER. No. 67. For the relief of Mrs. Martha M. Humphries, widow of Ledford Humphries, of Fulton county, deceased. Whereas, Ledford Humphries, a disabled Confederate soldier, who lived in Fulton county, died on or about January 11, 1891, near or about the time of payment of pensions begun for the present year; and Preamble. Whereas, His right to a pension for the present period accrued October 26, 1890, and at the time of his death he was entitled to an allowance of one hundred dollars, for injuries, by loss of arm, for the year ending October 26, 1891; and Whereas, Mrs. Martha M. Humphries, of said county, is the widow of said deceased soldier; therefore be it Resolved by the General Assembly of the State of Georgia, That the sum of one hundred dollars, the amount due to said Ledford Humphries at the time of his death for the year ending October 26, 1891, be, and the same is, hereby appropriated, and the Governor is authorized to draw his warrant for said sum and deliver it to Mrs. Martha M. Humphries, widow of said soldier. Appropriation for widow. Approved October 14, 1891.

Page 572

TOUCHING REGULATION OF THROUGH FREIGHT AND PASSENGER RATES. No. 68. Requesting the Senators and Representatives from Georgia in the Congress of the United States to favor legislation strengthening the control and regulation by Interstate Railroad Commission of through freight and passenger rates, and for other purposes. Resolved by the House of Representatives, the Senate concurring, That the Senators and Representatives from this State in the Congress of the United States be, and they are, earnestly requested to aid in securing such legislation as will strengthen the control and regulation by the Interstate Railroad Commission of interstate or through freight and passenger tariffs, and to that end to favor the increase in the number of members of said commission to thereby enable the Interstate Commission to keep constant and efficient communication with the various State Commissions, and thus secure to each and all the States the benefit of competition and the prevention of discrimination and extortion in the matter of railroad rates. Senators and Representatives to aid in strengthening regulation of rates by Interstate Railroad Commission, etc. Approved October 14, 1891. BRINGING UP UNFINISHED BUSINESS OF GENERAL ASSEMBLY. No. 69. Resolved by the House, the Senate concurring, That the President and Secretary of the Senate, the Speaker and Clerk of the House, the Chairman and two members of the Enrolling Committee of the House and Senate, the Chairman

Page 573

and two members of the Auditing Committee of the House and Senate be authorized and directed to remain at the capitol for five (5) days after adjournment to bring up the unfinished business of the General Assembly. Certain officers and members to remain after adjournment to bring up unfinished business. Approved October 15, 1891. TO PAY W. J. HOUSTON FOR SERVICES AS AN EXPERT AS TO BETTERMENTS. No. 70. Whereas, W. J. Houston was employed as an expert in connection with the investigation and trial of the betterments case, and his claim was omitted in the Resolution appropriating money to defray the expenses of said investigation; therefore be it Preamble. Resolved by the House, the Senate concurring, that W. J. Houston be paid the sum of four hundred dollars for services rendered in said investigation, and that the Governor be authorized to draw his warrant for said amount. Four hundred dollars appropriated. Approved October 15, 1891.

Page 574

REQUIRING ATTORNEY-GENERAL TO INVESTIGATE AND REPORT AS TO STATUS OF CERTAIN BONDS. No. 71. Whereas, There is now under consideration of the General Assembly of this State a substitute for House Bills Nos. 626 and 627, involving the payment of certain bonds mentioned and described therein; and Preamble. Whereas, There is some doubt as to the validity of said bonds and the legal obligation of the State to pay the same; Resolved by the House of Representatives, the Senate concurring, That further consideration of the said substitute be postponed, and the Attorney-General is hereby instructed to examine into and report to the next session of the Legislature the facts connected with these claims and his opinion as to the legal obligation of the State to pay the same. Investigation and report to be made. Approved October 19, 1891. PROVIDING FOR PAYMENT TO J. J. YARBROUGH OF REWARD OFFERED FOR BEN. TERRELL. No. 72. Whereas, An Executive order was issued on November 31, 1887, by His Excellency, the Governor, John B. Gordon, offering a reward of $100.00 for the arrest and delivery to the Sheriff of Coweta county, Georgia, of one Ben. Terrell, charged with arson in said county; and Preamble. Whereas, Mr. J. J. Yarbrough, of Opelika, Alabama, did, after great trouble and expense, arrest said Ben. Terrell and delivered him to George H. Carmichal, Sheriff of Coweta county, Georgia; and Whereas, Said reward of $100.00 has never been paid to the said Yarbrough; therefore

Page 575

Resolved by the House of Representatives, the Senate concurring, That the Governor be authorized and instructed to draw his warrant on the contingent fund for the purpose of paying to said J. J. Yarbrough the sum of $100.00 in compliance with the Executive order herein referred to. One hundred dollars to be paid. Approved October 20, 1891. FOR PAYMENT OF CERTAIN EXPENSES GROWING OUT OF WESTERN AND ATLANTIC RAILROAD BETTERMENT CASE, ETC., FOR CHAPLAINS AND FOR BOOKS FOR MAGISTRATES. No. 73. Whereas, In the settlement of the claims growing out of the Western and Atlantic Railroad betterment case certain small bills and accounts against the State were made and contracted by the State Attorneys in sending for and compelling the attendance of certain witnesses before the Commissioners appointed by the State; and Preamble. Witnesses. Whereas, The expenses of these witnesses were not included in the deficiency and appropriation bill; and Whereas, Two other small bills were not included in the deficiency and appropriation bill, to-wit, a bill for $30.00 in favor of W. C. Hammond, stenographer for the Bribery Investigating Committee; also, a bill in favor of W. J. Campbell for a balance due him for printing done for the State in 1889; therefore be it Stenographer. Printing. Resolved by the General Assembly of Georgia, That the several sums of money be, and the same are, hereby appropriated for the purposes and to the persons enumerated in this Resolution, as follows: That the sum of $19.21 be appropriated to pay a balance due W. J. Campbell for printing. Appropriation for printing. That the sum of $24.75 be appropriated to pay Dr. E. A. Flewellen, a witness in the Western and Atlantic Railroad case. For witnesses. That the sum of $5.00 be appropriated to pay York Mabry, a witness in the Western and Atlantic Railroad case.

Page 576

That the sum of $10.00 be appropriated to pay G. W. Harrison, a witness in the Western and Atlantic Railroad case. That the sum of $15.42 be appropriated to pay A. E. Eubanks, a witness in the Western and Atlantic Railroad case. That the sum of $15.00 be appropriated to pay R. K. Ford, a witness in the Western and Atlantic Railroad case. That the sum of $14.00 be appropriated to pay T. M. Peeples, a witness in the Western and Atlantic Railroad case. That the sum of $25.00 be appropriated to pay Hunter McDonald, a witness in the Western Atlantic Railroad case. That the sum of $30.00 be appropriated to pay W. C. Hammond, stenographer of the Bribery Investigating Committee. For stenographer. That the sum of $20.00 be appropriated to pay E. P. Willis as witness in investigating charges against members of the Legislature. Witness in investigating charges against legislature. Whereas, The adjourned session of the General Assembly has been extended longer than was anticipated, and the appropriations made at the regular session to pay the chaplains of the Senate and House of Representatives has been inadequate to meet their ordinary expenses; be it therefore Chaplains. Resolved by the Senate, and House of Representatives concurring, That the sum of fifty dollars additional be, and is, hereby appropriated to each of the chaplains of the Senate and House of Representatives; and Whereas, A large number of new militia districts have been made in this State, and no provision made for supplying the judicial officers at such districts with form books; and Books for magistrates. Whereas, There are a number of such officers in this State who have never been supplied with such books; therefore be it further Resolved, That the sum of two hundred and fifty dollars be, and is, hereby appropriated to buy one hundred form books for the purposes above mentioned, said sum to be paid out on the warrant of the Governor. Approved October 21, 1891.

Page 577

REQUIRING ATTORNEY-GENERAL TO INSTITUTE SUITS AGAINST TRESPASSERS ON PUBLIC LANDS, ETC. No. 74. Whereas, By an Act of the General Assembly of the State of Georgia, approved August 26, 1872, it was made the duty of the Secretary of State to furnish each Ordinary of the State with a list of all the ungranted or reverted lots of land lying in their respective counties, which said lots, so listed, said Act directs shall be sold by the Ordinary of the county in which such lot or lots lie, and the money realized therefrom be set apart to be appropriated by the Legislature to the cause of education; and Preamble Whereas, By a resolution of the General Assembly, approved December 24, 1890, the Governor was directed to require said Ordinaries to enforce said Act and sell certain lots in said resolution named and numbered; and Whereas, It is reported that a considerable number of the lots referred to in said last mentioned resolutions has been trespassed upon by divers persons, and much of the valuable timber thereon cut and carried away without authority of law, thereby greatly depreciating the value of said lots; therefore, Be it resolved by the General Assembly of Georgia, That the Attorney-General be required, through the information to be furnished to him by the several Ordinaries of the counties in which either or any of the lots of land mentioned may lie, to investigate the status of the lots mentioned in said resolution of 1890, and if any of said lots have been trespassed upon or damaged by the cutting, boxing or removal of the timber thereon, he be authorized and directed, either in person or through the Solicitor-General of the circuit where such lot or lots of land lie, to institute suit or suits against such person or persons as have without authority of law entered upon said lot or lots and cut, boxed or bored off the timber thereon, such suit or suits to be prosecuted in the name of the State; and the sums of money realized from any judgment thus obtained, after deducting therefrom all legal expenses properly chargeable to the State, to be deposited with the Treasurer of the State, and to be appropriated by the Legislature to the cause of education in

Page 578

the State; provided , that nothing contained in this resolution shall be so construed as to require the Attorney-General to institute, or cause to be instituted, suits for the recovery of damages aforesaid when, in the judgment of said Attorney-General, the damage is too slight to authorize such proceedings. Investigation to be made and suits instituted. Disposition of proceeds Suit not required where damage too slight to authorize it Be it further resolved, That all sales of the lots mentioned in said resolution of 1890 shall only operate to convey the title out of the State to the purchaser at such sales, and shall not affect the rights of the State to institute proceedings under this resolution to recover damages for such trespasses on said lots as have been committed prior to such sale. Effect of sales under Resolution of Dec. 24, 1890. Approved October 21, 1891.

Page 579

TREASURER'S REPORT.

Page 580

Statement Showing the Receipts and Disbursements at the Treasury of Georgia for Report Year Ending September 30 th , 1891. To balance in Treasury October 1st, 1890, as per report made Sept. 30th, 1890 $2,278,092 15 Disbursements on Account Academy Blind, 1890 4,000 00 To Receipts from tax on Artist for 1889 9 00 Disbursements on Account Academy Blind, 1891 12,000 00 To Receipts from tax Artist for 1890 444 75 Disbursements Account Agricultural Department, 1890 2,500 00 To Receipts from tax Artist for 1891 1,030 48 Disbursements Account Agricultural Department, 1891 7,500 00 To Receipts from tax Auctioneers for 1890 337 50 Disbursements Account Contingent Fund, 1890 2,000 00 To Receipts from tax Auctioneers for 1891 1,105 50 Disbursements Account Contingent Fund, 1891 19,359 74 To Receipts from tax Billiard Tables for 1890 1,215 00 Disbursements Account Contingent Fund, Supreme Court, 1890 [Illegible Text] 50 To Receipts from tax Billiard Tables for 1891 6,751 00 Disbursements Account Contingent Fund, Supreme Court, 1891 802 11 To Receipts from tax Cold Storage for 1891 2,438 34 Disbursements Account Contingent Fund, Railroad Commissioners, 1890 125 00 To Receipts from Cost on tax fi. fas. 1 00 Disbursements Account Contingent Fund, Railroad Commissioners, 1891 600 00 To Receipts from Cost of Clerk Supreme Court for 1890 270 00 Disbursements Account Civil Establishment, 1890 [Illegible Text] 38 To Receipts from Dividends on Sundry Stocks 2,596 00 Disbursements Account Civil Establishment, 1891 [Illegible Text] [Illegible Text] To Receipts from Direct Tax Refunded by U. S. Government 83,031 03 Disbursements Account Cost Clerk Supreme Court, 1891 351 25 To Receipts from General Tax for 1888 777 47 Disbursements Account Deaf and Dumb Institute, 1890 4,250 00 To Receipts from General Tax for 1889 9,027 91 Disbursements Account Deaf Dumb Institute, 1891 12,750 00 To Receipts from General Tax for 1890 1,427,147 65 Disbursements Account Experimental Station, 1891 5,747 38 To Receipts from Georgia Railroad and Banking Company (claim due State) 3,582 88 Disbursements Account Geological Department 7,434 [Illegible Text] To Receipts from Hire of Convicts 25,000 00 Disbursements Account Insurance Public Buildings, 1890 3,894 [Illegible Text] To Receipts from Inspectors of Fertilizers (fees) 21,059 61 Disbursements Account Insurance Public Buildings, 1891 519 [Illegible Text] To Receipts from Insurance Fees for 1890 472 00 Disbursements Account Lunatic Asylum, 1890 15,000 00 To Receipts from Insurance Fees for 1891 8,788 20 Disbursements Account Lunatic Asylum, 1891 [Illegible Text] 97 To Receipts from Tax on Insurance Agents for 1890 290 00 Disbursements Account Library (books purchased) 4,086 42 To Receipts from Tax Insurance Agents for 1891 6,200 00 Disbursements Account Land Scrip Fund, 1891 6,314 [Illegible Text] To Receipts from Tax Insurance Companies for 1890 85 29 Disbursements Account Legislative Pay Roll, 1890 [Illegible Text] 37 To Receipts from Tax Insurance Companies for 1891 42,706 41 Disbursements Account Military Fund, 1890 185 07 To Receipts from Insolvent General Tax 1,334 71 Disbursements Account Military Fund, 1891 24,678 50 To Receipts from Interest on Tax fi. fas. 31 78 Disbursements Account Maimed Soldiers, 1890 [Illegible Text] 00 To Receipts from Indian Springs Lease 110 00 Disbursements Account Maimed Soldiers, 1891 [Illegible Text] 00 To Receipts from Tax on Liquor Dealers for 1889 47 00 Disbursements Account Over payment Taxes 8,997 33 To Receipts from Tax Liquor Dealers for 1890 [Illegible Text] 50 Disbursements Account Over Inspector's Fees 123 30 To Receipts from Tax Liquor Dealers for 1891 67,097 01 Disbursements Account Over by Georgia Railroad 895 72 To Receipts from Lease of Oyster Lands 1,000 00 Disbursements Account Penitentiary Fund (general account) 2,008 09 To Receipts from Money Refunded 54 00 Disbursements Account Penitentiary Fund (special account), 1890 297 27 To Receipts from Oil Inspectors' Fees for 1891 2,569 45 Disbursements Account Penitentiary Fund (special account), 1891 604 77 Office Fees for 1891 1,740 32 Disbursements Account Public Debt (principal) 2,076,025 00 To Receipts from Penalties against Tax-Collectors 38 00 Disbursements Account Public Debt (interest) [Illegible Text] 00 To Receipts from Penalties against Corporations 238 70 Disbursements Account Public Building Fund, 1890 3,491 [Illegible Text] To Receipts from Railroads (taxes) for 1890 30,273 92 Disbursements Account Public Building Fund, 1891 [Illegible Text] 50 To Receipts from Railroads (taxes) for 1891 20,221 72 Disbursements Account Printing Fund, 1891 [Illegible Text] 29 To Receipts from Rent of Western and Atlantic Railroad 391,299 46 Disbursements Account Printing Fund, Railroad Commissioners [Illegible Text] 05 To Receipts from Rent of Public Property 176 02 Disbursements Account Salary Inspectors 6,632 72 To Receipts from Show Tax 3,013 50 Disbursements Account Salary Chemist 2,999 99 To Receipts from Show Tax 445 50 Disbursements Account School Fund, 1890 [Illegible Text] 05 To Receipts from Sale of Supreme Court Reports, 1890 700 18 Disbursements Account School Fund, 1891 3,053 05 To Receipts from Sale Supreme Court Reports, 1891 2,528 46 Disbursements Account School Fund, 1892 [Illegible Text] 40 To Receipts from Sale Old Journals 29 11 Disbursements Account Supreme Court Reports 9,000 00 To Receipts from Sale Laws 235 85 Disbursements Account Solicitors-General [Illegible Text] 00 To Receipts from Sale Public Property 61,552 76 Disbursements Account Special Appropriations 126,504 58 To Receipts from Tax on Sewing Machine Agents, 1890 145 00 Disbursements Account Trustees University, 1891 624 98 To Receipts from Tax Sewing Machine Agents, 1891 1,390 00 Disbursements Account Trustees Lunatic Asylum, 1891 1,884 30 To Receipts from Tax Sewing Machine Companies, 1891 2,000 50 Disbursements Account University of Georgia, 1891 8,000 00 To Receipts from Tax Dealers in Pistols 944 80 Disbursements Account University for Colored People, 1891 6,570 35 $3,840,778 61 To Receipts from Tax Dealers Pistols 5,490 00 To Receipts from Tax Special Nostrums 22 50 By Balance in Treasury, September 30th, 1891 730,939 96 To Receipts from Tax Special Nostrums 576 80 To Receipts from Tax Special Nostrums 632 00 To Receipts from Tax Dealers Lightning Rods 22 50 To Receipts from Tax Dealers Lightning 247 50 To Receipts from Tax Dealers Lightning 422 50 To Receipts from Tax Games, etc. 796 50 To Receipts from Tax Games, etc. 436 50 To Receipts from Tax Clock Peddlers 336 89 To Receipts from Tax Clock Peddlers 450 00 To Receipts from Tax Express Companies 1,494 35 To Receipts from Tax Express Companies 1,401 87 To Receipts from Tax Telegraph 1,837 92 To Receipts from Tax Telegraph 1,419 02 To Receipts from Tax Telephone 1,464 50 To Receipts from Tax Telephone 1,592 75 To Receipts from Tax Sleeping Car Companies 178 41 To Receipts from Tax Special Agencies 405 00 To Receipts from Tax Dealers in Futures 2,700 00 To Receipts from Tax Pawnbrokers 340 00 To Receipts from Tax Brewing Companies 1,620 00 To Receipts from Tax Specialist 157 50 To Receipts from Tax Wild Lands 53 40 To Receipts from Tax Wild Land Sales (surplus) 15 17 To Receipts from Tax U. S. Government (Trezevant claim) 26,666 57 $2,293,626 42 $4,571,718 57 $4,571 718 57

Page 583

INDEX TO PUBLIC LAWS (For Index to Railroad Companies, Steamboat, Canal and Navigation Companies, etc., and Insurance and Guaranty Companies, see Index to Part II.) A ADMINISTRATORS, COUNTY Ex officio County Guardians, 102 ARBOR DAY Set apart, 219 ASSESSMENT INSURANCE COMPANIES Process against, 75 ATTACHMENT Lien of, 74 Lien of, on realty as to third parties, 208 ATTORNEYS' FEES Contract to pay void, 221 APPROPRIATIONS For support of Government and State institutions, 10 For deficiencies, 18 For common schools, 20 For Contingent Fund, 21 For Technological School, 22 For Examiners of Western and Atlantic Railroad, 22 For Capitol grounds, 23 For Appraisers of Western and Atlantic Railroad, 23 For Western and Atlantic Railroad Commission, 25 For Deaf and Dumb Institute, 24 For county maps, 25 For State Chemist, 26 For renovating portraits, 27 For Mrs. Elizabeth Branch, 28 For Clifford Anderson, 28

Page 584

For S. R. Murphy, 29 For maimed and disabled soldiers, 17 For widows of Confederate soldiers, 17 For volunteers, 16 B BANKS Examined and regulation of, 171 How incorporated, franchises and liabilities, 172 Charters for, how granted, 57 BAKER SUPERIOR COURT Terms of, 90 BALDWIN SUPERIOR COURT Terms of, 93 BAILIFFS For Solicitors-General, 223 BONDS To replevy, on illegalities to mortgage executions, 81 Sinking Fund for payment of, 29 Sinking Fund for payment of, 31 To pay debt maturing in 1892, 32 BOOKS OF ACCOUNT How admitted in evidence, 77 BUILDING AND LOAN ASSOCIATIONS Interstate regulations, 176 BUILDERS Liability of, to laborers and material men, 233 BURKE SUPERIOR COURT Terms of, 91 Terms of, 92 BRUNSWICK State Depository,

Page 585

C CERTIORARI From County Court in criminal cases, 62 CHEMIST, STATE Appropriation for, 26 Assistants and apparatus for, 238 CHARTERS Granted by Superior Courts, record of, 227 Granted by Superior Courts, confirmed, 189 CHATTOOGA SUPERIOR COURT Terms of, 91 COCK FIGHTING Prohibited, 225 CONDUCTORS, ETC. Police powers of, 230 CODE AMENDMENTS Certiorari in criminal cases (Sec. 301), 62 Constables of rural districts, bonds of (Sec. 473), 62 Indigent soldiers may peddle (Sec. 534), 63 New roads (Sec. 616d), 63 Road work, tools for (Sec. 620), 64 Railroad Commission, rules of (Sec. 719i), 65 Mayors, jurisdiction of as Magistrates (Sec. 792), 66 Tax-Receivers, statistics not required (Sec. 920), 66 State Depositories in Waycross and Brunswick (Sec. 943a), 67 Regiments, chartered privileges of (Sec. 1103i), 67 Aids-de-camp of the Governor (Sec. 1103j), 68 Fences, boundary lines, lawful (Sec. 1449), 69 Petitions for charters, recorded (Sec. 1676), 70 Railroad crossing another railroad (Sec. 1689i), 71 Landlord's lien on crops (Sec. 1978), 72 Corporate stock, how levied on and sold (Sec. 2826), 73 Superior Court, special and adjourned terms (Sec. 3245), 74 Attachments, lien of (Sec. 3331), 74 Process against non-resident societies et al. (Sec. 3409), 75 Executions, amendment of (Sec. 3495), 76 County Treasurers, compensation of (Sec. 3703), 76

Page 586

Books of account as evidence (Sec. 3777), 77 Party as witness, examined and impeached (Sec. 3869), 78 County officers, books, etc., how examined (Sec. 3921), 79 Jurors of City Courts, compensation of (Sec. 3940), 80 Bonds to replevy on illegalities to mortgage executions (Sec. 3976), 81 Judgments reviewable in Supreme Court (Sec. 4250), 82 Opprobrious words or obscene language (Sec. 4372), 83 Robbery, penalty for (Sec. 4391), 83 Lareeny of valuable papers, penalty for (Sec. 4406), 84 Lareeny from vessel, penalty for (Sec. 4408), 85 Fish, obstructing passage, penalty for (Sec. 4625a), 85 Expenses of trials of penitentiary convicts (Sec. 4812), 86 CONGRESSIONAL DISTRICTS Laid out, 193 CONSTITUTIONAL AMENDMENTS Legislature, annual sessions of, 55 Legislature, length of sessions, 50 Local bills and charters, how read, 57 Charters for banks, etc., how granted, 59 CONVICTS Chain-gang, whipping bosses for, 211 Misdemeanor, hire of, 212 White and colored, how confined and chained, 213 Penitentiary, expense of trying, 86 CORPORATIONS Charters granted by Superior Courts confirmed, 189 Discharged employees, rights of, 183 Discharged employees, rights of, 188 Petitions for charters, recorded, 70 Stock of, how levied and sold, 73 CONSTABLES Of rural districts, bonds of, 62 COUNTY OFFICERS County administrators ex-officio county guardians, 102 County Commissioners, how elected, 103 Fees of in divorce suits, 100

Page 587

Tax-Collectors ex-officio Sheriffs, 101 Tax-Collectors, bonds and settlements of, 105 Treasurers, Tax-Collectors and Receivers, bonds of, 104 Treasurers, compensation of, 76 Books of, how examined, 79 Contested election of, 209 COUNTY OFFICES One person cannot hold two, 102 COTTON SEED MEAL Inspection and analysis, 222 COURT-HOUSES For Militia Districts, 235 COURTS, CITY For counties, how established, 96 COURTS, COUNTY Abolished, records of, 97 Solicitors for, 98 COURTS, JUSTICE Trial terms of, 111 COURTS, SUPERIOR Of Baker county, terms of, 90 Of Baldwin county, terms of, 93 Of Burke county, terms of, 91 Of Burke county, terms of, 92 Of Chattooga county, terms of, 91 Of Dodge county, terms of, 92 Of Douglas county, terms of, 94 Of Echols county, terms of, 95 Of Floyd county, terms of, 91 Of Greene county, terms of, 95 Of Haralson county, terms of, 89 Of Irwin county, terms of, 99 Of Morgan county, terms of, 93 Of Paulding county, terms of, 89 Of Polk county, terms of, 89 Of Walker county, terms of, 91 Special and adjourned, terms of, 74

Page 588

COURT, SUPREME Criminal cases, how heard in, 108 Sheriff of, compensation, 220 CRIMINAL LAW Larceny of valuable papers, penalty for, 84 Larceny from vessel, penalty, 85 Obstructing passage of fish, 85 Opprobrious words and obscene language, 83 Robbery, penalty for, 83 D DEAF AND DUMB INSTITUTE Appropriation for, 24 DEPOSITORY, STATE In Waycross and Brunswick, 67 DETECTIVES Appointment of, 220 DODGE SUPERIOR COURT Terms of, 92 DOUGLAS SUPERIOR COURT Terms of, 94 DOUGLAS COUNTY Transferred from Stone Mountain Circuit to Tallapoosa, 94 DIRECT TAX Refunded by United States, disposition of, 239 DIVORCE Applicants for must be residents, 235 Fees of officers in suits for, 100 E ECHOLS SUPERIOR COURT Terms of, 95 EDUCATION Common schools, teachers, how examined, etc., 119 Common schools, teachers, institute, 120 Common schools, Commissioner's report, 120

Page 589

Common schools, appropriation for, 20 Common schools, tax for, 46 Common schools, local tax for, 124 Normal school established, 126 Normal and Industrial College, Board of Visitors, 123 School for colored students added to State University, 114 School of Technology, trustees of, 118 School of Technology, appropriation for, 22 ELECTIONS County officers, contests, 209 Justices of the Peace and Constables, contests, 209 Primary, how held, 210 ENGINEERS OF STATIONARY ENGINES Exempt from jury duty, 219 EVIDENCE Of agent, attorney or surviving party, 107 Of party, plaintiff or defendant, 78 Books of account, how admitted in, 77 Record of municipalities as 109 If vulgar, trial how conducted 111 EXECUTIONS Amendment of, 76 EXPRESS COMPANIES Subject to Railroad Commission, 151 F FANNIN COUNTY Lines of, 240 FENCES Boundary lines, lawful, 69 FERTILIZERS Inspectors of, 141 Inspection, sale and analysis of, 143 Sale and analysis of, 142 FLOUR AND MEAL Sale of regulated, 236

Page 590

FLOYD SUPERIOR COURT Terms of, 91 G GAME Protection of, 218 GARNISHMENT Municipal taxes, collectible by, 54 GENERAL ASSEMBLY Apportionment of Representatives, 192 Annual sessions, 55 Length of sessions, 50 GREENE SUPERIOR COURT Terms of, 95 GUARDIANS Sales, etc., by, 229 H HARALSON SUPERIOR COURT Terms of, 89 I ILLEGALITY To mortgage execution, bond, 81 INJUNCTIONS Against cutting timber for saw mills and railroads, 109 INSANE PERSONS Correspondence of, 237 INSPECTORS OF OILS Fees of, 141 INSURANCE Adjusters and inspectors of, 205 Combines to prevent competition, 206 INTEREST On municipal tax fi. fas. 50 IRWIN SUPERIOR COURT Terms of, 99

Page 591

J JUDGES OF SUPERIOR COURTS Charge of, 237 JUDGMENTS Lien of on realty of non-residents 207 What are reviewable by Supreme Court. 82 JUDICIAL CIRCUITS Tallapoosa Circuit created, 89 Douglas county transferred from Stone Mountain to Tallapoosa, 94 Laurens county transferred from Oconee to Ocmulgee, 88 Rockdale county transferred from Flint to Stone Mountain, 95 JURORS Of City Court, compensation of, 80 Appearing, but not sworn, to be paid, 226 JUSTICES OF THE PEACE AND CONSTABLES Contested elections of, 209 L LABOR DAY Set apart, 232 LANDLORD'S LIEN On crops for supplies, 72 LAURENS COUNTY Transferred from Oconee Circuit to Ocomulgee, 88 LEGAL NOTICES How published, 241 LEGISLATURE Annual sessions, 55 Length of sessions, 50 Charter, how read in, 57 Apportionment of members 192 LIFE-BOATS By sea-coast hotels, 228

Page 592

LIQUORS Sale of regulated, 128 Sale of at places of divine worship, 129 Sale of near schools and churches, 132 Sale of near schools and churches, 133 Sale of adulterated domestic wines, 130 License to sell, how forfeited, 131 LIQUOR DEALERS Tax on, 47 Tax on, 48 LOCAL OPTION As to sale of liquor. 131 LUNATIC ASYLUM Physician of, 232 Correspondence of patients of, 237 M MAYORS Jurisdiction of as magistrates, 66 MILITARY Aids-de-camp of Governor, 68 Cavalry, 1st regiment changed to 5th, 194 Chartered privileges of regiments, 67 Chickamauga and Chattanooga National park, jurisdiction over land ceded to United States, 199 Volunteers, Second regiment, 194 Volunteers, Fourth regiment, 196 Volunteers, Ninth regiment, 195 Volunteers, Ninth regiment changed to Third, 198 Volunteers, permanent camp for, 198 Volunteers, retirement of officers, 199 MORGAN SUPERIOR COURT Terms of, 93 MOUNTAIN TROUT Protection of, 213

Page 593

O OILS Inspection of, 138 Fees of Inspectors, 141 OYSTERS Protection of, 214 P PAULDING SUPERIOR COURT Terms of, 89 PAVEMENTS Renewed or repaired, assessment for, 229 PEACE OFFICERS Appointment of, 220 PENSIONS For widows of Confederate soldiers, 202 Of deceased Confederate soldiers, payment of, 203 Exempt from legal process, 203 Rolls, examination of by grand juries, 204 PHARMACY Licenses by State Board, restricted, 234 POLK SUPERIOR COURT Terms of, 89 PUBLIC BUILDINGS Jurisdiction over lands of, ceded to United States, 201 PROCESS Against non-resident societies, etc., 75 R RAILROADS Charters of amendable, 154 Incorporation and powers of, 159 Subject to municipal taxation, 152 Employees of, runs of, 185 Employees of, runs of, 186 Discharged employees of, rights of, 183

Page 594

Discharged employees of, rights of, 188 Telegraph operators of, 182 Must receive and ship live stock 167 Must sell through tickets, 155 Must trace freights, 156 Must furnish separate cars for white and colored, 157 Crossing another railroad, 71 RAILROAD COMMISSION Rules of, 65 To investigate through freight rates, 147 To provide for depots, 148 To fix charges for storage, 149 To inspect railroads, 150 To control express and telegraph companies, 151 RAILROADS, STREET Cars of apportioned to white and colored, 158 Charters of, confirmed, 168 How sold or leased, 170 Discharged employees, rights of, 183 Discharged employees, rights of, 188 ROADS Registration, lines, etc., of, 134 General road law, 135 New, how constructed, 63 Tools for working, 64 ROCKDALE COUNTY Transferred from Flint Circuit to Stone Mountain Circuit, 95 S SAVANNAH VOLUNTEER GUARDS Jurisdiction over land of, ceded when sold to United States, 201 SERVICE By publication, 110 SOLDIERS Appropriation for maimed and disabled, 17 Appropriation for widows of, 17 Appropriation for volunteers, 16 Indigent may peddle, 63

Page 595

SPEED CONTESTS Names of animals, 224 SUPREME COURT Criminal cases, how heard in, 108 Sheriff of, compensation, 220 T TALLAPOOSA CIRCUIT Created, 89 TAX For support of Government, 35 For educational purposes, 46 On liquor dealers, 47 On liquor dealers, 48 On peddlers, 50 Board to equalize, 54 Rate, 46 Of municipalities, collectible by garnishment, 50 Fi. fa. for municipal, bear interest, 50 TAX-ASSESSORS Of municipalities, 231 TAX-COLLECTORS Ex officio Sheriffs, 101 Bonds and settlements of, 105 TAX-RECEIVERS Statistics not required, 66 TREASURERS, TAX-COLLECTORS AND RECEIVERS Bonds of, 104 TELEGRAPH COMPANIES Under Control of Railroad Commission, 151 Discharged employees of, rights of, 183 Discharged employees of, rights of, 188 TELEGRAPH OPERATORS For railroads, 182 TURN-PIKE ROADS Grades of, 224

Page 596

W WALKER SUPERIOR COURT Terms of, 91 WATER-COURSES Protection of, 242 WAYCROSS State depository, 67 WILLS Foreign, probate of, 112 WITNESSES Agent, attorney or surviving partner, 107 Party, plaintiff or defendant, 78 Y YEAR'S SUPPORT Subject to purchase money for land, 227

Page 597

PART II.Corporations. RAILROAD, STEAMBOAT, CANAL AND NAVIGATION COMPANIES, ETC., AND INSURANCE AND GUARANTY COMPANIES. RAILROAD COMPANIES Abbeville and Waycross Railroad Company, charter amended 280 Abbeville and Waycross Railroad Company, charter amended 372 Alabama Eastern Railroad Company incorporated, 317 Albany and Bainbridge Railroad Company, charter amended 413 Alcovy and Northern Railroad Company incorporated, 343 Americus Transit Company incorporated, 383 Athens and Cornelia Railroad Company incorporated, 281 Athens Railway Company, charter amended, 306 Atlanta, Americus and Florida Railway Company incorporated 364 Atlanta and Alabama Railway Company, charter amended, 353 Atlanta and Birmingham Railroad Company incorporated, 286 Atlanta and Edgewood Street Railroad Company, charter amended, 340 Atlanta and Manchester Railroad Company incorporated, 429 Atlanta, Hapeville and Manchester Railroad Company incorporated, 356 Atlanta, Southern and Western Railroad Company incorporated 359 Atlanta Street Railroad Company, charter renewed, 283 Atlanta, West End West View Street [Illegible Text] Co. incorporated 297 Atlantic and Northwestern Roilroad Company incorporated 295 Atlantic and Northwestern Railroad Company incorporated 455 Boston and Albany Railroad Company incorporated, 441 Brunswick, LaGrange Northwestern R. R. Co. incorporated 391 Brunswick and Northwestern Railway Company incorporated 320 Brunswick and St. Simon's Railway Company incorporated, 267 Capital Railway Company incorporated, 272 Carrollton and Roanoke Railroad Company incorporated, 437 Carrollton Street Railway Company, charter amended, 335 Carrollton Street Railway Company, charter amended, 394 Cartersville Gainesville Air-Line R. R. Co., charter amended 354 Cartersville Gainesville Air-Line R. R. Co., charter amended 426 Cedartown Street Railroad Company incorporated, 275 Chalybeate Springs Railroad Company incorporated, 417

Page 598

Chattanooga and Gulf Railroad Company, charter amended, 363 Cincinnati, Georgia Florida Railroad Co., charter amended, 333 Cincinnati, Georgia Florida Railroad Co., charter amended, 352 City and Suburban Railway of Savannah, charter amended, 331 Coast Line Railroad Company, charter amended, 332 Covington and Ocmulgee Railroad Company incorporated, 428 Dalton, Spring Place and Eastern Railroad Co. incorporated, 329 East and West Railway Company, incorporated, 422 East Tennessee, Virginia and Georgia Railway Company, authorized to build certain side track, 332 Eatonton and Machen Railroad Company, charter amended, 250 Electric Railway Company of Savannah incorporated, 248 Ellijay Street Railroad Company, charter amended, 310 Etna Railroad Company incorporated, 303 Fairmount Valley Railroad Company, charter amended, 373 Gainesville and Hall county Street Railroad Company relieved from penalty for failure to pay taxes, 278 Gate City Street Railroad Company, charter amended, 284 Georgia, Carolina and Northern Railway Company, charter amended, 356 Georgia Mineral Railroad Company incorporated, 378 Georgia, Southern and Florida Railroad Company, authorized to close and occupy certain alley in Macon, 446 Georgia, Virginia and Baltimore Railroad Co. incorporated, 367 Griffin Street Railroad Company, charter amended, 324 Indian Springs and Flovilla Railroad, extension upon State reserve authorized, 347 Indian Springs Railroad Company, name changed, 399 Jackson Street Railway Company incorporated, 300 Jesup and Waynesville Railroad Company incorporated, 443 Lexington Terminal Railway Company relieved from penalty for failure to pay taxes, 266 Louisville Branch Railroad Company, charter amended, 341 Louisville Branch Railroad Co., increase of stock authorized, 342 Louisville Branch Railroad Company, charter amended, 382 Macon and Atlantic Railway Company, charter extended, 253 Macon and Indian Springs Railway Company incorporated, 325 Madison and Eatonton Dummy Line Company incorporated, 410 Manchester and Augusta Railroad Company authorized to construct railroad into Georgia, 271 McRae, Ocilla and Southwestern Railroad Co. incorporated, 395

Page 599

Metropolitan Street Railroad Company, charter amended, 279 Metropolitan Street Railway Co. of Macon, charter amended, 302 Middle Georgia and Atlantic Railway Co., charter amended, 370 Millen and Southern Railway Company incorporated, 307 Mobile and Girard Railroad Company authorized to construct, etc., certain track, 254 Nacoochee Valley Railroad Company, charter amended, 371 North Augusta Railroad Company incorporated, 336 North Georgia Railway Company incorporated, 255 North Highlands Railroad Company incorporated, 259 North Macon Street Railroad Company incorporated, 424 Quitman Street Railway Company incorporated, 451 Richland, Gulf and Northen Railroad Company incorporated, 274 Rome Street Railroad Company relieved from penalty for failure to pay taxes, 247 Savannah, Americus and Montgomery Railway Company, increase of stock authorized, 253 Savannah and Isle of Hope Railway Company, charter amended, 269 Savannah and Oconee Railroad Company incorporated, 374 Savannah and Western Railroad Company authorized to construct, etc., certain track in Columbus, 251 Savannah Street and Rural Resort Railroad Company, charter amended, 406 Seaboard and Augusta Railroad Company incorporated, 339 Smithville and Hawkinsville Railroad Company incorporated, 386 Soque and Tallulah Railroad Company incorporated, 402 South Atlantic Railroad Company incorporated, 348 Southern Air-Line Railroad Company incorporated, 453 Southern National Railroad Company incorporated, 314 Southern Street Railroad Company incorporated, 407 Suburban and West End Railway Company incorporated, 292 Talbotton and Western Railroad Company, charter amended, 334 Tallapoosa Street Railway Company incorporated, 344 Thomson and Lincolnton Railroad Company incorporated, 388 Tifton and Northeastern Railroad Company incorporated, 447 Tobacco Belt and Florida Railroad Company incorporated, 432 Transvale Railway Company incorporated, 435 Vernon Park Railway Company incorporated, 311 Washington and Elberton Railway Company, charter amended, 353 Washington and Middleton Railroad Company incorporated, 399 Waycross Air-Line Railroad Company, charter amended, 416

Page 600

Wayne Southern Railroad Company incorporated, 414 West Atlanta Street Railroad Company, charter amended, 323 West End and Atlanta Railroad Company, charter amended, 285 Western and Atlantic Railroad Company, charter extended, 280 STEAMBOAT, CANAL AND NAVIGATION COMPANIES, ETC. Brunswick and Altamaha Canal Company incorporated, 473 Fuel and Gas-Lighting Company of Atlanta, 462 Louisa Steamboat Company, 468 Ludale Transportation Company, 465 Propeller Tow-Boat Company of Savannah, increase of stock authorized, 463 Propeller Tow-Boat Company of Savannah, error in title of Act incorporating corrected, 463 Savannah Dredging Company, increase of stock authorized, 464 Savannah Lighterage and Transfer Company, increase of stock authorized, 464 South Atlantic Trade and Navigation Company incorporated, 459 Suwanee Canal Company, charter amended, 472 INSURANCE AND GUARANTY COMPANIES Atlanta Accident Association incorporated, 483 Empire Mutual Accident Association of Atlanta incorporated, 481 Fidelity Life and Accident Insurance Company incorporated, 478 Grand Lodge of the Independent Order of Good Samaritans and Daughters of Samaria of Georgia incorporated, 504 International Railway Employees' Accident Association incorporated, 498 National Guaranty Company incorporated, 501 Southeastern Mutual Accident Association of Athens, Ga., incorporated, 490 Southern Accident Insurance Company of Augusta, Ga., incorporated, 487 Southern Fire Insurance Company of the State of Georgia incorporated, 494 Southern Industrial Aid Society incorporated, 499 Southern Mutual Accident Association of Macon, Ga., incorporated, 492 Stephens Industrial Society incorporated, 505 United States Accident Insurance Company of Atlanta, Ga., incorporated, 485

Page 601

Part III.Private Laws. BOSTON Captain J. W., and bondsmen, relief of, 518 FLEMING Captain J. L., deceased, sureties on bond of relieved, 517 HANCOCK FAIR ASSOCIATION Given police authority over association grounds, etc., 515 JOHNSON P. R., refunding amount paid for liquor license, 514 OLIVER C. W., relieved from penalty for default as Tax-Collector, 512 PUTNAM RIFLES AND SURETIES Relief of, 518 SHACKELFORD E. H., and Odom, L. J., relief of, 516 STRANGE J. D., relief of, 513 STUBBS Captain L. Q., and bondsmen, relief of, 511

Page 602

Part IV. RESOLUTIONS Donation from United States of portion of proceeds of public lands, accepted, etc., 522 National Bank Act, as to amendment of, 522 State Banks, tax on, repeal of urged, 523 Sandersville and Tennille Railroad Company relieved from penalty for failure to pay tax, 523 Hill, Hon. B. H., placing statue of in Capitol, 524 Western and Atlantic Railroad, inquiring as to property connected with in Tennessee, etc., 525 Barnesville Blues, officers of released from liability for guns, 525 British America Assurance Company relieved from penalty for failure to pay tax, 526 General Assembly of 1890, session prolonged, 526 General Assembly of 1890, indexing journals, 527 North and South Street Railroad Company relieved from penalty for failure to pay tax, 527 Arms, requisition for, 528 Committee rooms, chairs for, 529 Georgia State Lottery property, settlement of litigation, 529 City and Suburban Railway relieved from penalty for failure to pay taxes, 530 Coast Line Railway relieved from penalty for failure to pay taxes, 531 Atlanta University, appropriations made to cover into State treasury, 531 State Chemist, plumbing, etc., in office of, 532 Western and Atlantic Railroad Company, creation of Commission for settlement of claims between and the State, 533 Georgia volunteers, permanent camp site for, 537 Wadley and Mt. Vernon Railroad Company relieved from penalty for failure to pay taxes, 538 University of Georgia, committee from General Assembly to attend commencement, 539 Adkins, A. C., payment to family of amount due, 539 Coley, Jesse, discharged from lunatic asylum, 540

Page 603

Criminal laws, as to revision of, 540 Financial embarrassment of country, Congress asked to relieve, 541 Cleveland, Ex-President, invited to Georgia Chautauqua, 541 Land Lots, investigation as to status of certain, 542 Lunatic Assylum buildings, insurance on, 544 School fund, temporary loan for, 544 Okefenokee land and fund paid for State reserve, inquiry as to, 545 Conger Lard bill, Congress asked to reject it, etc., 545 Executive mansion, repairs, etc., for, 546 Plats and bonds in office Secretary of State, destruction of certain, 546 Confederate widows, borrowing money to pay pensions to, 547 Tariff laws, touching repeal or modification of, etc., 548 Hunter, W. J., appropriation for widow of, 549 School, books, touching supply of, 549 Conger Lard bill, Congress asked to reject 550 Direct Tax Act, agent to collect money due under, 551 Direct Tax Act, terms of accepted, 552 Railroad companies, investigation as to violation of charters of, 552 Contingent fund of 1891, supplemental appropriations for, 553 Public Acts of 1890, appropriation for copies of 553 Eason, Jas., appropriation for widow of, 554 Jennings, Wm., per diem of, 554 Chappel, A. P., and Harris Freeman, refunding liquor tax paid by, 555 Attorney-General, appointment of assistant, 556 Capitol Commissioners, ratifying exchange of property by, 556 Journals for sessions of 1891, Index for, 557 Savannah River, obstructions in, 558 Mileage for session of 1891, 559 Capitol, appropriation for painting or repairing, 559 Savannah River Improvement Association, committee to attend meetings of, 560 Western and Atlantic Railroad, interest of State in right-of-way, etc., for protection of, 560 Western and Atlantic Railroad, lands of State lying along, investigation as to, 562 Uniformity of laws, commission as to, 563 Colquitt, Worth and McDuffie counties, standard weights and measures for, 563 Wright, W. C., refunding tax paid as liquor dealer, 564

Page 604

Willis, Barney, appropriation for widow of, 565 Savannah Harbor, as to appropriation for, 565 Hightower, J. N., appropriation for widow of, 567 Certain Act, return of from Secretary of State requested, 568 McConnell, Jos., appropriation for widow of, 569 Attorney-General, stenographer for assistant, 570 Bell, R. W., appropriation for widow of, 570 Humphries, Ledford, appropriation for widow of, 571 Through freight and passenger rates, touching regulation of, 572 General Assembly, bringing up unfinished business of, 572 Houston, W. J., appropriation for services of as expert, 573 Bonds, Attorney-General to investigate status of certain, 574 Yarbrough, J. J., payment to of reward, 574 Western and Atlantic Railroad betterment case, etc., expenses of chaplains, and books for magistrates, payments for, 575 Public lands, Attorney-General to sue trespassers on, 577

Page 605

SUPERIOR COURT CALENDAR. [ Revised for 1892 by W. H. Harrison .] ALBANY CIRCUIT. B. B. BOWER, Bainbridge, Ga., Judge; W. N. SPENCE, Camilla, Ga., Solicitor-General. BakerFirst Monday in May and November. CalhounSecond Monday in June and December. DecaturSecond and third Monday in May and November. DoughertyFirst, second and third Monday in April and October. MitchellThird and fourth Monday in March and fourth Monday in November. WorthFourth Monday in April and October. ATLANTA CIRCUIT. M. J. CLARKE, Atlanta, Ga., Judge; C. D. HILL, Atlanta, Ga., Solicitor-General FultonFirst Monday in March and September. AUGUSTA CIRCUIT. H. C. RONEY, Augusta, Ga., Judge; BOYKIN WRIGHT, Augusta, Ga., Solicitor-General. BurkeFirst Monday in December and Third Monday in May. ColumbiaFourth Monday in March and September. McDuffieThird Monday in March and September. RichmondThird Monday in April and October. BLUE RIDGE CIRCUIT. GEORGE F. GOBER, Marietta, Ga., Judge; GEORGE R. BROWN, Canton, Ga. Solicitor-General. CherokeeFourth Monday in February, and second Monday in September. CobbSecond and Third Monday in March, and third and fourth Monday in November. DawsonThird Monday in April and second Monday in September. FanninFourth Monday in May and third Monday in October. ForsythThird Monday in February and fourth Monday in August. GilmerThird Monday in May and second Monday in October. MiltonFirst Monday in February and third Monday in August. PickensFourth Monday in April and September. BRUNSWICK CIRCUIT. SPENCER R. ATKINSON, Brunswick, Ga., Judge; W. G. BRANTLEY, Brunswick, Ga., Solicitor-General. ApplingSecond Monday in March and October. CamdenTuesday after fourth Monday in April and November. CharltonTuesday after third Monday in April and November. ClinchFirst Monday in March and October. CoffeeTuesday after second Monday in April and November. GlynnFirst Monday in May and December. PierceFourth Monday in March and October. WareFirst Monday in April and November. WayneThird Monday in March and October.

Page 606

CHATTAHOOCHEE CIRCUIT. JOHN H. MARTIN, Columbus, Ga., Judge; A. A. CARSON, Columbus, Ga., Solicitor-General. ChattahoocheeFourth Monday in March and September. HarrisSecond Monday in April and October. MarionFourth Monday in April and October. MuscogeeSecond Monday in May and November. TalbotSecond Monday in March and September. TaylorFourth Monday in February and August. CHEROKEE CIRCUIT. THOS. W. MILNER, Cartersville, Ga., Judge; A. W. FITE, Cartersville, Ga., Solicitor-General. BartowSecond Monday in January and July. CatoosaSecond Monday in February and August. DadeThird Monday in March and September. GordenFourth Monday in February and August. MurrayThird Monday in February and August. WhitfieldFirst Monday in April and October. COWETA CIRCUIT. S. W. HARRIS, Carrollton, Ga., Judge; T. A. ATKINSON, Greeneville, Ga., Solicitor-General. CampbellFirst Monday in February and August. CarrollFirst Monday in April and October. CowetaFirst Monday in March and September. FayetteThird Monday in March and September. HeardFourth Monday in March and September. Meriwether Third Monday in February and August. TroupFourth Monday in April and first Monday in November. EASTERN CIRCUIT. ROBERT FALLIGANT, Savannah, Ga., Judge; W. W. FRASER, Savannah, Ga., Solicitor-General. ChathamFirst Monday in March, June and December. BryanFirst Monday in May and November. EffinghamSecond Monday in May and November. McIntoshFourth Monday in May and November. LibertyThird Monday in May and November. FLINT CIRCUIT. JAMES S. BOYNTON, Griffin, Ga., Judge; E. WOMACK, Covington, Ga., Solicitor-General. ButtsThird Monday in February and August. HenryThird Monday in April and October. MonroeFourth Monday in February and August. PikeFirst Monday in April and October. SpaldingFirst Monday in February and August. UpsonThird Monday in January and July. MACON CIRCUIT. A. L. MILLER, Macon, Ga., Judge; W. H. FELTON, JR., Macon, Ga., Solicitor-General. CrawfordThird Monday in March and October. HoustonFirst Monday in April and October. BibbThird Monday in April and first Monday in November, and continues as long as necessary.

Page 607

MIDDLE CIRCUIT. ROGER L. GAMBLE, JR., Louisville, Ga., Judge; B. D. EVANS, Sandersville, Ga. Solicitor-General. BullochFourth Monday in April and October. EmanuelThird Monday in April and October. JeffersonSecond Monday in May and November. JohnsonFourth Monday in March and September. ScrevenThird Monday in May and November. TattnallSecond Monday in April and October. WashingtonFirst Monday in March and September. NORTHEASTERN CIRCUIT. C. J. WELLBORN, Blairsville, Ga., Judge; HOWARD THOMPSON, Gainesville, Ga., Solicitor-General. HallThird Monday in January and July. HabershamFirst Monday in March and September. Rabun Third Monday in March and September. TownsFourth Monday in March and September. WhiteSecond Monday in April and October. LumpkinThird Monday in April and October. UnionFirst Monday in April and October. NORTHERN CIRCUIT. HAMILTON McWHORTER, Lexington, Ga., Judge; W. M. HOWARD, Lexington, Ga., Solicitor-General. FlbertSecond Monday in March and September. GlascockThird Monday in February and August. HancockSecond Monday in April and October. HartThird Monday in March and September. LincolnFourth Monday in April and October. MadisonFirst Monday in March and September. OglethorpeThird Monday in April and October. TaliaferroFourth Monday in February and August. WarrenFirst Monday in April and October. WilkesFirst Monday in May and November. OCMULGEE CIRCUIT. WM. F. JENKINS, Eatonton, Ga., Judge; GRAY LEWIS, Greensboro, Ga., Solicitor-General. BaldwinSecond Monday in January and July. GreeneSecond Monday in February and August. JasperFourth Monday in March and September. JonesThird Monday in April and October. MorganFourth Monday in February and August. PutnamThird Monday in March and September. WilkinsonFirst Monday in April and October. LaurensFourth Monday in January and July. OCONEE CIRCUIT. DAVID M. ROBERTS, Eastman, Ga., Judge; TOM EASON, McRae, Ga., Solicitor-General. DodgeSecond Monday in March and September. IrwinFirst Monday in April and October. MontgomeryFourth Monday in April and October. PulaskiThird Monday in May and November. TelfairThird Monday in April and October. TwiggsSecond Monday in April and October. WilcoxFourth Monday in March and September.

Page 608

PATAULA CIRCUIT. JAS. H. GUERRY, Dawson, Ga., Judge; JAMES M. GRIGGS, Dawson, Ga., Solicitor-General. ClayThird Monday in March and September. EarlyFirst and second Monday in April and October. MillerThird Monday in April and October. QuitmanSecond Monday in March and September. RandolphFirst and second Monday in May and November. TerrellFourth Monday in May and November, and holds two weeks. ROME CIRCUIT. JOHN W. MADDOX, Rome, Ga., Judge; W. J. NUNNALLY, Rome, Ga., Solicitor-General. ChattoogaSecond Monday in March and September. FloydFourth Monday in March and September, and holds four weeks; longer, if necessary WalkerThird Monday in February and August. SOUTHERN CIRCUIT. AUGUSTIN H. HANSELL, Thomasville, Ga., Judge; J. R. SLATER, Valdosta, Ga., Solicitor-General. BerrienThird Monday in March and second Monday in October. BrooksFirst Monday in May and November. ColquittFirst Monday in April and Tuesday after third Monday in September. EcholsTuesday after second Monday in March and Tuesday after fourth Monday in September. LowndesThird Monday in May and November. ThomasThird week in April and October. SOUTHWESTERN CIRCUIT. W. H. FISH, Oglethorpe, Ga., Judge; C. B. HUDSON, Ellaville, Ga., Solicitor-General. WebsterFirst Monday in April and October. SchleySecond Monday in April and October. StewartThird and fourth Monday in April and October. LeeFirst Monday in March and September. MaconSecond and third Monday in May and November. SumterFourth Monday in May and November, and continue as long as necessary. DoolySecond and third Monday in March and September. STONE MOUNTAIN CIRCUIT. RICHARD H. CLARK, Atlanta, Ga., Judge; J. S. CANDLER, Decatur, Ga. Solicitor-General. ClaytonFirst Monday in March and September. DeKalhSecond Monday in February and August. NewtonThird Monday in March and September. RockdaleSecond Monday in March and September. TALLAPOOSA CIRCUIT. CHAS. G. JANES, Cedartown, Ga., Judge; A. RICHARDSON, Cedartown, Ga. Solicitor-General. PauldingFirst and second weeks in January and August. HaralsonThird and fourth weeks in January and August. DouglasSecond Monday in February and third Monday in November. PolkFourth Monday in February and August, and continuing five weeks, if necessary.

Page 609

WESTERN CIRCUIT. N. L. HUTCHINS, Lawrenceville, Ga., Judge; R. B. RUSSELL, Athens, Ga., Solicitor General. BanksThird Monday in March and September. ClarkeSecond, third and fourth Monday in April and second Monday in October. OconeeFourth Monday in January and July. FranklinFourth Monday in March and September. GwinnettFirst and second Monday in March and first Monday in September. JacksonFirst and second Monday in February and August. WaltonThird Monday in February and August. SUPREME COURT OF GEORGIA. LOGAN E. BLECKLEY CHIEF JUSTICE. Term to January 1, 1893. THOS. J. SIMMONS ASSOCIATE JUSTICE. Term to January 1, 1895. SAML. LUMPKIN ASSOCIATE JUSTICE. Term to January 1, 1897. Z. D. HARRISON CLERK. LOGAN BLECKLEY DEPUTY CLERK. HENRY C. PEEPLES REPORTER. GEO. W. STEVENS ASSISTANT REPORTER. J. M. GRAHAM, [unk] A. H. DAVIS, STENOGRAPHERS. C. L. GLESSNER, J. W. VAUGHAN SHERIFF. Terms begin first Monday in March and October.